GUWAHATI, India, Dec. 31 -- Gauhati High Court issued the following order on Dec. 1:

1. Heard Mrs. A. Saikia, learned counsel for the petitioner. Also heard Mr. A.K. Ahmed, learned counsel for the respondent.

2. The instant application has been filed under Section 407 of the Code of Criminal Procedure, 1973 for transfer of the proceeding of D.V. Case No. 106/2019 pending in the Court of the learned Judicial Magistrate, First Class, Kamrup at Boko to the Court of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati.

3. The facts as have been narrated in the instant petition are summarized herein below :

(i) The marriage of the petitioner and the respondent were solemnized on 24.03.2008 as per Islamic Rites and Rituals under Kazy Register and Mohar was fixed as Rs. 30,000/-. A girl child was born out of the wedlock.

(ii) The respondent started to the demand of dowry immediately after marriage from the petitioner and her family and started physical and mental torture on the petitioner. Due to the aforesaid demand of dowry and atrocities the petitioner and the respondent got separated and the respondent had taken the minor daughter from the petitioner by force.

(iii) Faced with the aforesaid situation the petitioner filed the D.V. Case No. 106/2019 against the respondent before the Judicial Magistrate, First Class, Kamrup at Boko which is pending before the aforesaid Court. Vide an order passed by the learned Court, the minor daughter of the couple was restored to the mother and since then the daughter is staying with her.

4. From the affidavit filed by the respondent, it transpired that the respondent has filed an FIR against the petitioner before the Hatigaon Police Station on 19.09.2020 which was registered as Hatigaon PS Case No. 490/2020 under Section 380 IPC wherein the investigating officer has already submitted the charge-sheet against the petitioner. It is also found that another FIR against the petitioner was filed by the respondent before the Hatigaon Police Station on 01.06.2022 which has been registered as Hatigaon PS Case No. 261/2022 under Section 384/506 IPC read with Section 67, IT Act. Both the cases are pending against the petitioner.

5. The learned counsel for the petitioner submits that the petitioner is a single mother who has to look after her minor daughter while working in Guwahati, therefore, she had shifted her residence to Guwahati couple of years back. She submits that since 2 other cases are pending against her in Guwahati and she needs to attend those cases on a regular basis, it becomes very inconvenient for her to travel to Boko to attend the D.V. Case, which is pending before the Court of the learned Judicial Magistrate, First Class, Kamrup at Boko. She submits that the distance between Guwahati and Boko is almost 60 kms and travelling to and fro to Boko and Guwahati, becomes really difficult for her since she is working in Guwahati and she needs to attend her job also. Since the respondent is residing in Guwahati if the aforesaid D.V. Case is transferred from the Court of the learned Judicial Magistrate, First Class, Kamrup at Boko to the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati will not cause any problem for the respondent to attend the case as he is staying in Guwahati.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqHpNYvW96wV8%2FQMLRDkX1QUNe1SKIVG5ZzWtCk0XlklX&caseno=Tr.P.(Crl.)/28/2024&cCode=1&cino=GAHC010122222024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.