JHUMKI ROY Vs. SANJAY ROY
HIGH COURT OF GAUHATI (AT: AGARTALA)
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. B.J. Mukherjee, the learned counsel for the petitioner as well as Mr. A.K. Hussain, learned counsel appearing for the respondent.
(2.) By this application under Section 24 CPC read with Section 19 of the Hindu Marriage Act, the petitioner who is the estranged wife of the respondent, seeking transfer of T.S. (D) No. 67/2016, from the court of learned District Judge, Bongaigaon to the court of learned District Judge, Kokrajhar.
(3.) The case of the petitioner is that after the marriage a son was born on 21.07.2013. However, there was a matrimonial discord between them. The father of the petitioner filed an FIR before the Officer-in-charge, Bongaigaon P.S. under Section 498A IPC. On the basis of the said FIR, the petitioner was stated to be rescued from her matrimonial home and she is now residing with the her father at Kokrajhar. The petitioner has also filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which was registered as C.R. Case No. 820/2013. The said case was disposed of by the learned Chief Judicial Magistrate, Kokrajhar by order dated 23.05.2015, allowing maintenance to the petitioner as well as to her child and some amount of compensation has also granted for mental torture and emotional distress. Thereafter, the respondent had filed the divorce case as indicated above.;
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