MAMATA DAS CHOUDHURY Vs. SUMIT CHOUDHURY

JUDGEMENT

(1.) Heard Mr. P. K. Roy, the learned counsel for the petitioner. Also heard Mr. M. Biswas, learned counsel for the respondent.

(2.) By this petition under Section 24 read with Section 151 of the Code of Civil Procedure(CPC), 1908, the petitioner has prayed for transfer of the proceedings of Divorce Case No. 2/2016 pending before the Court of learned Principal Judge, Family Court, Kohima to the Court of learned District Judge, Nagaon.

(3.) The marriage between the petitioner and the respondent was solemnized on 03.02.2014 as per Hindu rites and rituals at Nagaon at the parental house of the petitioner. Out of wedlock, a girl child was born to them on 31.10.2014. The case of the petitioner is that after the marriage, the petitioner was treated with cruelty, both mentally and physically, at her matrimonial home and ultimately, the family members of the respondent forced the petitioner to leave her matrimonial home in the month of August, 2015 and since then, the petitioner has been residing at her parental home at Nagaon along with the girl child. After being so forced out, the petitioner has instituted a proceeding against the respondent under the provisions of the Protection of Women from Domestic Violence Act, 2005 ("the DV Act", in short) before the Court of learned Judicial Magistrate, First Class at Nagaon, where the respondent has entered appearance on receipt of summons and thereafter, is contesting the case by appearing in the said case on subsequent dates. The said case is registered and numbered as DV Case No. 151 of 2016. The learned Court of Judicial Magistrate has also passed an order of interim maintenance of Rs. 12,000/- for the petitioner and her child, which order came to be challenged by the respondent by filing a criminal appeal, Criminal Appeal No. 11(N)/2017, before the Court of learned Sessions Judge, Nagaon, which was ultimately dismissed by an order dated 12.05.2017. Assailing the said order dated 12.05.2017, the respondent filed a criminal revision petition, Criminal Revision Petition No. 231/2017, before this Court and the same was also dismissed by this Court by an order dated 20.11.2018.