Rajkumari vs State Of U.P Thru. Pricn. Sec.(Home) And ...
2023 Latest Caselaw 35494 ALL

Allahabad High Court

Rajkumari vs State Of U.P Thru. Pricn. Sec.(Home) And ... on 16 December, 2023

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:238980
 
e-court 
 
Court No. - 83
 

 
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 478 of 2023
 

 
Applicant :- Rajkumari
 
Opposite Party :- State Of U.P Thru. Pricn. Sec.(Home) And Another
 
Counsel for Applicant :- Manish Kumar Kesarwani
 
Counsel for Opposite Party :- G.A.,Gulab Chandra
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Manish Kumar Kesarwani, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present.

The present transfer application has been filed to transfer the Case No.268 of 2021 (Raj Kumari vs. Anil Kumar), under Section 125 Cr.P.C., pending in the court of Principal Judge, Family Court Mirzapur to Principal Judge, Family Court, Allahabad.

Learned counsel for the applicant submits that the applicant is wife of opposite party no.2. It is further submitted that marriage of the applicant was solemnized with opposite party no.2 on 18.06.2018. It is further submitted that another case being Case No. 09 of 2023, under Section 12 of Protection of Women From Domestic Violence Act is pending in the Court No.7 of Allahabad Judgeship.

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.268 of 2021 (Raj Kumari vs. Anil Kumar), under Section 125 Cr.P.C., pending in the court of Principal Judge, Family Court Mirzapur is transferred to the court of Principal Judge, Family Court, Allahabad.

Let a copy of this order be sent to the Principal Judge, Family Court, Mirzapur and Allahabad for compliance.

Order Date :- 16.12.2023

MAA/-