SMTI RASHMI REKHA SAIKIA Vs. STATE

JUDGEMENT

(1.) By filing this application under section 24 of the Code of Civil Procedure, the petitioner-wife prays for transferring the Case No.FC (Civil) No. 123 of 2005 pending in the Court of the learned Principal Judge, Family Court, Guwahati for adjudication.

(2.) The petitioner and the respondent are the wife and husband. Their marriage took place on 20.6.02. Due to certain matrimonial differences, the petitioner-wife is now staying in her parent's house at Golaghat. It is stated that the petitioner has no source of income and she is dependent on her parents.

(3.) The respondent-husband by filing the aforesaid case bearing No. FC (Civil) 23 of 2005 in the Court of the Principal Judge, Family Court at Guwahati under section 13 of the Hindu Marriage Act, 1955 has prayed for dissolution of marriage by granting decree of divorce. On receipt of the summon of the suit from the Family Court, the petitioner has approached this Court by filing this petition for transferring the proceeding to the Court of learned District Judge, Golaghat for necessary adjudication. It is alleged by the petitioner that petitioner is a poor lady and has no any source of income and it is not convenient on her part to appear in the Family Court at Guwahati. It is further alleged that the respondent-opposite party is a rich man and the aforesaid suit was filed in the Family Court, Guwahati in order to harass the petitioner.