DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Rachna Agarwal – Appellant
Versus
Arvind Kumar Goyal – Respondent
ORDER :
Transfer Petition (Crl.) No.667/2024
1. Heard learned counsel appearing for the parties.
2. We are not inclined to entertain the transfer petition, which seeks transfer of Criminal Revision bearing No. Crl. Rev. P/1/2024 titled “Rachna Agarwal Vs. Arvind Kumar Goyal & Ors.” from the High Court of Sikkim at Gangtok to the High Court of Punjab & Haryana at Chandigarh, primarily on the ground that the High Court of Sikkim at Gangtok is seized of a criminal revision petition and the petitioner’s attendance in course of hearing of the same is not necessary. If her presence is at all necessary, she may join through the virtual mode.
3. The transfer petition is, accordingly, dismissed.
4. Pending application(s), if any, shall stand disposed of.
Transfer Petition (C) Diary No. 47938/2023
5. Delay condoned.
6. Read the office report dated 05th December, 2024.
7. The marriage between the petitioner, Rachna Agarwal, and the respondent, Arvind Kumar Goyal, was solemnized on 26th January, 2016. On 23rd January, 2018, a boy was born from the wedlock. However, the parties have since drifted apart owing to differences having arisen between them.
8. The respondent has instituted proceedings under Sec
The court allowed the transfer of a family case to ensure the petitioner's convenience and participation in the proceedings.
The court has the authority to transfer family law proceedings to ensure convenience and justice for the parties involved, especially when significant hardship is present.
The court allowed the transfer of divorce proceedings to ensure convenience and justice for the petitioner.
In matrimonial matters, the convenience of the wife is crucial for transfer petitions and related proceedings involving common questions of fact and law should be consolidated.
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