Application under Section 407 Cr.P.C. for transfer of a domestic violence case filed by wife against husband from Jalaun to Prayagraj was rejected. Court held that convenience of the wife, who resides in Jalaun and lacks means, outweighs the husband's travel difficulties. Transfer application rejected.
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Neutral Citation No. - 2024:AHC:179798
Court No. - 82
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 154 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.
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.
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
2 issues framed by the court
Whether convenience of the wife outweighs the convenience of the husband in transferring a matrimonial case?
Whether hardship to the applicant warrants transfer of the case from Jalaun to Prayagraj?
Colour shows how this judgement treated each authority
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2 provisions across 2 enactments
Amit Kumar
State of U.P.
Smt. Brijesh Kumari @ Gudiya
Nalin Kumar Srivastava
As recorded by the court registry
4 orders share this CNR
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