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2019 Supreme(Gau) 511

A.S.BOPANNA, A.K.GOSWAMI
Megha Jain – Appellant
Versus
Kartik Jain – Respondent


Advocates Appeared:
For the Appellant :Mr. A.K. Purkayastha, Advocate
For the Respondent: Mr. Kartik Jain

JUDGMENT :

A.S. Bopanna, J.

In Tr. Petition (C) No.6/2018, an issue had arisen with regard to the maintainability of the transfer petition before this Court, whereby transfer of MAT Case No.2170/2017 pending in the Court of the learned District Judge, Aizawl, State of Mizoram, wherein a matrimonial dispute was raised, was sought to the Court of the learned Principal Judge, Family Court, Kamrup (Metropolitan) at Guwahati. In that circumstance, an earlier judgment dated 13.10.2015 passed by a learned Single Judge of this Court in Transfer Petition (C) No.23/2015 (Smti. Pomi Sengupta -Vs- Biswajit Sengupta & Ors.) was cited, wherein it was held that the transfer petition filed under Section 24 of the CPC cannot be entertained when a case is sought to be transferred from a subordinate Court of one State to another State though the same High Court was exercising the jurisdiction.

2. In such circumstance, the learned Single Judge, who was confronted with the said issue in the instant case in Tr. Petition (C) No.6/2018 and since the learned Single Judge was unable to subscribe to the view taken in the case of Smti. Pomi Sengupta (supra) has referred the matter to a larger Bench by raising th

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