Dismissed

Smt. Divya Sharma v. State of U.P. and Another

Allahabad HC14 Dec 2023TACR/541/2023

Case brief

AI extract

What is this about?

This order deals with a criminal transfer application seeking to move a maintenance case from Aligarh to Agra. The court observed that the petitioner had previously filed transfer petitions for the same cause of action which were rejected, and she appeared to be using such petitions as a tool to harass her husband.

What did the court decide?

The transfer application is dismissed. The case remains pending in the Principal Judge Family Court, Aligarh.

Smt. Divya Sharma Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 83

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 541 of 2023

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Applicant :- Smt. Divya Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lovekush Kumar Mishra Counsel for Opposite Party :- G.A.,Manoj Kumar Srivastava

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Hon'ble Sanjay Kumar Pachori,J.

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Supplementary affidavit filed today by learned counsel for the applicant, which is taken on record.

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Sri Lovekush Kumar Mishra, learned counsel for the applicant, Sri Manoj Kumar Srivastava, learned counsel for the opposite party no. 2 and Sri Ashish Kumar Srivastava, learned A.G.A. for the State are present.

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The present transfer application has been filed to transfer the Case No. 1599 of 2021 (Smt. Divya Sharma Vs. Prashant Kumar) under Section 125 of Cr.P.C., pending in the Court of Principal Judge Family Court, Aligarh to any court of Principal Judge Family Court, Agra.

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Learned counsel for the applicant submits that the applicant is wife of the opposite party no. 2 and the marriage of the applicant was solemnized with the opposite party no. 2 on 25.11.2020. The applicant is residing in her matrimonial house at Agra and she could not aware about any court proceeding instituted by her husband against her.

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On 18.04.2023 and 03.05.2023, the applicant moved applications before the Principal Judge Family Court, Aligarh for granting time to transfer the case, which have been rejected. The opposite party no. 2 threatened her with dire consequences.

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Learned counsel for the opposite party no. 2 submits that the applicant has filed a Transfer Application (Civil) No. 471 of 2023 with regard to transfer of Case No. 376 of 2021 (Prashant Kumar Sharma Vs. Smt. Divya Sharma), under Section 11 of the Hindu Marriage Act, which is pending in the court of Principal Judge Family Court, Aligarh, has been rejected by the Coordinate Bench of this Court in Transfer Application (Civil) No. 471 of 2023 on 29.11.2023, after observing that applicant use the transfer petition

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as a tool to harass the husband.

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It is further submitted that that the applicant solemnized second marriage with the opposite party no. 2 without any divorce of her first husband. It is further submitted that the applicant is Assistant Professor in Saanskirt University, Aligarh.

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In view of the above facts and circumstances of the case, the present transfer application has no merit and deserves to be dismissed.

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The present transfer application is dismissed accordingly.

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Order Date :- 14.12.2023 Ishan

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Smt. Divya Sharma v. State of U.P. and Another

Case brief

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Smt. Divya Sharma v. State of U.P. and Another

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