This High Court allowed a transfer application to move a domestic dispute case from Jhansi to Kanpur Nagar, where related domestic violence and maintenance proceedings are pending.
The Case No. 487 of 2022 pending in Jhansi was transferred to the competent court of Kanpur Nagar Judgeship.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:191030
Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 432 of 2023
Applicant :- Smt Purnima
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Vinay Kumar Mishra
Counsel for Opposite Party :- G.A.,Phool Chandra Tripathi,Pramod Kumar Pandey,Syed Mushfiq Ali
Hon'ble Sanjay Kumar Pachori,J.
Sri Vinay Kumar Mishra, learned counsel for the applicant, Sri Phool Chandra Tripathi, learned counsel for the opposite party no.2 and Sri Moti Lal, learned A.G.A. for the State are present.
The present transfer application has been filed to transfer the Case No. 487 of 2022 (State of U.P. vs. Ravindra Kumar), under Section 498-A, 323, 504 IPC and 3/4 D.P. Act, pending in the court of Civil Judge (Jr. Dvn.)/F.T.C.(C.A.W), Jhansi to any competent court of Kanpur Nagar Judgeship.
Learned counsel for the applicant submits that the applicant is first informant and wife of opposite party no.2. It is further submitted that two other cases, i.e., Complaint Case No. 4494 of 2021 under Section 12 of Protection of Woman From Domestic Violence Act and Case No.2011 of 2021, under Section 125 Cr.P.C. are pending between the parties in the competent courts of Kanpur Nagar Judgeship.
Learned counsel for the applicant has relied upon the judgment of Anjali Ashok Sadhwani vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema vs. Jafri Syed Husain @ Syed Parvez Jafferi, AIR 2009 SC 1773.
Learned counsel for the opposite party no.2 has vehemently opposed the prayer of this application.
In view of the facts and circumstances of the case, this application is allowed.
The Case No. 487 of 2022 (State of U.P. vs. Ravindra Kumar), under Section 498-A, 323, 504 IPC and 3/4 D.P. Act, pending in the court of Civil Judge (Jr. Dvn.)/F.T.C.(C.A.W), Jhansi is transferred to competent court of Kanpur Nagar Judgeship.
Office is directed to send a certified copy of is order to Sessions Judge, Jhansi and Kanpur Nagar for necessary compliance.
Order Date :- 4.10.2023
MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
Smt Purnima
Ravindra Kumar
Sanjay Kumar Pachori
As recorded by the court registry
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