JUDGMENT :

MITALI THAKURIA, J.

1. Heard Mr. N. C. Das, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. U.K. Das, learned counsel for the private respondent Nos. 2 to 7.

2. This is an application under Section 407 (C) of the Code of Criminal Procedure praying for transfer of G.R. Case No. 164/2018, pending before the Court of learned Additional Chief Judicial Magistrate, Diphu, Karbi Anglong, Assam, to the Court of learned Chief Judicial Magistrate, Hojai, Sankardev Nagar, Assam.

3. The brief facts of the case is that the marriage between the petitioner and the respondent No. 2 was solemnized on 01.02.2017 as per Hindu rites and customs at Loco Colony, Lumding, in the District of Hojai, Assam, and after their marriage, they started living as a husband and wife at Hojainala, Manja, in the District of Karbi Anglong, Assam. But, after 10 (ten) days of their marriage, the respondent No. 2 started demanding Rs. 5 Lakhs from her widowed mother. The family members of the respondent No. 2, i.e. the other respondent Nos. 3 to 7 herein, also used to torture the present petitioner mentally and physically and also used to humiliate her by using slang words and even they did not provide her food for several nights. On 10.06.2017, respondent No. 2 also tried to kill her, but somehow she was able to save her life. She then immediately informed her mother over telephone and on the next day morning, she left her matrimonial house and started living in her parental house. Thereafter, several requests were also made by her mother to the respondent No. 2 and their family members, but instead of taking her back, the respondent No. 2 filed a case for judicial separation before the Family Court, Kamrup (M), Guwahati, which was registered as F.C. (Civil) No. 538/2017. But, later on, the said petition was withdrawn by the respondent No. 2.

4. The petitioner having no other alternative, filed a complaint petition before the learned S.D.J.M. Hojai, Sankardev Nagar, on 30.10.2017, under Sections 498 A/406/34 of the Indian Penal Code, which was registered as C.R. Case No. 1332/2017. The learned S.D.J.M. Hojai, Sankardev Nagar, send the said complaint for investigation and accordingly, Lumding Police Station Case No. 02/2018, under Sections 498 A/406/34 of the Indian Penal Code, was registered and on the jurisdictional point, the same was transferred to the Manja Police Station for investigation by Lumding Police. Accordingly, the investigation was done by the Manja Police Station and Charge-Sheet was accordingly filed against the respondent No. 2 and his family members before the learned Chief Judicial Magistrate, Diphu, Karbi Anglong, which is now pending before the Court of learned Additional Chief Judicial Magistrate, Diphu, Karbi Anglong, for final disposal.

5. After the matrimonial dispute, the petitioner started residing in her parental house and she has no source of income. She is fully dependant on her widowed mother and for which, she has to file a Maintenance Case before the learned Chief Judicial Magistrate, Hojai, Sankardev Nagar, claiming maintenance, which is registered as M.R. Case No. 364/2017, under Section 125 of the Code of Criminal Procedure. The learned Chief Judicial Magistrate, Hojai, Sankardev Nagar, accordingly, dispose of the case on 18.02.2021 directing the respondent No. 2 to pay Rs. 15,000/- per month to the petitioner and also asked to pay Rs. 30,000/- towards cost of case. Further, the petitioner also filed a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which was registered as Misc. (DV) Case No. 34/2018 and the same is pending before the Court of learned Judicial Magistrate 1st Class, Hojai, Sankardev Nagar, for final disposal.

6. It is further stated that on 03.01.2020, during the pendency of the above mentioned cases, the respondent No. 2 and his family members came to the paternal house of the petitioner a