Gauhati High Court
Smt. Haripriya Hazarika vs Kailash Borah on 31 August, 2022
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010090502022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Tr.P.(C)./48/2022
SMT. HARIPRIYA HAZARIKA
D/O SRI RATUL HAZARIKA
W/O SRI KAILASH BORAH
R/O GELLAPUKHURI ROAD,
JAYA NAGAR,
P.O. AND P.S. TINSUKIA
DIST.TINSUKIA, ASSAM
PIN-786125
VERSUS
KAILASH BORAH
S/O SRI CHARU BORAH
R/O CHINAMARA DHUAPHUNDIA
GAON, NEAR DHUAPHUNDIA PRIMARY
SCHOOL,
P.O. KONWARI PUKHURI
P.S. CHINAMARA
DIST. JORHAT, ASSAM
PIN-785008.
Advocate for the Petitioner : MR. N HASAN
Advocate for the Respondent : MS S S ZIA
Page No.# 2/5 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH 31.08.2022 Heard Mr. N. Hasan, the learned counsel for the petitioner and Ms. S. S. Zia, the learned counsel for the respondent.
This is an application under Section 24 of the Code of Civil Procedure, 1908 praying for transfer of the proceedings of Title Suit (Divorce) Case No.70/2022 pending before the Court of the learned Additional District Judge, Jorhat to the Court of the competent jurisdiction at Tinsukia.
Perusal of the instant petition discloses that the petitioner as well as the respondent got married on 12.03.2018 as per Hindu rites and rituals and thereafter the petitioner was residing at the matrimonial house of the respondent at Chinamara Dhuaphundia Gaon in the district of Jorhat and started to live there with the respondent as husband and wife. Thereafter, certain disputes arose between the petitioner and the respondent for which the petitioner left her matrimonial house and has been living in her parental house along with her parents. It has also been mentioned in the instant petition that the petitioner has filed a maintenance case under Section 125 of the Cr.P.C. before the Court of the Chief Judicial Magistrate, Tinsukia bearing Maintenance Case No.32/2018 which is presently pending. Further to that, the petitioner has also filed a petition on 14.08.2018 before the Court of the Chief Judicial Magistrate, Tinsukia under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The said case has been registered as Domestic Violence Case No.27/2018 and the same is Page No.# 3/5 presently pending before the Court of the Judicial Magistrate, First Class, Tinsukia. Further to that, it has also been mentioned that against an order being passed in the said Domestic Violence Case No.27/2018, the petitioner has challenged the same before the Court of the Sessions Judge, Tinsukia which has been registered as Criminal Revision Petition No.03(1)/2022 and the same is presently pending before the Court of the Additional Sessions Judge, (FTC) No.2, Tinsukia.
It is the case of the petitioner that she has received a notice from the Court of the Additional District Judge, Jorhat in connection with Title Suit (Divorce) Case No.70/2022 filed by the respondent seeking decree of divorce. The petitioner further submits that she is not in a position to travel to Jorhat on account of the fact that she is a non-working women and solely dependent upon her parents. It is the further case of the petitioner that there are already three proceedings pending before the Courts at Tinsukia and as such it would be in the interest of justice that the instant proceedings, being Title Suit (Divorce) Case No.70/2022, be also transferred to the Court of the competent jurisdiction at Tinsukia.
Ms. S. S. Zia, the learned counsel for the respondent submits that the marriage between the petitioner and the respondent was on account of a fraud being committed by the petitioner by not disclosing that the petitioner was earlier married to another person and has children. The learned counsel for the respondent submits that it is the basic ground on which the divorce petition has been filed by the respondent. The learned counsel for the respondent further submits that the respondent is also unemployed and having a difficult time in taking steps in the three cases and if the instant case is also transferred, the respondent would be in further difficulty.
Page No.# 4/5 I have heard the learned counsels for the parties and given my anxious consideration to the matter.
This Court being a Court exercising jurisdiction under Section 24 of the Code of Civil Procedure would not like to go into the question as regards the merit of the divorce proceedings.
It is an admitted fact that there are already three proceedings at Tinsukia against the respondents by the petitioner. It is also relevant to take note of that the said divorce proceedings which has been filed by the respondent at Jorhat, if transferred to Tinsukia, would be taken up by the Court of the District Judge, Tinsukia and the embargo under Section 13 of the Family Courts Act, 1994 is not applicable before the Court of the District Judge at Tinsukia, the respondent can very well participate in the said proceedings through a legal practitioner and it is not required for him to appear on each and every date save and except when directed by the Court wherein the said divorce proceedings are pending. It is only on dates on which the respondent would have to adduce evidence or when called for by the Court that the respondent would have to appear before the Court at Tinsukia.
Considering the above and also taking note of the fact that there are already three proceedings pending before the Courts at Tinsukia, this Court is of the opinion that the interest of justice would be met if the divorce proceedings being Title Suit (Divorce) Case No.70/2022 is transferred to the Court of the District Judge at Tinsukia.
Accordingly, the proceedings, i.e. Title Suit (Divorce) Case No.70/2022 is transferred from the Court of the learned Additional Page No.# 5/5 District Judge, Jorhat to the Court of the District Judge, Tinsukia.
The Court of the learned Additional District Judge, Jorhat is directed to forthwith transfer the records to the Court of the District Judge, Tinsukia.
The parties are directed to appear before the Court of the District Judge, Tinsukia on 28.10.2022 on which date the petitioner herein shall file her written statement without fail.
The interim order passed earlier on 18.05.2022 stands vacated.
With the above observations, the instant petition stands allowed and disposed of.
JUDGE Comparing Assistant