The court must consider the convenience of the wife, financial capability, and balance of convenience of both parties while deciding on a transfer petition.

JUDGMENT :

Suman Shyam, J.

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 Section 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 Section 498(A)/420/326/307/507/427 of the IPC. The FIR was, however, subsequently withdrawn by the petitioner based on a compromise arrived at with the respondent.

4. The respondent had, in the meantime, qualified in the Assam Civil Service (ACS) examination and was appointed as Deputy Superintendent of Police (DSP) under the Assam Police Department. However, the respondent was arrested on 28/03/2018 in connection with Dibrugarh PS case No. 936/2016 pertaining to illegalities committed in his appointment as DSP and eventually, he was discharged from service.

5. Mr. Bezbaruah submits that the petitioner had recorded her statement as a witness in connection with Dibrugarh PS case No. 936/2016 and since the respondent has been discharged from service, she entertains a genuine apprehension of threat to her life. According to Mr. Bezbaruah, the petitioner was earlier living with her younger brother at Guwahati till the month of November, 2018 but thereafter, she had to shift to Abhayapuri so as to live under the care and custody of her father, who is a retired Government servant.

6. Primarily urging that the petitioner has no source of income nor does she have anyone to escort her to travel from Abhayapuri to Guwahati so as to attend the Family Court proceeding, Mr. Bezbaruah has prayed for transferring the proceedings to Bongaigaon by taking into consideration the inconvenience that would be faced by his client, if the proceedings are continued at Guwahati. It is also the submission of the learned counsel that there is a separate proceeding registered under Section 12 of the Domestic Violence Act, 2005, pending in the Court of the learned SDJM, North Salmara, Abhayapuri being CR (DV) Case No. 71/2019, wherein notice has already been issued by the learned trial Court. As such, it would be convenient for both the parties if the present proceeding is also transferred to Bongaigaon.

7. By placing reliance on two decisions of this Court reported in Sikha Paul Choudhury Vs. Dilip Paul Choudhury, (2002) 2 GauLT 599 Pallavi Saikia (Bharali) Vs. Mirganka Bharali,2006 2 GauLT 135], Mr. Bezbaruah submits that the convenience of the wife is required to be taken into account by the Court while considering the prayer for transfer of a matrimonial proceeding. The learned counsel submits that having regarding to the circumstances of this case, more particularly the threat to the life of the petitioner, the prayer made by his client be allowed by this Court.

8. Mr. Bezbaruah has also relied upon a decision rendered in the case of Bhartiven Ravibhai Rav Vs. Ravibhai Boovindbhai Rav, (2017) 6 SCC 785 to argue that it would not be difficult for the respondent to appear at Bongaigaon if both the proceedings are conducted in the same place.

9. Op