IMPORTANT POINT
The Court established that the balance of convenience is a critical factor in transferring cases under Section 24 of the CPC, prioritizing the plaintiff's right to choose a suitable forum.

JUDGMENT :

Robin Phukan, J.

Heard Mr. N. Haque, learned counsel for the petitioner and Mr. P.K. Deka, learned counsel for the sole respondent.

2. This petition, under Section 24 read with Section 151 of the Code of Civil Procedure (C.P.C.), 1908, is preferred by Smti. Sajida Jesmin for transferring F.C. (Civil) Case No. 301/2024, pending before the court of learned Principal Judge, Family Court Kamrup (M) Guwahati to the court of learned District Judge, Karimganj.

The background facts:-

3. The background facts leading to filing of the present petition are briefly stated as under:-

“The petitioner got married with the respondent/opposite party on 02.12.2018, as per Muslim Sariat. After marriage, they have started their conjugal life at the permanent resident of the respondent/opposite party at village Alamkhani in the district of Karimganj. In the marriage she was gifted with articles by her father as per his capacity. But, the family members of the respondent/opposite party were not satisfied with the said articles. The respondent/opposite party is working at Dubai for longtime, even prior to marriage. Out of their wedlock a girl child was born and now she is 2 & ½ years old. The respondent/opposite party used to come to his native village at-least once in a year and accordingly, on 23.05.2022, he came to his resident and stayed with the petitioner and after living few days with the petitioner, he wanted to meet one Smti Begum Sahin Habiba @ Babli at Guwahati, with whom he has maintained an extra-marital affairs and the petitioner has objected to the said extra-marital affairs. Then, on 25.05.2022, the petitioner was beaten by her husband (respondent/opposite party) and she received head and chest injury and for which she was undergoing treatment at Nilambazar P.H.E. and she was advised to do C.T. Scan and X-Ray of chest.

Thereafter, on 12.07.2022, the respondent/opposite party returned to Dubai and thereafter, on 23.07.2022, family members of the respondent/opposite party assaulted the petitioner, demanding Rs. 10,00,000/- as dowry and driven her away from the matrimonial home with the minor child. Then, the petitioner was taking shelter in her parental home and since then, she has been living with her parents and she was treated at Karimganj Civil Hospital on 24.07.2022 and doctor prescribed her medicine for her physical injury and also advised her to do C.T. Brain(P).

On many occasions the petitioner was harassed both physically and mentally by the respondent and his family members, more particularly on 25.05.2022 and on 23.07.2022. After the incident of 23.07.2022, the petitioner lodged an ejahar before the Officer In-Charge, Nilambazar P.S. and also filed a complaint case, being C.R. No. 553/2024, before the learned Chief Judicial Magistrate, Karimganj, under Section 498(A) of the Indian Penal Code (I.P.C.).

In the meantime, the respondent also filed a petition under Section 281 of the Mahammadan Law, praying for restitution of conjugal life, before the learned Principal Judge, Family Court Kamrup (M) Guwahati, which was registered as F.C.(Civil) Case No. 301/2024 and the petitioner received notice to appear before the said court on 18.05.2024.

It the said case, the respondent stated that he is the original resident of Alomkhani village, under Nilambazar P.S. of Karimganj district and he served in various corporate sectors of Guwahati and thereafter, he had shifted to UAE, Dubai, wherein he is presently working. It is further stated that the marriage of the petitioner with the respondent was solemnized at Karimganj and they have started their conjugal life at Karimganj and the child was also born at Karimganj and she was driven out from the matrimonial home at Karimganj and all the cause of action of the case were arose at Karimganj.

In view of aforementioned facts and circumstances, the learned Principal Judge, Family Court Kamrup (M), Guwahati, has no jurisdiction to try the said case.”

Therefore, it is contended to transfer the F