Smti Dorsana Bora Vs Bishwajit Das — Matrimonial and Divorce | Gauhati HC (2026)

Smti Dorsana Bora Vs Bishwajit Das — Matrimonial and Divorce | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Transfer petition allowed: proceedings of F.C.(Civil) Case No. 1236/2025 transferred from the Court of the learned Principal Judge, Family Court – III, Kamrup (M), Guwahati to the Court of the learned District Judge, Goalpara under Section 24 of the CPC; parties to appear before the transferring court on 29.05.2026 with the petitioner producing a certified copy; transferee court to fix appearance date and receive records; no order as to cost; Registry to tag the respondent counsel's vakalatnama dated 12.05.2026 on record.

Issue for consideration

Whether the matrimonial proceedings F.C.(Civil) Case No. 1236 of 2025, instituted by the respondent-husband and pending before the learned Principal Judge, Family Court – III, Kamrup (M), Guwahati, should be transferred to the Court of the learned District Judge, Goalpara, on the petition of the estranged wife (who cited her employment at Government B.Ed. College, Goalpara, a prematurely born minor child and her own ailments, and where the sole respondent raised no objection).

Court's answer

In exercise of the power under Section 24 of the CPC, and since the prayer was not objected to by the respondent, the proceedings of F.C.(Civil) Case No. 1236/2025 pending before the learned Principal Judge, Family Court – III, Kamrup (M), Guwahati stand transferred to the Court of the learned District Judge, Goalpara, for adjudication.

Ratio / Principle

The parties are directed to appear before the Court of the learned Principal Judge, Family Court – III, Kamrup (M), Guwahati in person or through counsel on 29.05.2026, on which date the petitioner shall produce a certified copy of the order.

Key takeaways

On being furnished with a certified copy of the order, the learned Principal Judge, Family Court – III, Kamrup (M), Guwahati shall transfer the said proceedings to the Court of the learned District Judge, Goalpara after fixing a date of appearance of the parties before the transferee Court, and shall also transfer the records to the said Court.ratio¶28

Detailed headnote1 paragraphs

Gauhati High Court (Kalyan Rai Surana, J.), Order dated 13.05.2026 in Tr.P.(C)/99/2025: Allowed, without objection, the wife-petitioner's transfer petition under Section 24 of the CPC seeking transfer of F.C.(Civil) Case No. 1236 of 2025 — the respondent-husband's application under Section 13(1)(ia) of the Hindu Marriage Act read with Section 27(1)(d) of the Special Marriage Act, 1954 for dissolution of marriage — from the Court of the learned Principal Judge, Family Court – III, Kamrup (M), Guwahati to the Court of the learned District Judge, Goalpara. Grounds projected: the parties' minor male child born prematurely at twenty-seven (27) weeks on 22.11.2023, the petitioner's employment at Government B.Ed. College, Goalpara rendering travel with the weak baby difficult, and her several ailments. Counsel for the sole respondent, upon instructions, expressed no objection. Parties directed to appear before the transferring court on 29.05.2026, the petitioner to produce a certified copy; the transferring court to fix an appearance date before the transferee court and transmit the records. No order as to cost.

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GAHC010285542025

2026:GAU-AS:6631

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Tr.P.(C)./99/2025

SMTI DORSANA BORA W/O BISHWAJIT DAS D/O DILIP KUMAR BORA RESIDENT OF HOUSE NO. 1, NAMGHAR PATH, VILL- MAZGAON, NEAR B.ED. COLLEGE, P.O. NIKAMUL SATRA, P.S. MAHABHAIRAB PIN-784001, IN THE DISTRICT OF SONITPUR, ASSAM, CONTACT NO. 95080-74023

VERSUS

BISHWAJIT DAS

SON OF SRI DILIP CHANDRA DS

RESIDENT OF HOUSE NO. 54, BOLORAM BORA ROAD, BAROWARI, HAPPY VILLA, GUWAHATI-781001, P.O. UZANBAZAR

P.S. LATASIL IN THE DISTRICT OF KAMRUP (M), ASSAM, CONTACT NO. 70026-04991

Advocate for the Petitioner : ARNAV KHANIKAR,

Advocate for the Respondent : MR. C. BURAGOHAIN, MR S ARAFAT

BEFORE

HONOURABLE MR. JUSTICE KALYAN RAI SURANA

ORDER

Date : 13.05.2026

Heard Mr. A. Khanikar, learned counsel for the petitioner. Also heard Mr. S. Arafat, learned counsel appearing for the sole respondent having bar enrollment No. 1295/2018, who submits that his vakalatnama has been filed before the

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Registry yesterday.

2. The petitioner, who is the estranged wife of the respondent is seeking transfer of the matrimonial proceedings of F.C.(Civil) Case No. 1236 of 2025, which is an application under Section 13 (1)(ia) of the Hindu Marriage Act read with Section 27(1)(d) of the Special Marriage Act, 1954 for dissolution of marriage between the parties, which was instituted by the respondent before the Family Court at Guwahati, which is pending for adjudication before the learned Principal Judge, Family Court – III, Kamrup (M), Guwahati.

3. It is projected in this application that the parties have a minor male child, who was prematurely born at twenty-seven (27) weeks on 22.11.2023 and as the petitioner is employed in Government B.Ed. College, Goalpara, she is unable to travel with the weak baby and she also projects that she is suffering from several ailments.

4. The learned counsel for the sole respondent, upon instructions, submits that the respondent has expressed no objection to the prayer made in this application being allowed.

5. Accordingly, in exercise of the power under Section 24 of the CPC, as not objected to, the proceedings of F.C.(Civil) Case No. 1236/2025 pending for adjudication before the learned Principal Judge, Family Court – III, Kamrup (M), Guwahati, is transferred to the Court of learned District Judge, Goalpara, for adjudication.

6. The parties are directed to appear before the Court of learned Principal Judge, Family Court – III, Kamrup (M), Guwahati in person or through the learned counsel on 29.05.2026. On the said date, the petitioner shall produce a certified copy of this order before the said learned Court.

7. On being furnished with a certified copy of the order, the learned Principal

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Judge, Family Court – III, Kamrup (M), Guwahati shall transfer the said proceedings to the Court of learned District Judge, Goalpara, after fixing a date of appearance of the parties before the said learned transferee Court and shall also transfer the records to the said learned Court.

8. The application stands allowed.

9. There shall be no order as to cost.

10. The Registry shall trace out and tag the vakalatnama filed by the learned counsel for the respondent on 12.05.2026, on record.

JUDGE

Comparing Assistant