Allowed

Smt. Savita Pandey @ Savita Shukla v. State of U.P. Thru. Secy. Home Lko. and Another

Allahabad HC17 Dec 2024TACR/95/2024

Case brief

AI extract

What is this about?

This single judge bench allowed a transfer application. The additional charge judicial magistrate court in Lucknow, where a criminal case under IPC sections 504 and 506 was pending, was transferred to the trial court of District Faizabad/Ayodhya based on the applicant wife's residence.

What did the court decide?

Transfer of Complaint Case No. 113/2016 from Additional Chief Judicial Magistrate, CBI (A.P.), Lucknow to the trial court of District Faizabad/Ayodhya.

Smt. Savita Pandey @ Savita Shukla Vs State of U.P… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:85038

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Court No. - 13

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 95 of 2024 Applicant :- Smt. Savita Pandey @ Savita Shukla Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Arjun Singh Somvanshi Counsel for Opposite Party :- G.A.,Prashant Srivastava,Sudhir Upadhyay

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Hon'ble Rajeev Singh,J.

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

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The present application has been filed with the prayer to transfer the Complaint Case No. 113/2016 (Satish Kumar Pandey Versus Smt. Savita Pandey and others) under sections 504, 506 IPC relating to Police Station Para, District Lucknow, pending before the Additional Chief Judicial Magistrate, CBI (A.P.) Lucknow to the competent court of the District Faizabad/Ayodhya.

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Learned counsel for the applicant submitted that the trial of case in question is going on in the court of ACJM, CBI (AP), Lucknow. As the applicant is residing in Ayodhya, therefore, considering the convenience of applicant, trial of case in question may be transferred from Lucknow to Ayodhya. In support of his submissions, he relied on the decisions of Hon'ble Apex Court in the cases of Sumita Singh Vs. Kumar Sanjay reported in (2001) 10 SCC 41 and Fatema Vs. Jafri Syed Hussain reported in 2009 (17) SCC 401 and submitted that convenience of lady is prior consideration in the matrimonial dispute, therefore, kind indulgence of this Court is necessary.

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Learned counsel for the private respondent vehemently opposed to the prayer of applicant but he does not dispute this fact that it is well settled by the Hon'able Apex Court that in the case of matrimonial dispute, convenience of lady is prior consideration.

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Considering the submission of learned counsel for the parties, going through the contents of application, judgment relied upon the learned counsel for the applicant as well as other relevant documents, as it is well settled by the Hon'ble

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Apex Court that criminal trial of matrimonial case would be conducted on the choice of the lady.

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Accordingly, the present application is hereby allowed and complaint Case No. 113/2016 (Satish Kumar Pandey Versus Smt. Savita Pandey and others) under sections 504, 506 IPC relating to Police Station Para, District Lucknow, pending before the Additional Chief Judicial Magistrate, CBI (A.P.) Lucknow is hereby transferred to the trial court of District Faizabad/Ayodhya.

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Order Date :- 17.12.2024 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Savita Pandey @ Savita Shukla v. State of U.P. Thru. Secy. Home Lko. and Another

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Smt. Savita Pandey @ Savita Shukla v. State of U.P. Thru. Secy. Home Lko. and Another

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