GITIMA DAS Vs. JITENDRA NATH DAS

JUDGEMENT

(1.) HEARD Mrs. K. Deka learned counsel for the petitioner. Also heard Mr. B.M. Choudhury, learned counsel appearing for the sole respondent.

(2.) THIS application has been filed under Section 407 read with Section 482 CrPC. 1973 for transfer of Misc. Case No. 211M/2008 from the Court of Addl. CJM, Kamrup, Guwahati to the Court of learned Principal Judge, Family Court, Kamrup at Guwahati. The petitioner/wife married the Opp. Party on 6.12.2001 Guwahati according to Hindu Rites and Rituals. Out of the said wed lock she gave birth to 3 daughters. The petitioner alleges that the Opp. Party started inflicting both mental and physical torture upon her since 2001. The petitioner claims that she is the absolute owner and possessor of a plot of land covered by Dag No. 1136/2118 of K.P. Patta No. 201/687 situated at village Japorigog under Beltola Mouza and one RCC Building was constructed over the said plot of land. The petitioner along with the Opp. Party and their daughters are residing in one part of the Second Floor of the said building. The said building has been rented out to National P.G. College at the monthly rent of Rs.50,000/- only and both the petitioner and her husband are the trusties of the said college. The Opp. Party used to look after the day today affairs activities including accounts and financial transactions of the College and he does not allow the petitioner to interfere in any manner in the affairs of the college. The petitioner should have been allowed to receive the monthly rental amount of Rs.50,000/- to the Opp. Party but he used to receive the whole rental amount without giving any share to her. The Opp. Party promised the petitioner to give the money back to her but he did not do so and when the petitioner asked for return of the money, the Opp. Party tortured her both mentally and physically. The petitioner was compelled to institute a complaint case against her husband in the Court of CJM, Kamrup, Guwahati which was registered as Misc. Case No. 211M/08 under Section 12 of the Protection of Women From Domestic Violence Act, 2005. The Opp. Party contested the case by filing written statement and the case was fixed for evidence in the Court of learned Addl. CJM, Kamrup, Guwahati.

(3.) FOR the purpose of disposal of this petition, first of all certain admitted position should be taken note of. Both the Courts of Addl. CJM and the Family Court to which the misc. application is proposed to be transferred, are located at Guwahati and the distance between both the Courts would be hardly one and half kilometers. The petitioner is residing at Dispur, Guwahati. The distance between her residence and the Court of Addl. CJM, Kamrup, Guwahati would be around 10 kilometers and the distance between her residence and Family Court would be around 12 kilometers. In her petition, the petitioner has not described/ explained her inconvenience/difficulties she is facing in contesting the aforesaid cases which are located in Guwahati itself. It must be borne in mind that it is the petitioner who herself instituted both the divorce case as well as the petition for protection under the aforesaid 2005 Act. The fora were chosen by herself for her own convenience. It is not easily acceptable at this stage that she is facing inconvenience in proceeding with the said cases. Had one of the cases been tried by a forum located out side Guwahati or had she been living at another place out side Guwahati after filing the aforesaid cases for some reason, her prayer for transfer of one of the cases would have been easily acceptable. There is no bonafide reason for seeking transfer of misc. application pending before the learned Addl. CJM to the Family Court at Guwahati.