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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
Sukanya Baruah, D/o-Dr. Ranjit Kr. Baruah – Appellant
Versus
Arpan Barua, S/o-Retd. Prof. Bhaben Barua – Respondent
| Table of Content |
|---|
| 1. details of the marriage and divorce proceedings. (Para 2 , 3 , 4) |
| 2. arguments supporting the transfer of case. (Para 5 , 6 , 7) |
| 3. supporting case law for jurisdiction issues. (Para 8 , 9 , 10 , 11) |
| 4. counterarguments from the respondent. (Para 13 , 14 , 15 , 16) |
| 5. court's consideration of jurisdictional issues. (Para 18 , 19) |
| 6. court's view on video conferencing and travel burden. (Para 20 , 22) |
| 7. court's final decision on transfer petition. (Para 23 , 24 , 25) |
JUDGMENT :
Mridul Kumar Kalita, J.
[1] Heard Mr. F. Khan, the learned counsel for the petitioner. Also heard Ms. S. Parveen, the learned counsel for the respondent.
[2] This application under Section 24 of the Code of Civil Procedure, 1908, has been filed by the petitioner, Smt. Sukanya Baruah, praying for transfer of F.C.(Civil) Case No.1145/2025, filed by the respondent, who is her husband, seeking divorce from her, before the learned Principal Judge, Family Court No. 1 at Guwahati, to the court of District Judge at Dibrugarh, Assam.
[3] The facts relevant for consideration of the instant transfer application, in brief, are that the petitioner was married to the respondent on 09.07.2015 at Dibrugarh, under
The resolution of jurisdictional issues in divorce proceedings is best determined by the trial court based on factual disputes; mere inconvenience does not warrant a transfer.
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.
Point of Law : Transfer of matrimonial cases - inconveniences of the wife if the proceedings were to be transferred to Bengaluru outweighs the husband''s inconveniences in permitting the proceedings ....
In matrimonial proceedings, the convenience of the wife must be prioritized over that of the husband, especially when considering the transfer of divorce proceedings, taking into account the socio-ec....
In matrimonial transfer petitions, wife's convenience prevails due to distance, minor child care, financial constraints without spousal support, prioritizing balance of convenience and justice.
The court established that transfer applications must be filed in the appropriate jurisdictional bench as per the territorial division of the High Court.
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