Husband sought transfer of a pending dowry/cruelty criminal case from Orai to Prayagraj citing distance, threats and family hardship. The court held that the wife resides at Orai with no means of livelihood, and the convenience of the wife prevails in matrimonial disputes.
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. - 2024:AHC:179639
Court No. - 82
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 131 of 2024
Applicant :- Amit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Singh Yadav,Rohit Kumar Singh Counsel for Opposite Party :- G.A.,Manu Sharma
Hon'ble Nalin Kumar Srivastava,J.
at Orai. The present applicant resides at Prayagraj. He is the accused in the said case and it is very difficult for him to visit District Jalaun for the pairvee of the said case. It is further submitted that two other cases relating to the matrimonial dispute filed by the opposite party no.2 are pending before the competent court at Jalaun at Orai. It is also submitted that the trial in the case under reference has not yet started and since the father of opposite party no.2 works in the Police Department that is why he is continuously pressurizing the applicant. It is further submitted that the mother of the applicant is seriously ill and suffering from heart disease and his father was posted at Kaushambi and now at Pratapgarh and all have been implicated as accused persons in the case under reference and the mother of the applicant is unable to move even on her own accord. It is further submitted that District Jalaun is too far from District Prayagraj and whenever the applicant uses to go to Jalaun at Orai, he has to face continuous threats from the opposite party no.2 and her associates. Applicant apprehends threat to his life.
in law that convenience of wife is to be looked into in case of dispute between the husband and wife. Therefore, considering the hardships which are being faced by the opposite party no.2 - wife and looking to the facts of the case, as stated above, I am of the view that it is in the interest of justice that the instant transfer application should not be allowed.
Order Date :- 14.11.2024 ss
Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether a criminal case arising from matrimonial/dowry allegations should be transferred from Jalaun at Orai to Prayagraj on the ground of the accused-husband's inconvenience.
Colour shows how this judgement treated each authority
Anjali Ashok Sadhwani vs. Ashok Kishinchand SadhwaniRelied on¶6
AIR 2009 SC 1374 · Who else cites this
Fatema vs. Jafri Syed Husain @ Syed Parvez JafferiRelied on¶6
AIR 2009 SC 1773 · Who else cites this
1 provisions across 1 enactments
Amit Kumar
Nalin Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
