Allahabad High Court
Neeraj Prasad vs Smt. Priya Singh on 29 April, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 564 of 2021
Applicant :- Neeraj Prasad
Opposite Party :- Smt. Priya Singh
Counsel for Applicant :- Ganga Prasad Gupta
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and Sri Mohammad Waseem, learned counsel for the opposite party.
This transfer application has been filed seeking transfer of Complaint Case No. 1374 of 2017 bearing Case No. 3044 of 1998 (Smt. Priya Singh Vs. Neeraj Prasad), under Sections 498-A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act as well as Case No. 63 of 2017 (Smt. Priya Singh Vs. Neeraj Prasad), under Section 12 of Protection of Women from Domestic Violence Act, from Additional Chief Judicial Magistrate, Court No. 2, Varanasi to District Ghaziabad.
Learned counsel for the applicant submitted that in case applicant visits to attend the court proceedings at Varanasi, there is danger to his life as family members of the opposite party/wife are influential persons, therefore, aforesaid cases may be transferred from District Varanasi to District Ghaziabad. He further submitted that in case transfer application is not allowed, applicant can lost his life.
Per contra, learned counsel for the opposite party submitted that the applicant has filed present transfer application on the ground of apprehension of threat and intention to kill him. The allegations levelled against the opposite party are not supported by any documentary evidence as complaint, application under Section 156 (3) Cr.P.C., F.I.R. etc. He further submitted that Apex Court as well as many other Courts have taken constant view that in such cases convenience of the wife has to be taken into consideration. In support of his contention, he has placed reliance upon the judgment of Apex Court, Punjab and Haryana High Court, Madras High Court and this Court in the cases of Sumita Singh Vs. Kumar Sanjay reported in 2001 LawSuit(SC) 363, Sweety Vs. Anuj Garg passed in T.A. No. 228 of 2014 decided on 11 August, 2015 and D. Kokila Vs. R. Dillibabu passed in Transfer C.M.P. No. 201 of 2016 decided on 4 October, 2016, Satyam Goyal vs. Principal Judge, Family Court Gonda and others passed in Application Nos. 93 & 119 of 2017 decided on 3.8.2018, Smt. Dipti Saxena Vs. Ashish Srivastava and another passed in Transfer Application (Civil) No. 567 of 2019 decided on 14.12.2020 and Swapnal Mishra vs. Saurabh Mishra passed in Transfer Application (Civil) Nos. 152 of 2019 & 111 of 2021 decided on 4.2.2022 respectively. Lastly, he submitted that recently this Court in the matter of Smt. Shakshi Agarwal vs. Sri Ashutosh Agarwal allowed the transfer Application filed by wife vide detailed judgment and order dated 4.2.2022 considering the different pronouncements made by the Apex Court as well as High Courts. He next submitted that this Court has allowed Transfer Application No. 402 of 2021 (Priya Singh Vs. Neeraj Prasad) vide order dated 29.04.2022 and transfer the Divorce Case No. 266 of 2018 (Neeraj Prasad Vs. Priya Singh) from Principal Judge, Family Court, Ghaziabad to Principal Judge, Family Court, Varanasi, therefore, this transfer application may be dismissed.
I have considered the submissions raised by learned counsels for the parties and perused the record. Present transfer application has been filed on the ground of apprehension of threat and danger to life. Learned counsel for the applicant could not demonstrate from any document as F.I.R., complaint etc. supporting the allegations levelled against the opposite party. He also could not dispute the factual argument raised by learned counsel for the applicant.
Accordingly, the transfer application lacks merit and is dismissed.
Order Date :- 29.4.2022
Rmk.
