Smt Anjali Sonkar Vs Vinod Sonkar

Neutral Citation No. - 2025:AHC:134514

Court No. - 53

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 592 of 2024

Applicant :- Smt Anjali Sonkar Opposite Party :- Vinod Sonkar Counsel for Applicant :- Avnish Kumar Shukla,Vivek Kumar Pandey

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Hon'ble Ram Manohar Narayan Mishra,J.

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Heard learned counsel for the applicant and leaned A.G.A. for the State-respondent.

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As per office report, notice has reportedly been served upon respondent No.2, which is based on communication received from CJM, Varanasi, dated 11.11.2024.

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None appeared on behalf of opposite party No.2, as yet to contest the present transfer application.

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Learned counsel for the applicant submitted that applicant has filed a case under Section 125 Cr.P.C., before the Principal Judge, Family Court, Varanasi vide Application dated 23.04.2022. The applicant has also filed order sheet of court below. The Family Court, Varanasi proceed exparte against the opposite party No.2 in view of his non-appearance despite service of process. The opposite party has presently appeared and has filed Recall Application to set-aside exparte proceeding. The exparte evidence of PW-1 has already been recorded.

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Learned counsel for the applicant further submitted that applicant having been turned out from her matrimonial home situated at Mohalla Bhadaini, Police Station Bhelupur, District Varanasi. She had to take shelter in a parental home, which is situated at village and post Babhni Hethar, Police Station Manda, Meja, District Prayagraj. The applicant has to bear much hardship to travel all around from her native place i.e. Prayagraj to District Varanasi to prosecute her case. Even, the village of the applicant is around 65 Kms. away from District Head Quarter Prayagraj, and thereafter she had to travel around 130 Km. to reach the District Court, Varanasi to pursue her case. The applicant is also suffering from financial constraints, as her husband has deserted her and

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neglected to pay any maintenance to her. Her father is also suffering from old age related ailments.

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Therefore, it would be in the interest of justice and in fitness of things to transfer her maintenance case from Family Court, Varanasi to equivalent court in District, Prayagraj.

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Learned A.G.A. does not dispute the contention made by learned counsel for the applicant.

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This Court in Transfer Application (Criminal) No.325 of 2014 in Smt. Shahana Malik and four others Vs. State of U.P. and another vide order dated 17.10.2014 held that in the matrimonial matters the convenience of wife and in particular that there is 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.

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Convenience of wife to pursue the proceedings is a relevant factor if pleaded bona fide for justifying transfer of a matter to the place where it is convenient to the wife.

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The grounds for transfer of the case, mentioned in the application, are uncontroverted to the affidavit. It is not in dispute that applicant-wife is presently residing at her parental house in District Prayagraj. Therefore, I am of the view that it is in the interest of justice, the instant transfer application is allowed .

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Let the application under Section 125 Cr.P.C. registered as Maintenance Case No. 464 of 2022 (Anjali Vs. Vinod) P.S. Bhelupur, District Varanasi, pending before the Court of Principal Judge, Family Court,Varanasi be transferred to equivalent Family Court, Prayagraj.

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Let copy of this order be forwarded to Principal Judge, Family Court, Varanasi for necessary compliance under intimation to opposite party No.2.

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Order Date :- 8.8.2025 Ashish/-

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

Smt Anjali Sonkar v. Vinod Sonkar

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