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2017 DIGILAW 513 (GAU)

Gulshan Jannat Firdousi v. Ahmed Ali

2017-04-28

PRASANTA KUMAR DEKA

body2017
JUDGMENT AND ORDER : Heard Mr. M. Choudhury, learned counsel appearing on behalf of the petitioner and also heard Mr. S.C. Biswas, learned counsel appearing on behalf of the respondent. 2. The petitioner has filed this petition for transfer of F.C (G) Case No. 7/2016 pending in the Court of learned Principal Judge, Family Court –II, Kamrup at Guwahati to the Court of learned District Judge, Nagaon at Nagaon. 3. It is the contention of the petitioner that on 12.6.2004, the marriage of the petitioner and the respondent was duly solemnized at the paternal house of the petitioner at Nagaon, as per the Muslim Shariyat and thereafter they started conjugal life residing at Guwahati. Out of the wedlock a daughter was born and she is at present about 8 years old. 4. It is further stated that the conjugal life of the petitioner and the respondent got strained and as a result the petitioner had to leave Guwahati on 09.12.2015 along with her minor daughter. At the said relevant period the minor daughter was a student in the St. Mary’s, School at Guwahati. In between, various cases were filed by the petitioner under the Domestic Violence Act, 2005 before the Court of Chief Judicial Magistrate, Nagaon. 5. The respondent filed F.C (Civil) Case No. 48/2016 for restitution of the conjugal rights with the petitioner as well as F.C (G) Case No. 7/2016 u/s 10 of the Guardians and Wards Act, 1890 read with Section 7 of the Family Courts Act, 1984 praying for an order of guardianship and custody of his minor daughter, presently under the custody and residing with the petitioner at Nagaon both pending in the Court of learned Principal Judge II, Family Court, Kamrup at Guwahati. It is for transfer of these cases, the petitioner has filed two separate transfer petitions bearing No. 14/2016 and 15/2016 referred above. Vide order dated 26.10.2016 the Tr. Petition No. 15/2016 was closed as the respondent expressed his desire not to pursue with F.C. (civil) Case No. 48/2016. The grounds taken in both the petitions are similar. 6. After appearance of the respondent in this proceeding, the matter was sent for mediation. However, the same failed. It is submitted by Mr. Vide order dated 26.10.2016 the Tr. Petition No. 15/2016 was closed as the respondent expressed his desire not to pursue with F.C. (civil) Case No. 48/2016. The grounds taken in both the petitions are similar. 6. After appearance of the respondent in this proceeding, the matter was sent for mediation. However, the same failed. It is submitted by Mr. Biswas that the respondent had offered the petitioner to come back to Guwahati whereafter separate accommodation would be provided for both the petitioner and her daughter, which the petitioner had refused. 7. Mr. Choudhury, learned counsel appearing on behalf of the petitioner submits that the refusal was because of the fact that the respondent had already married another girl and under such circumstances there is no question of the petitioner in coming back to Guwahati and residing along with the minor daughter in the accommodation supposed to be provided by the respondent. 8. From the submission of both the learned counsels, it is apparent that there is no scope for re-union of the parties to this petition and as such this Court finds that it would be more convenient on the part of the petitioner to contest the claim of the respondent in F.C. (G) Case No. 7/2016 if the same is transferred from the learned Court of Principal Judge, Family Court No. 2, Kamrup at Guwahati to the learned Court of District Judge at Nagaon. 9. Accordingly, it is directed to the learned Court of Principal Judge, Family Court No. 2, Kamrup at Guwahati to transfer the case record of F.C (G) Case No. 7/2016 to the learned Court of District Judge, Nagaon at Nagaon immediately. 10. On receipt of the case record, the learned Court of District Judge shall issue notice to the parties to the petitions fixing the date for appearance of the parties and thereafter dispose of the same as per the law. This petition is accordingly, disposed of. Interim order passed earlier stands vacated.