Manisha vs State Of U.P. And Another
2023 Latest Caselaw 23920 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:174857
 
Court No. - 83
 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 207 of 2023
 
Applicant :- Manisha
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Jitendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Jitendra Singh, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. Despite service of notice upon opposite party no.2, none has appeared.

The present transfer application has been filed to transfer the Case No.256/11/2020 (Manisha vs. Jawahar), under Section 125 Cr.P.C., pending in the court of Principal Judge, Family Court, Basti to any competent court of Siddharth Nagar Judgeship.

Learned counsel for the applicant submits that the applicant is wife of opposite party no.2 and their marriage was solemnized on 17.04.2016. It is further submitted that one another case under Section 12 of the Protection of Woman From Domestic Violence Act is pending before the court of Chief Judicial Magistrate, Siddharth Nagar.

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 Parvez Jafferi, AIR 2009 SC 1773.

Learned counsel for the opposite party no.2 has vehemently opposed the prayer of this application.

In view of the facts and circumstances of the case, this application is allowed.

The Case No.256/11/2020 (Manisha vs. Jawahar), under Section 125 Cr.P.C., pending in the court of Principal Judge, Family Court, Basti is transferred to the competent court of Siddharth Nagar Judgeship

Order Date :- 29.8.2023/-MAA/-