Neutral Citation No. - 2025:AHC:47940 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 711 of 2024 Applicant :- Priyanka Tripathi Opposite Party :- Ashutosh Shukla Counsel for Applicant :- Somnath Bhattacharya,Sonu Kushwaha,Suraj Pandey Counsel for Opposite Party :- Prabhav Srivastava Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. seeking transfer of Case No. 36476 of 2023, titled Priyanka Tripathi Vs. Ashutosh Shukla, under Section 12 Protection of Women from Domestic Violence Act, 2005, pending before the Civil Judge (J.D.), FTC, Gorakhpur to District Prayagraj. Learned counsel for applicant has argued that the applicant has filed two cases against the opposite party-husband at Gorakhpur i.e. divorce petition under Section 13 Hindu Marriage Act, 1955 and the case under Protection of Women from Domestic Violence Act, 2005. Learned counsel submits that the above two cases were filed in the year 2023 and the divorce petition has been dismissed in default whereas other case is still pending for adjudication. Learned counsel submits that the applicant is pursuing her M.A. at Prayagraj, whereas the husband has also filed a petition under Section 9 Hindu Marriage Act, 1955 at Deoria seeking restitution of conjugal rights. Learned cousnel submits that the applicant is unable to attend the court proceedings because of the threats extended to her by her husband, therefore, it would be in the interest of justice, if, the subject case pending at Gorakhpur is transferred to Prayagraj, as it would be convenient to the applicant to pursue the said case. During the course of hearing, it is not disputed by learned counsel for the applicant that the marriage between the parties was solemnized on 7.6.2010 and the litigation between them started in the year 2023. The allegations of threat have not been substantiated with any material, whereas the husband-opposite party is still ready and willing to keep his wife. In this regard, learned counsel for the husband-opposite party states that the petition seeking restitution of conjugal rights filed by the husband is also pending at Deoria. That apart, the convenience of applicant cannot be a ground for transfer of case, therefore, this Court is not inclined to exercise the jurisdiction under Section 407 of Cr.P.C. The application is dismissed. Order Date :- 4.4.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad