JUDGMENT :

Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. N. Uddin, learned counsel for the respondent.

2. The petitioner being the wife of the respondent filed an application under Section 24 of CPC for transfer of a case being No. T.S.(M) F.C.(Civil)/1139/2022 pending before the Principal Judge, Kamrup(M) at Guwahat to the Principal Judge, Family Court, Barpeta.

3. The case of the petitioner is that her marriage was solemnized with the respondent in the year 2014 as per Muslim Rites and Rituals. After their marriage, they lived together as husband and wife and out their wedlock two children were born. It is alleged that after birth of second child of the petitioner, the respondent demanded an amount of Rs.1 lakh as dowry and at the instigation of his parents, started to quarrel with her on some petty issues. When the petitioner refused to fulfill his demand, the respondent along with his family members started to torture her both physically as well as mentally. Somehow, the father of the petitioner managed Rs.50,000/-which was given to the respondent. But the respondent again started to torture her for remaining amount i.e. Rs.50,000/-. The father of the petitioner is very poor and failed to fulfill the demand of the respondent as a result of which the petitioner was driven out from her matrimonial home. She took shelter in the house of her parents along with her minor son who is about 2 years old.

4. It is further alleged that the respondent has not paid any money to the petitioner for her maintenance or her minor child. Finding no alternative, the petitioner filed an application under 125 Cr.P.C. for her maintenance and her minor son before the Principal Judge, Family Court, Barpeta. The petitioner also has preferred another complaint petition before the learned CJM, Barpeta under Section 12 of Protection of Women from Domestic Violence Act, 2005 vide C.R. Case No.572/2022. Subsequently, the petitioner received a notice from the Family Court, Kamrup(M), Guwahati and came to know that the respondent has filed a case before the Family Court Kamrup(M) for restitution of conjugal rights, asking her to appear before the Family Court, Kamrup(M) at Guwahati.

5. The petitioner also stated that she is residing at Garala Pam of Barpeta district. The respondent filed the restitution of conjugal rights case in the Family Court, Kamrup(M) which is about 160 k.m. away from Garala Pam village. There is none in her family to accompany the petitioner to Guwahati. She has no income of her own. Therefore, the petitioner filed this petition to transfer the case from the Family Court, Kamrup(M) to Family Court, Barpeta.

6. The learned counsel for the petitioner has submitted that the petitioner is residing along with her minor son in the house of her parents. The father of the petitioner is very poor and he is not is a position to meet the expenses of his daughter. The petitioner has also no income of her own to travel from Barpeta to Guwahati. The petitioner used to reside in a remote area of Barpeta. Therefore, it is not possible on the part of the petitioner to appear in the Family Court, Kamrup(M) on each and every occasion for contesting the case. Hence, the case vide T.S.(M)F.C.(Civil)/1139/2022 be transferred from the Principal Judge, Family court, Kamrup(M) to the Family Court, Barpeta.

7. On the other hand, the learned counsel for the respondent submits that the respondent wants to lead conjugal life with the petitioner and he has no plan to divorce his wife. He filed a case before the Family Court, Kamrup(M) to pass order for restitution of conjugal rights with the petitioner. It is also submitted that the respondent is the only person to look after his parents. It is also difficult for him to travel from Guwahati to Barpeta to attend the proceeding of the case. Hence, the case may not be transferred from the Principal Judge, Family Court, Kamrup(M) to Family Court Barpeta.

8. I have considered the submissions made by t