Full Judgment
Heard Ms. B. Bhuyan, learned counsel assisted by Mr. P.K. Sarma, learned counsel for the petitioner. This is a petition filed by the husband under Section 24 of the Code of Civil Procedure praying for transfer of T.S.(M) No.17 of 2014and T.S. (M) No.22 of 2014 filed by the respondent-wife in the Court of District Judge, Sivasagar against him to Guwahati. I have perused the contents of the petition. No case is made out on facts to seek transfer of case filed by the respondent wife at Sivasagar to Guwahati. The petition thus fails and is accordingly dismissed in limini. Before parting with the case, I am inclined to observe that in a matrimonial dispute between the husband and wife, it is the duty of the Court, so also of the spouses to make sincere endeavour to patch up their mutual so called disputes and make attempt to start living together. This is more so when they are blessed with two children (one son and a daughter). It is only when they start living together, happiness will come in the family otherwise the gap of resentment will go on increasing day by day by fighting litigations which would not serve any bodys purpose except to bring amongst them a sense of hatred and unhappiness. Both must realize that they have to live together for the welfare and upbringing of their children. A copy of this order be filed before the Sivasagar Court so that the Family Judge who is seized of the matter would make sincere endeavour by calling husband and wife together with their son and daughter to patch up their dispute and will persuade to start living together as a one happy family. It is with these observations, this petition filed by the husband fails and stands dismissed with compensatory cost of Rs.5,000/-.
The petitioner will pay/deposit the cost of Rs.5,000/- in the Court at Sivasagar for being paid to the respondent-wife and the separately living children by the next date of hearing before the Family Judge.