Suman Singh And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 20293 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:154352
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 352 of 2023
 

 
Applicant :- Suman Singh And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Bharti Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Ms. Bharti Mishra, learned counsel for the applicants and Shri Anil Mishra, learned A.G.A. for the State are present. Despite service of notice upon opposite party No. 2, none appears on his behalf.

Present Transfer Application has been filed to transfer the criminal case No. 870 of 2022 (Suman Singh Vs. Manoj Kumar) under Section 125, Cr.P.C, pending in the court of Principal Judge, Family Court, Azamgarh to the court of Principal Judge, Family Court, Jaunpur.

Learned counsel for the applicant submits that the applicant No. 1 is wife of opposite party No. 2 and applicant Nos. 2 & 3 are children of applicant No. 1. It is further submitted that the marriage of the applicant No. 1 with the opposite party No. 2 was solemnized on 20.6.2007. It is further submitted that on 12.5.2022, opposite party No. 2 has solemnized second marriage with another girl.

Learned counsel for the applicant has relied upon the judgment of Anjali Ashok Sadhwani Vs. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374 and Fatema Vs. Jafri Syed Husain @ Syed Parvej Jafferi, AIR 2009 SC 1773.

In view of the above facts and circumstances of the case, the present transfer application is liable to be allowed.

The instant transfer application is allowed and the criminal case No. 870 of 2022 (Suman Singh Vs. Manoj Kumar) under Section 125, Cr.P.C, pending in the court of Principal Judge, Family Court, Azamgarh is transferred to the court of Principal Judge, Family Court, Jaunpur.

Order Date :- 2.8.2023

T. Sinha