MOU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. C. Das, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. U. K. Das, learned counsel for the private respondent Nos. 2 to 7.

(2.) This is an application under Sec. 407 (C) of the Code of Criminal Procedure praying for transfer of G.R. Case No. 164/2018, pending before the Court of learned Additional Chief Judicial Magistrate, Diphu, Karbi Anglong, Assam, to the Court of learned Chief Judicial Magistrate, Hojai, Sankardev Nagar, Assam.

(3.) The brief facts of the case is that the marriage between the petitioner and the respondent No. 2 was solemnized on 1/2/2017 as per Hindu rites and customs at Loco Colony, Lumding, in the District of Hojai, Assam, and after their marriage, they started living as a husband and wife at Hojainala, Manja, in the District of Karbi Anglong, Assam. But, after 10 (ten) days of their marriage, the respondent No. 2 started demanding Rs.5.00 Lakhs from her widowed mother. The family members of the respondent No. 2, i.e. the other respondent Nos. 3 to 7 herein, also used to torture the present petitioner mentally and physically and also used to humiliate her by using slang words and even they did not provide her food for several nights. On 10/6/2017, respondent No. 2 also tried to kill her, but somehow she was able to save her life. She then immediately informed her mother over telephone and on the next day morning, she left her matrimonial house and started living in her parental house. Thereafter, several requests were also made by her mother to the respondent No. 2 and their family members, but instead of taking her back, the respondent No. 2 filed a case for judicial separation before the Family Court, Kamrup (M), Guwahati, which was registered as F.C. (Civil) No. 538/2017. But, later on, the said petition was withdrawn by the respondent No. 2.