Allowed

Archana Sonkar v. State of U.P. and Another

Allahabad HC22 Jul 2024TACR/317/2024

Case brief

AI extract

What is this about?

The High Court allowed a transfer application under Section 407 Cr.P.C. to move a maintenance case from Ghazipur to Varanasi. The decision was based on the wife's residence in Varanasi and her lack of family support to make the journey to Ghazipur.

What did the court decide?

Transfer of Case No. 1002 of 2020 from Principal Judge, Family Court, Ghazipur to Competent Court at Varanasi.

Archana Sonkar vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:135965

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Court No. - 86

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 317 of 2024

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Applicant :- Archana Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Yadav,Rajesh Kumar Counsel for Opposite Party :- 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 Case No. 1002 of 2020, under Section 128 CrPC, Police Station Nandganj, District Ghazipur, pending in the Court of Principal Judge, Family Court, Ghazipur to the Competent Court at Varanasi.

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Heard learned counsel for the applicant and the learned AGA. None is present for the opposite party no.2 even in the revised call.

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Learned counsel for the applicant submits that opposite party no.2 is the husband of the applicant and the marriage of the applicant was solemnized with the opposite party no.2 in the year 2012. After some time dispute arose between the parties, as the opposite party no.2 / husband and his family members started making demand of additional dowry and in this connection the applicant was ousted from her matrimonial home. Thereafter the applicant filed the application under Section 125 CrPC at Ghaziur which was decided on 18.11.2019 but no payment was made by the opposite party no.2 so far. Hence, the applicant compelled to move the aforesaid application under Section 128 CrPC before the competent Court at Ghazipur but now the applicant is residing at Varanasi and a copy of Aadhar Card has been annexed with the record in this regard. The applicant 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 / wife is residing at Varanasi. 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 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 Varanasi from the Court of Principal Judge, Family Court, Ghazipur.

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In view of above, the application is allowed .

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The Case No. 1002 of 2020, under Section 128 CrPC, Police Station Nandganj, District Ghazipur, pending in the Court of Principal Judge, Family Court, Ghazipur is transferred to the Competent Court at Varanasi. The concerned Court at Ghazipur shall ensure transmission of record to the District Judgeship Varanasi within one month from the date of receipt of this order.

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Order Date :- 23.8.2024 safi

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

Archana Sonkar v. State of U.P. and Another

Case brief

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Archana Sonkar v. State of U.P. and Another

Case brief

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