PRANAMI DUTTA MAZUMDAR Vs. PRASANTA KUMAR CHOUDHURY

JUDGEMENT

(1.) THIS application under Section 24 of the Code of Civil Procedure read with Section 151 of the Code of Civil Procedure has been filed by the wife Smt. Pranami Dutta Mazumdar praying for transfer of Title (Divorce) Suit No. 1/94 from the Court of the District Judge, Dibrugarh to Guwahati. The brief facts are as follows:

(2.) THE petitioner and the Opp. party were married on 9.12.92 at Guwahati according to Hindu Rites. The marriage was negotiated one. That there arose misunderstanding and clashes between the parties and the petitioner tried to come back to Guwahati from Dibrugarh. The petitioner was expecting that her husband would come to Gauhati and take her back but the husband did not turn up. In the meantime, the petitioner has got herself admitted in a computer course in Delhi where at present she is studying. That the husband filed a Title (Divorce) Suit No. 1/94 in the Court of the District Judge, Dibrugarh. praying for the dissolution of the marriage under Section 12 of the Hindu Marriage Act. Necessary notice was served on the wife i.e. present petitioner. The petitioner states that it will be extremely difficult for her to attend the proceeding in Dibrugarh. Further, the marriage was solemnised in Gauhati and the petitioner also resides in Guwahati with her parents and as such she prays that this case may be transferred to Gauhati.

(3.) SECTION 19 of the Hindu Marriage Act, 1955 provides for the Court to which petition shall be presented. Section 19 is quoted below :