RUPAMONI KALITA Vs. KAUSHIK KALITA

JUDGEMENT

(1.) Heard Mr. H. Bezbaruah, learned counsel for the petitioner. I have also heard Mr. A. Chamuah, learned counsel appearing for the respondent.

(2.) This petition has been filed by the wife invoking the jurisdiction of this Court under Sec. 24 of the Code of Civil Procedure, praying for transferring the proceeding registered as FC(Civil) Case No. 517/2017, pending in the Court of the learned Principal Judge, Family Court No.1, Kamrup (M) at Guwahati to the Court of the learned District Judge, Bongaigaon, Assam, on the grounds mentioned therein.

(3.) The marriage between the petition and the respondent took place on 23/01/2011 at Village- Chalantapara, in the district of Bongaigaon, Assam, as per the customary rights. The petitioner and the respondent started their conjugal life and continued to live as husband and wife at Guwahati until 09/07/2016, when the petitioner was compelled to leave the residence of her husband. According to the petitioner, she was subjected to ill treatment as well as physical and mental torture by her husband, as a result of which, she had to lodge an FIR dated 03/07/2015 before the Hatigaon Police Station, based on which Hatigaon PS Case No. 200/2015 was registered under Sec. 498(A)/420/326/307/507/427 of the Penal Code. The FIR was, however, subsequently withdrawn by the petitioner based on a compromise arrived at with the respondent.