Arup Kumar Goswami, J.

1. Heard Mr. C. Goswami, learned counsel appearing for the petitioner. Also heard Mr. P.J. Saikia, learned counsel appearing for the respondent. This application under Section 24 CPC is filed by the petitioner praying for transfer of Title Suit (Divorce) No. 39/2015, pending in the court of the learned Additional District Judge (FTC), Dibrugarh, to the court of the learned District Judge, Darrang, Mangaldoi. The aforesaid suit was filed by the respondent/husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, for a decree of divorce.

2. The marriage between the parties was solemnized on 28.11.2004 at Guwahati. At the time of marriage, the husband of the petitioner was working at Mangaldoi and, later on, he was transferred to Faridabad. A baby daughter was born to the couple on 11.10.07 at Downtown Hospital, Guwahati. The respondent resigned his job and left Faridabad in December, 2010 and he is presently working as a Senior Accounts Officer in Dibrugarh University since June, 2011.

3. Staring that the petitioner had withdrawn from the society of the husband and had left the matrimonial house to stay at her parental house at Mangaldoi, the respondent had filed a Title Suit (Restoration) No. 77/2013 in the court of the learned District Judge, Dibrugarh. The petitioner filed a Transfer Petition (Civil) No. 45/13 for transferring the suit to the court of the learned District Judge, Mangaldoi. The parties to the suit decided to settle the dispute amicably through mediation and, accordingly, by an order dated 19.03.2014, this court referred the said transfer petition to the Mediation Centre of the Gauhati High Court. A report was submitted by the Mediator of the Gauhati High Court on 09.07.2014, which reads as follows:

"Report

The above mentioned case was referred to the Gauhati High Court Mediation Centre vide order dated 19.03.2014. I have been appointed as the Mediator. The parties appeared before me on 28.04.2014 at the Mediation Centre, Gauhati High Court. After a detailed discussion in the Mediation Centre, both the parties decided to settle their dispute amicably through Mediation with regard to the T.S. No. 77(R)/2013, pending in the court of the District Judge, Dibrugarh.

Facts of the Case:

The petitioner and the respondent got married on 28.11.2004 and out of their wedlock, a female child was born on 11.11.2007. But due to some differences between the parties, the petitioner, Smti. Priyanka Das (Bora), started living in her paternal house at Mangaldoi.

The petitioner appeared in the TET examination and she got qualified in the said examination and got the appointment in the Amiruddin L.P. School at Kalaigaon in the September, 2012. In the month of October, 2012, the petitioner got another job of Assistant Teacher (English) at Dibrugar University. She joined in the said job and was staying with Mr. Diganta Bora along with their child in Dibrugarh. In the month of January, 2013, the petitioner resigned from her job at Dibrugarh University and rejoined in the Amiruddin L.P. School at Kalaigaon and started staying in her paternal house at Mangaldoi. The respondent, Sri Diganta Bora, presently is working at Dibrugarh University and staying at the Dibrugarh University quarter along with his daughter who is about 8 years old and studying at Little Flower School, Dibrugarh. During the discussion, the parties decided to live their married life under the following terms and conditions:

The Agreed Terms and Conditions:

1. That the petitioner will stay at Mangaldoi in her paternal house during the school working days and during holidays and long vacations of the school, the petitioner will stay with her husband at Dibrugarh till an alternative job is arranged for her in Dibrugarh.

2. That the daughter of the petitioner and the respondent will stay at Dibrugarh with her father and will continue her studies at the Little Flower School, Dibrugarh.

3. That the respondent will withdraw the T.S.(R) No. 77 o