BANASRI PARASAR v. SOURAV JYOTI MISHRA
Court: Gauhati High Court
Bench: HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-01. BANASRI PARASAR v. SOURAV JYOTI MISHRA. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010136492019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr. P. (C). /47/2019 BANASRI PARASAR D/O- LT LALIT SARMA, R/O- BRAHMASARI SATRA, NEAR SHIV TEMPLE, P. O. BHELOGURI, P. S. SAMAGURI, DIST- NAGAON, PIN- 782140, ASSAM VERSUS SOURAV JYOTI MISHRA S/O- LT SADANANDA MISHRA, PERMANENT R/O- PANIGAON CHARIALI, RATNAPUR ROAD, P. O. NAGAON, P. S. NAGAON, DIST- NAGAON, PIN- 782001, PRESENTLY RESIDING AT H. NO. 19, HARI MANDIR PATH, NEAR DOWN TOWN HOSPITAL, DISPUR, GHY, P. O. DISPUR, DIST- KAMRUP (M), ASSAM, PIN- 781006 Advocate for the Petitioner : MR A D CHOUDHURY Advocate for the Respondent : BEFORE HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO ORDER Date : 01-12-2020 Heard Mr. T. Chakraborty, learned counsel for the petitioner. This is an application for transfer of the Family Court (Civil) Case No. 520 of 2019 Page No.
# 2/3 pending before the Principal Judge, Family Court (M), Guwahati to the court of District Judge at Nagaon. None has appeared on behalf of the respondent. On 15. 06. 2019 this Court has noted that notice is deemed to be completed since the respondent refused to accept notice through Dasti Service. It is submitted by the learned counsel for the petitioner that the petitioner and the respondent got married on 14. 12. 2017 at Nagaon according to Hindu religious rites and customs and lived together there in the residence of the respondent. However, the respondent neglected the petitioner and did not come to meet her regularly. While she was still suffering from the neglect the respondent filed the divorce case being F. C. (Civil) No. 520/2019 in the Court of Principal Judge, Family Court, Kamrup (M), Guwahait.
It is further submitted by the learned counsel that since the marriage was solemnised at Nagaon and the parties are residents of Nagaon, the Court which has jurisdiction to try the case is the court of the District Judge, Nagaon as per Section 19 of the Hindu Marriage Act. The learned counsel also submitted that the petitioner being a woman and having a meagre income from her job of teaching in a private school it would be very difficult for her to contest the case at Guwahati. Therefore, the F. C. (Civil) Case No. 520/2019 may be transferred from the Court of Principal Judge, Family Court, Kamrup (M) to the Court of District Judge, Nagaon as per Section 19 of the Hindu Marriage Act. From the submissions of the learned counsel for the petitioner it appears that both the petitioner and the respondent are permanent residents of Nagaon and their marriage as per the Hindu rites and customs was solemnised at Nagaon.
Therefore as per Section 19 of the Hindu Marriage Act the Court which has the jurisdiction to try the case would be the court of District Judge, Nagaon. Moreover, the petitioner being a weaker sex and having meagre income from her job as a teacher in a private school would naturally be in difficulty if she has to contest the case at Guwahati. Therefore, this Court is of the opinion that the case should be transferred to the court of District Judge, Nagaon from the court of Family Court, Kamrup (M), Guwahati. Accordingly, prayer of the petitioner is allowed and the learned Principal Judge, Family Court, Kamrup is directed to transfer the case to the Court of District Judge, Nagaon within 15 days from the date of receipt of the certified copy of this order and, the learned District Judge, Nagaon is directed to trial the case as soon as records are received. Page No. # 3/3 The transfer petition is disposed of accordingly. JUDGE Comparing Assistant
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