Decided on July 29,1994

Pranami Dutta Mazumdar Appellant
Prasanta Kumar Choudhury Respondents


J.N. Sharma, J. - (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.
An affidavit -in -opposition has been filed on behalf of the opp. party, husband wherein he has stated that he is employed in a Tea Estate in the District of Dibrugarh and is working there. The father of the opp. party is the General Manager of Segunbari Tea Estate at Margherita in the District of Tiusukia. The house of the opp. party at Satipur has been let out. The other allegations in the application are denied and he prays that the transfer application may be rejected.

(3.)SECTION 19 of the Hindu Marriage Act, 1955 provides for the Court to which petition shall be presented. Section 19 is quoted below :
"19. Court to which petition shall be presented. - -Every petition under this Act shall be presented to District Court within the local limits of whose ordinary original civil jurisdiction - -

(j) the marriage was solemnized, or

(ii) the respondent, at the time of presentation of the petition resides, or

(iii) the parties to the marriage last resided together, or

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time, residing outside the territories to which this Act extends, or has not been heard of or being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive,"

A bare reading of Section 19 will show that the Court at Dibrugarh has the jurisdiction to try the matter but the question is that whether the power should be exercised under Section 24 to transfer this case to Guwahati.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.