A wife sought transfer of her pending maintenance case from Family Court No.3, Agra on grounds of adverse orders and delay. Finding no cogent ground, the High Court rejected the transfer application but directed the court concerned to decide the maintenance case expeditiously, preferably within six months.
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Neutral Citation No. - 2024:AHC:116592
Court No. - 86
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 337 of 2024
Applicant :- Smt. Rati Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
taken by the Principal Judge in the impugned order are cogent and based on the perusal of the record. It is also submitted that the applicant herself is not cooperating with the court concerned and that is why adverse order was passed against her, but subsequently she was given opportunity to participate in the proceedings of the case on the cost of meager amount of Rs.20/- only. It is further submitted that the opposite party no.2, the husband is ready and willing to pay the entire amount of maintenance and as a matter of fact, he has already paid sumptuous amount in this regard. It is also submitted that the opposite party no.2 is cooperating with the trial court and is appearing before the court concerned.
Order Date :- 22.7.2024 ss
Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Should a section 125 Cr.P.C. maintenance case pending before Family Court No.3, Agra be transferred to another Family Court at Agra?
Whether the case under section 125 Cr.P.C. should be decided expeditiously within a stipulated period?
2 provisions across 2 enactments
Smt. Rati Sharma
State of U.P.
Opposite Party No. 2 (husband of applicant)
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
