Single judge allowed a criminal transfer application to shift a domestic violence case from Additional Civil Judge, Shikohabad to District Judgeship, Mainpuri, relying on Supreme Court precedents regarding convenience.
Transfer of Case No. 3547 of 2018 from Additional Civil Judge, Shikohabad to District Judgeship, Mainpuri.
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Court No. - 83
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 596 of 2023
Applicant :- Smt Pooja Opposite Party :- Pawan And 4 Others Counsel for Applicant :- Vivek Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Vivek Kumar Sharma, learned counsel for the applicant and Sri Ashwani Kumar Rai, learned learned A.G.A. for the State are present.
The present transfer application has been filed to transfer the Case No. 3547 of 2018 (Smt. Pooja Vs. Pawan and others) under Sections 3, 14, 17, 18, 19, 20, 21, 22 of Prevention of Women from Domestic Violence Act, pending in the Court of Additional Civil Judge (J.D.) Shikohabad, Firozabad to any other competent of Judgeship Mainpuri.
Learned counsel for the applicant submits that the applicant is wife of opposite party no. 1 and the marriage of the applicant was solemnized with the opposite party no. 1 on 22.04.2015. The applicant is residing in her parental house situated in District Mainpuri.
Learned counsel for the applicant has relied upon the judgment of the Supreme Court in cases of Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema Vs. Jafri Syed Husain @ Syed Parvej Jafferi, AIR 2009 SC 1773.
In view of the above facts and circumstances of the case, the present transfer application is liable to be allowed.
The instant transfer application is allowed and the Case No. 3547 of 2018 (Smt. Pooja Vs. Pawan and others) under Sections 3, 14, 17, 18, 19, 20, 21, 22 of Prevention of Women from Domestic Violence Act, pending in the Court of Additional Civil Judge (J.D.) Shikohabad, Firozabad is transferred to the court of district Judgeship Mainpuri.
Let a certified copy of this order be immediately sent to the Sessions Judge, Firozabad and Mainpuri for compliance.
Order Date :- 14.12.2023 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the transfer application filed to move a domestic violence case from Shikohabad to Mainpuri is maintainable.
Colour shows how this judgement treated each authority
Anjali Ashok Sadhwani Vs. Ashok Kishinchand SadhwaniReferred¶8
Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 · Who else cites this
Fatema Vs. Jafri Syed HusainReferred¶8
Fatema Vs. Jafri Syed Husain @ Syed Parvej Jafferi, AIR 2009 SC 1773 · Who else cites this
1 provisions across 1 enactments
Smt Pooja
Sanjay Kumar Pachori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
