Allowed

Smt. Manali Agrawal v. State of U.P. and Another

Allahabad HC23 Mar 2022TACR/15/2020

Case brief

AI extract

What is this about?

The High Court allowed a transfer application filed by a wife to move a criminal trial from Muzaffar Nagar to Hapur. The court recognized the matrimonial nature of the dispute and the hardship faced by the applicant due to the distance between her residence and the trial court, noting the non-opposition of the State.

What did the court decide?

Transfer of Session Trial No. 1431 of 2019 from District Court, Muzaffar Nagar to District Judge, Hapur.

Smt. Manali Agrawal Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2022)

¶1

Court No. - 89 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 15 of 2020 Applicant :- Smt. Manali Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.,Atul Kumar

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Hon'ble Anil Kumar Ojha,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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None present on behalf of the opposite party no. 2., despite service of notice.

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Applicant has filed this transfer application to transfer in Session Trial No. 1431 of 2019 arising out of Case Crime No. 0219 of 2019, under sections 377, 323, 504, 506 IPC, P.S. Civil Lines District Muzaffar Nagar from the District Court Muzafar Nagar to the competent Court at District Hapur.

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It is submitted by the learned counsel for the applicant that the case sought to be transferred is related to matrimonial dispute. The applicant is wife of opposite party no. 2. Applicant is residing at her parental house at Hapur and the distance of Muzaffar Nagar is more than 150 Kilometer from District Hapur due to which the applicant faces hardship in trial at District Court Muzaffar Nagar. The opposite party no. 2 pressurized the applicant and committed marpeet. Further submitted that opposite party no. 2 misbehaved with her, therefore, the applicant had given several applications to S.S.P., Muzaffar Nagar but no action has been taken against opposite party no. 2.

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Learned A.G.A. for the State did not oppose the prayer of the Transfer Application.

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Keeping in view of the facts of the case particularly the fact that the applicant is wife of the opposite party no. 2 and convenience of wife is a relevant consideration in transfer applications relating to matrimonial disputes, therefore, it would be appropriate to transfer the case of applicant from District Muzaffar Nagar to District Hapur.

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Accordingly, this Transfer Application is allowed .

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District judge, Muzaffar Nagar is direct to transfer the records of aforesaid case to District Judge, Hapur, who shall assign the same to Court of competent jurisdiction.

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Office is directed to communicate this order to the District Judge Muzaffar Nagar and District judge, Hapur, through Fax or E-mail to ensure compliance.

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Order Date :- 23.3.2022/Neetu

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Digitally signed by NEETU SINGH Date: 2022.03.25 16:50:00 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Manali Agrawal v. State of U.P. and Another

Case brief

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Smt. Manali Agrawal v. State of U.P. and Another

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