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HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 666 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the opposite party no. 2 and perused the material on record. 2. The present application has been filed with a prayer to transfer the proceeding of Maintenance Petition No. 185 of 2021 (Deepika Vs. Vijay), under Section 125 Cr.P.C., Police Station Tarkulva, District Deoria from the court of Additional Principal Judge, Family Court, Deoria to any other competent court in district Mirzapaur. 3. The present transfer application has been filed on the ground that the distance from Deoria to Mirzapur is about 275 Km. and the applicant is unable to travel such a long distance for attending the court in various dates. The second ground has been taken is that of financial constrains, the applicant has little source of income, and therefore, he is unable to bear traveling expenses from Mirzapur to Deoria. No other ground has been taken by the learned counsel for the applicant, for seeking transfer of the case from Deoria to Mirzapur. 4. On the other hand, learned counsel appearing for the opposite party no. 2 states that, a mere distance, which is not about 275 kilometers but a 230 kilometer is not a ground to seek transfer of the case from Deoria to Mirzapur. As the applicant by his own choice and free will got married himself at Deoria. Learned counsel for the opposite party no. 2 further states that, mere convenience/in convenience cannot be a ground to seek transfer of Versus Counsel for Applicant(s) : Meenendra Tripathi, Prashant Kumar Pandey Counsel for Opposite Party(s) : G.A., Vijay Kumar Dubey Vijay Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
the case from one district to another district. 5. Having regard to the submissions made by learned counsel for the respective parties, the grounds taken by the applicant that a mere distance of about 275 kilometers between Deoria and Mirzapur is not sufficient, and having financial constrains is not sufficient to transfer the case from district court Deoria to district court Mirzapur. As both the parties faces hardship once ad-litem among themselves, therefore, both have to face the consequences.
It is settled law that mere financial hardship for traveling a distance is not a ground to transfer the case from one district to another district. Therefore, the present transfer application is liable to be dismissed. 6. The transfer application lacks merits and is accordingly dismissed. September 8, 2025 Vikram TACR No. 666 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad