Dismissed¶12

Shivdutt Alias Shiva v. State of U.P. and Another

Allahabad HC27 Apr 2025TACR/617/2024

Case brief

AI extract

What is this about?

Allahabad High Court (Manoj Bajaj, J.) dismisses transfer application under Section 407 Cr.P.C. seeking transfer of Section 125 Cr.P.C. maintenance case from Family Court, Shahjahanpur; ground of bias based on alleged whitener in interim maintenance order of Rs. 5,000/- rejected as the order was not placed on record; alternative remedy of challenging the order noted; interim maintenance claims of Rs. 15,000/- and Rs. 20,000/- per month; costs of Rs. 1,000/- imposed on 8th April, 2024.

What did the court decide?

The order granting maintenance of Rs. 5,000/- to the wife, on which the bias allegation rests, was not placed on record. ¶9

Shivdutt Alias Shiva Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:65225

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Court No. - 77

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Case :- TRANSFER APPLICATION (CRIMINAL) No. - 617 of 2024

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Applicant :- Shivdutt Alias Shiva Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Tripathi,Shashikant Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Manoj Bajaj,J.

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Applicant-Shivdutt Alias Shiva has filed this application under Section 407 Code of Criminal Procedure for transfer of Criminal Case No. 38 of 2023; titled Sarita vs. Shiva @ Shivdutt, under Section 125 Cr.P.C., Police Station Sadar Bazar, District Shahjahanpur pending before Principal Judge, Family Court, Shahjahanpur to any other court of competent jurisdiction in the same district.

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When the case is called, no one has appeared on behalf of the applicant.

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Applicant-husband seeks transfer of the maintenance case under Section 125 Cr.P.C. on the ground that two applications dated 20th December, 2023 were filed by wife to claim interim maintenance of Rs. 15,000/- per month and Rs. 20,000/- per month, respectively, wherein the two responses were filed on 9th February, 2024 and 12th August, 2024 by the applicant. As per pleadings, on 8th April, 2024, the matter was adjourned by imposing costs of Rs. 1,000/- as no one had appeared on behalf of the husband, and later, interim maintenance of Rs. 5,000/was granted to the wife, and the said order would show the use of whitener. Thus, raising the ground of bias, the applicant prays for transfer of the case.

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Though, as per pleadings, on 8th April, 2024, the case was adjourned by imposing costs of Rs. 1,000/-, and the said order is placed on record as Annexure No. 4, and the same was passed upon an application moved by the applicant, but the other order granting maintenance of Rs. 5,000/- to the wife has not been placed on record.

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Consequently, the sole ground raised for transfer of the case is not worth acceptance.

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Even otherwise, the said order can be challenged by the

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applicant, therefore, no case is made out for transfer of the case. The application is dismissed.

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Order Date :- 28.4.2025 Brijesh

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