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2024 DIGILAW 1274 (SC)

Rachna Agarwal v. Arvind Kumar Goyal

2024-12-06

DIPANKAR DATTA, PRASHANT KUMAR MISHRA

body2024
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 Section 13 of the Hindu Marriage Act, 1955, bearing MAT. Suit No.382/2018 titled “Arvind Kumar Goyal Vs. Rachna Agarwal”, before the court of the District Judge, Jalpaiguri, West Bengal. 9. On the multiple grounds urged in the petition, the petitioner has sought for transfer of the aforesaid proceedings from the court of the District Judge at Jalpaiguri, West Bengal to the District Judge/Principal Family Court at Jind, Haryana. 10. We have heard Ms. Savita Devi, learned counsel appearing for the petitioner as well as Mr. Manish Pratap Singh, learned counsel appearing for the respondent. 11. We are satisfied, having regard to the inconvenience the petitioner is likely to face if the proceedings were continued in the court of the District Judge at Jalpaiguri, West Bengal, which is at a distance in excess of 1600 kms from her present place of residence, that interest of justice demands grant of the prayer for transfer. 12. Hence, the transfer petition is allowed. MAT Suit No.382/2018 titled “Arvind Kumar Goyal v. Rachna. Agarwal”, pending before the court of the District Judge, Jalpaiguri, West Bengal is transferred to the court of the District Judge/Principal Family Court at Jind, Haryana. 12. Hence, the transfer petition is allowed. MAT Suit No.382/2018 titled “Arvind Kumar Goyal v. Rachna. Agarwal”, pending before the court of the District Judge, Jalpaiguri, West Bengal is transferred to the court of the District Judge/Principal Family Court at Jind, Haryana. Records of MAT Suit No.382/2018 be transferred to the transferee court immediately. 13. To avoid delay, the parties are directed to appear before the transferee court on 15th January, 2025. If any or both the parties fail to appear on that day, the presiding officer of the transferee court will fix another date of appearance. Thereafter, he shall be free to proceed in accordance with law. 14. The presiding officer shall endeavour to bring about a settlement between the parties through the process of mediation. If the process is unsuccessful, nothing shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law. 15. If the respondent is unable to attend the proceedings in person on any occasion, he will be at liberty to seek permission to attend through the virtual mode and if such a permission is sought, the presiding officer of the court may proceed to consider it reasonably. 16. Pending application(s), if any, shall stand disposed of.