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Gauhati High Court · body

2018 DIGILAW 128 (GAU)

APARNA DEY GHOSH v. DILIP GHOSH

2018-01-24

A.K.GOSWAMI

body2018
JUDGMENT/ORDER : Arup Kumar Goswami, J. Heard Mr. M. K. Hussain, learned counsel appearing for the petitioner in Transfer Petition (C) 50/2015 and Transfer Petition (C) No. 44/2016. 2. Transfer Petition (C) 50/2015 is an application under section 24 of the CPC praying for transfer of Misc. (Guardianship) Case No. 9/2015, pending in the court of the learned Additional District Judge No. 3, Nagaon, to the court of the learned District Judge, Darrang, Mangaldoi. 3. Transfer Petition (C) 44/2016 is an application under section 24 of the CPC praying for transfer of Title Suit (R) No. 15/2016, filed under section 9 of the Hindu Marriage Act, 1955, pending in the court of the learned District Judge, Nagaon, to the court of the learned District Judge, Darrang, Mangaldoi. 4. In none of these petitions any objection has been filed by the respondent till date. The marriage between the parties was solemnized on 03.06.2002 and they are blessed with two daughters. 5. Because of the reasons which need not detain this court, the petitioner had to leave her matrimonial home as a result of which she went back to her parental house at Kharupetia, in the district of Darrang, along with her two children. The two minor children are now studying in Central Town L.P. School, Kharupetia. It is also submitted that the petitioner is financially incapable to bear the expenses, as required, to contest the suits at Nagaon, which is at a distance of about 150 kilometers away from Kharupetia. 6. Having regard to the above, I am of the considered opinion that a case is made out for transfer of the aforesaid two cases, i.e., Misc. (Guardianship) Case No. 9/2015, pending in the court of the learned Additional District Judge No. 3, Nagaon, and Title Suit (R) No. 15/2016, pending in the court of the learned District Judge, Nagaon, to the court of the learned District Judge, Darrang, Mangaldoi. 7. Accordingly, Misc. (Guardianship) Case No. 9/2015 and Title Suit (R) No. 15/2016 are transferred from the court of the learned Additional District Judge No. 3, Nagaon, and the court of learned District Judge, Nagaon, respectively, to the court of the learned District Judge, Darrang, Mangaldoi. 8. The parties to the proceeding will appear before the learned District Judge, Darrang, Mangaldoi, on 26.03.2018 by themselves or through their counsel. 9. 8. The parties to the proceeding will appear before the learned District Judge, Darrang, Mangaldoi, on 26.03.2018 by themselves or through their counsel. 9. Learned Additional District Judge No. 3, Nagaon, and learned District Judge, Nagaon, will ensure transmission of the records of the aforesaid cases to the court of the learned District Judge, Darrang, Mangaldoi, so that the records are available before the learned District Judge, Darrang, Mangaldoi on the date fixed for the appearance of the parties. Transfer petitions stand allowed.