Back
B. R. GAVAI, AUGUSTINE GEORGE MASIH
Shivangi Bansal – Appellant
Versus
Sahib Bansal – Respondent
JUDGMENT :
AUGUSTINE GEORGE MASIH, J.
1. The Transfer Petition (C) No. 2367 of 2023 has been filed by the wife - Shivangi Bansal/Shivangi Goel for transfer of HMA No. 1395/2020, titled as Sahib Bansal vs. Shivangi Bansal seeking transfer of the case from the Principal Judge, Family Court, Rohini Court, Delhi to the Court of competent jurisdiction at Hapur (Uttar Pradesh). On the other hand, TP (Crl.) No. 631-633 of 2023 is filed by the husband Sahib Bansal seeking transfer of (i) ST No. 19/2020 arising out of FIR No. 567/2018 lodged at PS Pilakhwa, Hapur titled State vs. Manju Bansal and Others pending before Additional District and Sessions Judge, Fast Track Court-I, Hapur; (i) CC No. 248/2019 under the DV Act titled as Shivangi Bansal and Another vs. Sahib Bansal pending before the Judicial Magistrate First, Hapur, UP and (iii) Complaint No. 3692/2020 u/s 406 IPC titled as Shivangi Bansal vs. Sahib Bansal and Others pending before the CJM, Hapur Court, UP, to the competent District Court Rohini in Delhi.
2. Additionally, SLP (Crl.) No. 7869 of 2022 and 11848 of 2022 have been filed by Shivangi Bansal/Shivangi Goel against the order dated 13.06.2022 passed by the High Court of Allaha
Cruelty and dowry offences – Misuse of legal provisions against husband and his near and distant relatives – After lodging of F.I.R. or complaint case without exhausting “Cooling-Period” of two month....
In matrimonial matters, the convenience of the wife is paramount, and petitions should be consolidated to prevent conflicting judgments.
The court granted a mutual consent divorce with specified conditions for permanent alimony and child support, emphasizing the child's welfare in visitation arrangements.
Dissolution of marriage through mutual consent is enforceable under Article 142, allowing for withdrawal of claims and setting custody arrangements.
The court can invoke its powers under Article 142 to grant a decree of divorce by mutual consent and dispose of pending legal proceedings based on a settlement agreement.
The interests of justice are a primary consideration in determining the transfer of family court proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
