Ankita Verma vs State of U.P. thru Principal Sec. Civil Secretariate and another

"1. Case called out. No one appeared on behalf of the side opposite to oppose this application. However, learned counsel for the applicant and learned AGA are present before this Court.

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2. In the interest of justice, the case is adjourned today.

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3. List/put up this case in the next week within top ten cases.

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4. It is made clear that on the next dates of listing, the case would not be adjourned on account of non-appearance of learned counsel for the parties and appropriate orders would be passed in the first call even in absence of parties' counsel."

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Today, when the case called out, no one appeared on behalf of opposite party No. 2 to oppose the present application.

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3. Heard.

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Present application has been filed for the following main relief:-

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"That for the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to transfer Maintenance Petiton under section 144 of B.N.S.S bearing cri. Misc. case no. 18 of 2025 (Sanjay Kumar Versus Ankita Verma), from the court of learned Principal Judge, Family Court, Ambedkar Nagar to the court of learned Principal Judge, Family Court, Allahabad, for fair and impartial trial of the case, in the interest of justice."

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Present application seeking transfer of the case in issue has been filed on the following fact(s)/reason(s):-

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TACR No. 70 of 2025

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2

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(i) The applicant is working as IVth Class Employee in this Court at Allahabad now Prayagraj.

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(ii) The marriage of the applicant was solemnized with the opposite party No.2 on 24.11.2020.

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(iii) Out of wedlock of applicant and opposite party No.2, a girl child was born on 22.03.2022, who is living with the applicant at Allahabad now Prayagraj.

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(iv) The opposite party No. 2 is a practicing Advocate, who has filed the case in issue in retaliation of the case(s) filed by the applicant, including the Maintenance Case No. 22 of 2025 under Section 144 of BNSS, 2023 at Allahabad now Prayagraj.

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(v) The other case arises out of Case Crime/FIR No. 0029 of 2025 under Sections 85, 115(2), 316(2), 351(2) BNS and Section 3/4 of D.P. Act, P.S.-Mahila Thana, DistrictPrayagraj, is also pending at Prayagraj.

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It is submitted that it is very difficult for the applicant to attend the proceedings of the case in issue at District-Amebdkar Nagar, which is about 400 Km away from the District-Prayagraj alongwith minor and the opposite party No.2 is under obligation to attend the cases pending at Prayagraj. Prayer is to transfer the case from the district Ambedkar Nagar to the district Prayagraj.

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Considered the aforesaid and perused the record.

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Upon due consideration of aforesaid, this Court is of the view that the case in issue is liable to be transferred.

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Accordingly, the application is allowed.

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The Maintenance Petition under Section 144 BNSS, 2023, bearing Criminal Misc. Case No. 18 of 2025 (Sanjay Kumar vs. Ankita Verma) is hereby transferred from the Court of Principal Judge, Family Court, Ambedkar Nagar to the Court of Principal Judge, Family Court, Allahabad/Prayagraj. Court concerned at Ambedkar Nagar is directed to transmit the paper book/file of the case in issue to Court concerned at Prayagraj forthwith.

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Office is directed to communicate this order to the Court concerned for necessary compliance.

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November 14, 2025

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Vinay/-

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(Saurabh Lavania,J.)

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ankita Verma v. State of U.P. thru Principal Sec. Civil Secretariate and another

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Ankita Verma v. State of U.P. thru Principal Sec. Civil Secretariate and another

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