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2025 DAILYLAW 107471 (ALL)

RAM SHANKAR PRAJAPTI v. SMT JYOTI KUMARI AND ANOTHER

TACR/712/2024 · 2025-08-11

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136706 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 712 of 2024 Applicant :- Ram Shankar Prajapti Opposite Party :- Smt Jyoti Kumari And Another Counsel for Applicant :- Kamal Singh,Man Bahadur Singh Counsel for Opposite Party :- Dinesh Kumar Maurya,Ram Raj Prajapati Hon'ble Manoj Bajaj,J. Applicant-Ram Shankar Prajapti has filed this petition under Section 407 Code of Criminal Procedure for transfer of Maintenance Case No. 1242 of 2024; titled Smt. Jyoti Kumari and another vs. Ram Shankar Prajapati, under Section 125 Cr.P.C., pending before Principal Judge, Family Court, Kanpur Nagar to any other court of competent jurisdiction at District Kaushambi or District Fatehpur. Learned counsel for the applicant has argued that the applicant is presently posted as a teacher in a Primary School at District Kaushambi, and because of his official duties, it is difficult for him to contest the case of maintenance filed by his wife under Section 125 Cr.P.C. He prays for transfer of the subject case. After hearing the learned counsel and considering his submissions, this Court finds that the sole ground raised for transfer of the case is without any merit, as considering the nature of the pending case, the appearance of the applicant-husband on each and every date of hearing is not necessary. The applicant on the date of hearing, when his appearance is necessary, can make the appropriate adjustment to participate in the proceedings. Resultantly, the application fails and is hereby dismissed. Order Date :- 12.8.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad