MRINALI GOSWAMI BHATTACHARYA Vs. AMRIT RANJAN BHATTACHARYA

JUDGEMENT

(1.) The instant petition has been presented under Sec. 24 of the Code of Civil Procedure (CPC), praying for transfer of Title Suit (M) No.19/2017 from the Court of the learned District Judge, Tinsukia to the appropriate Court at Jorhat (District Judge).

(2.) The facts projected in the petition are that the marriage of the petitioner was solemnized with the respondent on 5/10/2005 at Jorhat. However, the respondent being employed at Doom Dooma, the matrimonial house was at Tinsukia. On 20/11/2006, a son was born out of the wedlock and at the time of presentation of this petition in 2017, the son was a student of Class-V.

(3.) The respondent had instituted the aforesaid title suit for divorce before the learned District Judge, Tinsukia. It is contended that prior to such institution of the divorce proceeding, the petitioner had filed a petition for maintenance before the Addl. Chief Judicial Magistrate, Jorhat, being Maintenance Case No. 41/2016 in which, order towards payment of maintenance at the rate of Rs.6,000.00 was passed on 6/10/2016. It is the categorical case of the petitioner that she is residing at Jorhat at her parental home having aged parents and the minor son who is attending school at Jorhat. There are no male members in the family except her aged father and accordingly, the present petition has been presented.