Allowed

Smt Vandana Devi and Another v. State of Up and Another

Allahabad HC2 Jul 2024TACR/255/2024

Case brief

AI extract

What is this about?

The application seeking transfer of a maintenance case under Section 125 CrPC from Deoria to Kushinagar was allowed. The court held that the wife's residence at Kushinagar and her lack of family support for long journeys constituted a sufficient ground for transfer in the interest of justice.

What did the court decide?

Maintenance Case No. 166 of 2020 pending in Deoria transferred to the Competent Court at Kushinagar with an instruction to transmit the record.

Smt Vandana Devi and Another vs State of Up and… — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:126513

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 255 of 2024

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Applicant :- Smt Vandana Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Singh,Yogendra Yadav Counsel for Opposite Party :- Anand Kumar Chaurasia,Ashish Kumar Mishra,G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This is an application filed under Section 407 Cr.P.C. seeking transfer of Maintenance Case No. 166 of 2020, under Section 125 CrPC, pending in the Court of Principal Judge, Family Court, Deoria to the Competent Court at Kushi Nagar.

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Heard learned counsel for the applicants and the learned AGA.

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Learned counsel for the applicant submits that opposite party no.2 is the husband of the applicant no.1 and the marriage of the applicant no.1 was solemnized with the opposite party no.2 on 20.4.2018. One female child born-out from their wedlock. After some time dispute arose between the parties, as the opposite party no.2 / husband and his family members started demand of additional dowry and in this connection she was subjected to cruelty and harassment and ultimately she was ousted from her matrimonial home. Thereafter, the applicant no.1 alongwith her female child is living with her parents at Kushinagar. The applicant no.1 has no source of income and she is fully dependent upon her parents. No one is to escort her for long journey.

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Learned AGA opposed the prayer.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record carefully.

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In the present case it not in dispute that applicant no.1 / wife is residing at Kushinagar. 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 Apex

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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 . Looking to the facts of the case, as stated above, I am of the view that it is in interest of justice that the instant transfer application should be allowed and the aforesaid case be transferred to the Competent Court at Kushinagr from the Court of Principal Judge, Family Court, Deoria.

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In view of above, the application is allowed .

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The Maintenance Case No. 166 of 2020, under Section 125 CrPC, pending in the Court of Principal Judge, Family Court, Deoria is transferred to the Competent Court at Kushinagar. The Court at Deoria shall ensure transmission of record to the District Judgeship Kushinagar within one month from the date of receipt of this order.

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Order Date :- 6.8.2024 safi

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Smt Vandana Devi and Another v. State of Up and Another

Case brief

What is this about?

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Smt Vandana Devi and Another v. State of Up and Another

Case brief

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