1. Heard Mr. P. P. Borthakur, learned counsel appearing for the petitioner. Also heard Mr. S. K. Sarkar, learned counsel appearing for the
respondent.
2. This application under Section 24 of the CPC is filed by the petitioner praying for transfer of F.C. (Civil) Case No. 171/2017, filed by the
respondent under Section 9 of the Hindu Marriage Act, 1955, which is pending in the court of the learned Principal Judge, Family Court, Kamrup,
Guwahati, to the court of the learned District Judge, Jorhat. The respondent entered appearance in this case by filing Vakalatnama on 04.04.2017
and, till date, no objection to the instant petition has been filed.
3. In the petition, it is stated that the marriage between the parties was solemnized on 10.02.2014 at Guwahati and that the petitioner had to leave
her matrimonial house on 11.06.2016 and, since then, she is residing in her parental home at Jorhat. It is also stated in the petition that the
petitioner, prior to filing of the F.C. (Civil) Case No. 171/2017, had filed a petition under Section 13 of the Hindu Marriage Act, 1955 for a
decree of divorce in the court of the learned District Judge, Jorhat, which was registered as T.S.(M) 113/2016 as well a petition under Section 12
read with Section 19(8) and 23 of the Protection of Women from Domestic Violence Act, 2005, which is registered as Misc. Case No. 112/2016
and that in both the cases the respondent had entered appearance. It is submitted by Mr. Borthakur that the respondent filed F.C. (Civil) Case
No. 171/2017 in the court of the learned Principal Judge, Family Court at Guwahati as a counter blast to the aforesaid two cases that had already
been filed by the petitioner at Jorhat. He has further submitted that there is none in the family of the petitioner to escort her to Guwahati on each
and every date when the case is listed before the Principal Judge, Family Court, Guwahati, where personal appearance of the parties is mandatory
and lawyers are not allowed to represent the parties.
4. Having regard to the aforesaid factual matrix, I am of the considered opinion that a case is made out for transfer of the F.C. (Civil) Case No.
171/2017 from the court of the learned Principal Judge, Family Court, Kamrup, to the court of the learned District Judge, Jorhat.
5. Accordingly, F.C. (Civil) Case No. 171/2017, pending in the court of the learned Principal Judge, Family Court, Kamrup, is transferred to the
court of the learned District Judge, Jorhat. The parties to the proceeding will appear before the learned District Judge, Jorhat, on 12.03.2018.
6. Learned Principal Judge, Family Court, Kamrup, Guwahati, will ensure transmission of the records of F.C. (Civil) Case No. 171/2017 to the
court of the learned District Judge, Jorhat, so that the records are available before that court on the date fixed for the appearance of the parties.
Transfer petition stands allowed.
