Harendra Kumar Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

Harendra Kumar Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the pending maintenance case (Case No. 449 of 2023, Durgawati Vs. Harendra Kumar, under Section 125 Code of Criminal Procedure) before the Principal Judge, Family Court, Mathura should be transferred to the Principal Judge, Family Court, Aligarh on the sole ground that opposite party no. 2, a practicing lawyer, had been pressurizing the trial court.

Court's answer

The sole ground advanced for transfer does not hold: the 4th April, 2025 communication relied upon relates to the other case under Section 31 of the Protection of Women from Domestic Violence Act, 2005, which has already been transferred, and the zimni orders show the applicant-husband continuously absent from the maintenance-case proceedings. Accordingly, no ground is made out for transfer and the application is dismissed.

Ratio / Principle

The communication dated 4th April, 2025 relied on by learned counsel relates to the other case under Section 31 of the Protection of Women from Domestic Violence Act, 2005, which has already been transferred to some other court by the Chief Judicial Magistrate, Aligarh; it therefore cannot support transfer of the Section 125 maintenance case.

Key takeaways

A perusal of the zimni orders shows that in the maintenance case the applicant-husband has been continuously keeping himself away from the trial proceedings and is not appearing.ratio¶8

Detailed headnote1 paragraphs

Allahabad High Court (Manoj Bajaj, J.) | T.A.(Cr.) No. 387 of 2025 | Decided 18 August 2025 | Transfer application under Section 447 B.N.S.S., 2023 by Harendra Kumar seeking movement of Case No. 449 of 2023 (Durgawati Vs. Harendra Kumar, Section 125 Code of Criminal Procedure maintenance case) from the Principal Judge, Family Court, Mathura to the Principal Judge, Family Court, Aligarh DISMISSED. Sole ground urged was a 4th April, 2025 communication by Judicial Magistrate, Mathura (Annexure No. 3) alleging that opposite party no. 2, a practicing lawyer, was pressurizing the trial court; the court found that communication actually related to a separate case under Section 31 of the Protection of Women from Domestic Violence Act, 2005, already transferred by the Chief Judicial Magistrate, Aligarh, and that per the zimni orders the applicant-husband had been continuously absent from the maintenance-case proceedings. Held: no ground made out for transfer.

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 387 of 2025

Harendra Kumar

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Mahendra Tripathi
Counsel for Opposite Party(s)		: G.A.

Court No. - 81

HON'BLE MANOJ BAJAJ, J.

Applicant- Harendra Kumar has filed this application under Section 447 B.N.S.S., 2023 seeking transfer of Case No.449 of 2023, titled Durgawati Vs. Harendra Kumar , under Section 125 Code of Criminal Procedure, pending in the court of Principal Judge, Family Court, Mathura to Principal Judge, Family Court, Aligarh.

Learned counsel refers to the communication by Judicial Magistrate, Mathura dated 4th April, 2025 (Annexure No.3) to point out that the opposite party no.2 being a practicing Lawyer had been pressurizing the trial court, therefore, the Presiding Officer requested the Chief Judicial Magistrate, Mathura for transfer of case(s). On this sole ground, he prays for transfer of the pending proceedings before some other court of competent jurisdiction outside district Mathura.

Concededly, the communication dated 4th April, 2025 relates to the other case under Section 31 of Protection of Women from Domestic Violence Act, 2005 and the said case has already been transferred to some other court by the Chief Judicial Magistrate, Aligarh, and further a perusal of the zimni orders would show that in the maintenance case the applicant- husband has been continuously keeping himself away from the trial proceedings and is not appearing.

Thus, no ground is made out for transfer the case, and the application is dismissed.

TACR No. 387 of 2025

2

(Manoj Bajaj,J.)

August 18, 2025 Raj

Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad