PALLAVI SAIKIA BHARALI Vs. MRIGANKA BHARALI

JUDGEMENT

(1.) Invoking the general jurisdiction of the High Court to transfer a case pending in any of its subordinate Court, this transfer petition has been filed by the petitioner praying for transfer of the Case No. F.C. (Civil) No. 61/2005 now pending for adjudication before the Principal Judge, Family Court, Kamrup at Guwahati to the Court of the learned District Judge, Sibsagar. The aforesaid case was filed in the Family Court by the husband Respondent praying for nullity of the marriage that took place between the petitioner and the Respondent, under Section 12(1)(a) of Hindu Marriage Act, 1955 and for a decree of nullity.

(2.) It is a admitted fact that the parties are professing Hindu religion and their marriage, which was an arranged one. took place on 6.5.2004 according to Hindu Rites. Even before quelling the charm of the marriage ceremony and rituals, the divorce petition came to be filed by the husband Respondent on 28.2.2005 before the Family Court, Guwahati to declare the marriage null and void. The petitioner wife was a permanent resident of Amguri town in the district of Sibasagar, which was her original place of residence before marriage. Difference having arose between the parties, now admittedly the petitioner is residing in her original place of residence under the care and protection of the other members of her parental family at Amguri Town in the district of Sibasagar, Assam, which is stated to be 350 KM away from Guwahati. Expressing inconvenience and difficulty to contest the divorce proceeding before the Family Court at Guwahati, the petitioner has filed this transfer petition under Section 24 of the CPC. It is inter alia alleged in the said transfer petition that the petitioner is now prosecuting her Degree Course in the Jhanjhi College in the district of Sibsagar and she has no source of income. The petitioner is dependent upon her parents and her attendance in the Family Court at Guwahati not only affects her studies but also it has other manifold ramifications. It is the further case of the petitioner that the respondent, who is a senior Engineer in the Tata Motors Limited, is staying at Guwahati and he is a well-to-do person and has no difficulty in attending the case in the Court of the learned District Judge at Sibasagar if the case is so transferred from the Family Court at Guwahati.

(3.) An affidavit-in-opposition the prayer made in this transfer petition has also been filed by the Respondent. The sole ground as can be visualized from the said affidavit to oppose this transfer petition is that the relatives of the petitioner had threatened the Respondent with dire consequences if he visits Sibasagar. The said statement as made in paragraph 14 lacks material particulars. There is no foundation or basis for such an apprehensive stand taken by the Respondents. Again, it is not understood as to what occasioned to get such threatening of Sibsagar after filing such divorce petition as there is no averment that the Respondent went to Sibsagar thereafter. Those are unanswered questions that arose from the reading of the affidavit-in-opposition. In fact similar ground in paragraph 13 (v) of the transfer petition is also taken by the petitioner in paragraph 13 (v), it is inter alia pleaded that the Respondent and his parents are influential person and not law abiding citizen as such if the petitioner comes to Guwahati for at tending Court she would not be in safety of her life and her life may be jeopardized at any time.