PARVINA SADIKA vs MD. ABDUL KASSIM

Heard Ms. P.A. Talukdar, learned counsel for the petitioner. Also heard Mr. M.K. Hussain, learned counsel appearing for the respondent.

By this application under Section 24 of the CPC, the petitioner seeks transfer of F.C. (Civil) Case No.758/2016 from the Court of the learned

Principal Judge, Family Court, Kamrup at Guwahati to any Competent Court at Tinsukia. The marriage between the parties was solemnized as per

Islamic Law on 16.07.2012 at Tinsukia. The respondent is a Junior Engineer working in the Assam State Electricity Board.

It is not in dispute that the petition filed by the petitioner for divorce, which was registered as Title Suit No.48/2016 in the Court of the learned

Munsiff at Tinsukia, was prior in point of time to F.C. (Civil) Case No.758/2016, which the respondent/ husband had filed for restitution of the

conjugal rights.

It is submitted by Ms. Talukdar that the address shown in the F.C. (Civil) Case No.758/2016 by the respondent is in fact the address of the

brother of the petitioner and such address was used only to confer jurisdiction on the Principal Judge, Family Court, Kamrup at Guwahati. She has

submitted that in the Family Court, the parties have to appear personally and it would be difficult for the petitioner to come alone all the way from

Tinsukia, which is 500 Km away, on each and every date. Mr. Hussain has submitted that the respondent is appearing in the said divorce case in

the Court at Tinsukia.

Having regard to the materials on record and the submissions of the learned counsel appearing for the parties, F.C. (Civil) Case No.758/2016 is

transferred from the Court of the learned Principal Judge, Family Court, Kamrup at Guwahati to the Court of the learned District Judge, Tinsukia,

Assam.

The parties to this proceeding, either by themselves or through their learned counsel, will appear before the Court of the learned District Judge,

Tinsukia, Assam, on 19th March, 2018 for further orders.

The learned Principal Judge, Family Court, Kamrup at Guwahati will transmit that the records of F.C. (Civil) Case No.758/2016 to the Court

of the learned District Judge, Tinsukia, Assam, immediately so that the records are available before the Court of the learned District Judge,

Tinsukia on the date fixed. With the above observations and directions, the transfer petition is allowed. No cost.