GAHC010278282025 2026:GAU-AS:2628 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Tr.P.(C)./97/2025 DWIPAYAN DAS SON OF LATE SACHINDRA CHANDRA DAS, RESIDENT OF VILLAGE-

KONABARI, NEAR BISHNU MANDIR, JAGIROAD, P.O. AND P.S. JAGIROAD, DISTRICT- MORIGAON, ASSAM 782410.

VERSUS SMT. RUPJYOTI BORAH WIFE OF SRI DWIPAYAN DAS, RESIDENT OF VILLAGE - RAJA MELA PATH, BHUMURAGURI, JAGIROAD, DISTRICT- MORIGAON, ASSAM - 782410, PRESENTLY RESIDING AT LAKHIMI PATH, HATIGAON, GUWAHATI, ASSAM, PIN- 781038.

Advocate for the Petitioner : MR G BHARADWAJ, MR B DEORI Advocate for the Respondent : MR A KAKOTI, J PEGU,MS S BORA BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

20.02.2026 Heard Mr. F. Faridi, learned counsel for the petitioner. Also heard Mr. A Kakati, learned counsel for the respondent.

2. In this petition, under Section 24 of the Code of Civil Procedure, the petitioner, who happens to be the husband of the respondent; has prayed for transferring the F.C. (Civil) Case No. 1432 of 2025, pending before the Court of the learned Principal Judge Family Court No. 2, Kamrup(M), Guwahati to the Court of the learned District Judge, Morigaon.

3. Mr. Faridi, learned counsel for the petitioner submits that the petitioner got married with the respondent on 17.02.2019 at Jagiroad and thereafter, they started their conjugal life at the matrimonial home, at Konabari Village, Jagiroad. Thereafter, they had shifted to Guwahati and started living in a rented apartment. The respondent completed her M.Sc. in the year 2020 and she started searching for a job. She got the job of School Teacher at Chandrapur, Guwahati. The behavior and attitude of the respondent towards the petitioner has changed after joining her service. Thereafter, marital discord surfaced between them and the respondent left the matrimonial home in the month of September 2024 and did not return. The petitioner has served legal notice to the respondent but the same failed to evoke any response. Then the petitioner had instituted one Title Suit (R) No.09/2024, before the Court of learned District Judge, Morigaon for restitution of conjugal right and in the said proceeding the respondent had failed to turn up despite service of notice for which the case proceeded ex-parte and ultimately ex-parte judgment and decree was passed on 25.07.2025. Mr. Faridi further submits that the respondent then filed an application for setting aside the ex-parte judgment and decree dated 25.07.2025, under Order IX Rule 13 CPC and also challenged the executability of the decree passed in Title Suit (R) No. 09 of 2024 by filing an application under Section 47 CPC and the said petitions are pending before the court of learned District Judge, Morigaon for consideration.

3.1. Mr. Faridi also submits that the marriage between the parties was solemnized at Jagiroad in the district of Morigaon, Assam and the dispute and separation happened within the territorial limits of the jurisdiction of Morigaon Court and since two applications are also pending between the same parties and since the dispute between the parties in the cases pending before the Court of learned District Judge, Morigaon and of F.C. (Civil) Case No. 1432 of 2025, pending before the Court of the learned Principal Judge Family Court No. 2, Kamrup(M), Guwahati may be transferred to the Court of the learned District Judge, Morigaon for convenience of the parties and also for effective adjudication of the dispute between the parties. He also submits that in a proceeding before the Family Court the parties are required to appear on each and every date but in a proceeding before the Court of District Judge, the parties not required to appear on each and every date and they may be represented by their engaged counsel and since the petitioner is serving in Canara Bank he is not in a position to contest the proceeding initiated by the respondent in Family Court at Guwahati by appearing on each and every date. Referring to