Allowed

Kavita Srivastava v. State of U.P. and Another

Allahabad HC15 Jul 2024TACR/202/2024

Case brief

AI extract

What is this about?

This single-judge bench of the Allahabad High Court allowed a transfer application under Section 407 Cr.P.C. filed by a wife seeking to move her husband's complaint case from Farrukhabad to Jaunpur. Relying on Supreme Court precedents, the court held that the wife's residence and safety concerns warranted the transfer for convenience.

What did the court decide?

Transfer of Complaint Case No. 1368 of 2022 from Judicial Magistrate Court No. 7 Farrukhabad to District Judgeship Jaunpur.

Kavita Srivastava vs State of U.P. and Another — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:112491

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 202 of 2024

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Applicant :- Kavita Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saroj Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Despite service of notice, none present for the opposite party no.2.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This transfer application under section 407 Cr.P.C. has been filed by the applicant (wife) with a prayer to allow the instant application and transfer the Complaint Case No. 1368 of 2022 (Kamlesh Versus Rajendra Kumar and Ors) under section 406 I.P.C. pending in the Court of Judicial Magistrate, Court No.7 Farrukhabad from to a competent Court in District- Jaunpur.

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Brief facts of the case are that the marriage of the applicant and opposite party no.2 was solemnized on 30.9.2009, according to Hindu rites and customs, but the family members (in-laws) as well as the opposite party no.2 were not happy with the dowry given in the marriage and were torturing and harassing the applicant in lieu of demand of additional dowry. One child was also born from their wedlock. On 18.12.2016, the applicant along with her child was ousted from her matrimonial house due to demand of additional dowry. Thereafter the applicant is living in her parental house till date. It is further submitted that the applicant had filed a case of maintenance before the Family Court, Jaunpur as case no. 2541 of 2023 under Section 125 Cr.P.C. on 30.10.2023 in which the Court has issued summon to opposite party no.2. It is submitted by the learned counsel for the applicant that the applicant is a lady and she has been deserted by her husband and in-laws. She has no source of income to maintain herself and her child and is fully dependent upon her parents. It is very difficult for her to go the District Farrukhabad for the pairvee of the case. Whenever she goes to contest the case at Farrukhabad opposite parties used to

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threaten her. On these grounds a prayer has been made to transfer the said case from Farrukhabad to district-Jaunpur.

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Per contra, learned A.G.A. could not dispute the factual aspect of the matter.

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In the matrimonial matters, the convenience of wife and in particular that she has no one in her family to escort her to undertake a long journey has been held to be good ground for transfer of case as is also evident from Hon'ble Apex Court's decision in Anjali Ashok Sadhwani vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema vs. Jafri Syed Husain @ Syed Parvez Jafferi, AIR 2009 SC 1773.

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Convenience of wife to pursue the proceedings is a relevant factor if pleaded bona fide for justifying transfer of a matter to the place where it is convenient to the wife. In the present case it not in dispute that applicant-wife is residing at Jaunpur. 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 be allowed.

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In view of the above, the present transfer application is allowed . Let the Complaint Case No. 1368 of 2022 (Kamlesh Versus Rajendra Kumar and Ors) under section 406 I.P.C. be transferred from the Court of Judicial Magistrate, Court No.7 Farrukhabad to a competent Court at District Jaunpur. The Court at Farrukhabad shall ensure transmission of record to the District Judgeship Jaunpur.

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Order Date :- 15.7.2024 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Kavita Srivastava v. State of U.P. and Another

Case brief

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Kavita Srivastava v. State of U.P. and Another

Case brief

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