Dulumoni Das W/o Sri Monujit Mahanata vs Monujit Mahanta S/o Late Ruchi Kanta Mahanta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Gau) 979

ARUN DEV CHOUDHURY
Dulumoni Das W/o Sri Monujit Mahanata – Appellant
Versus
Monujit Mahanta S/o Late Ruchi Kanta Mahanta – Respondent

Advocates:
Advocate Appeared:
For the Appellant : MR. K K HANDIQUE
For the Respondent: MR U S BORGOHAIN

ORDER :

1. Heard Mr. K. K. Handique, learned counsel for the petitioner. Also heard Mr. U S Borgohain, learned counsel for the respondent.

2. The present application is filed under section 24 of the Code of Civil Procedure, 1908 for transfer of the T.S (D) Case No.112/2022, pending before the court of learned District Judge, North Lakhimpur to the Court of the learned Principal Judge, Family Court, Kamrup (M) at Guwahati.

3. The case of the petitioner is that she got married with the respondent on 27.04.2014 as per Hindu customary rituals and commenced conjugal life and out of their wedlock, a female child was born on 29.04.2015. The marital life of the petitioner could not run well and smoothly and both the petitioner and the respondent started living separately. In the meantime, the respondent filed a Title Suit (D) No.112/2022 under section 13 of the Hindu Marriage Act, 1955 before the learned District Judge, North Lakhimpur praying for dissolution of marriage.

4. The petitioner claims that she has no source of income and depends on her elder sister for livelihood. The petitioner has also preferred an application under section 125 Cr.P.C., before the court of learned Principal Judge

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