HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 761 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicants, learned counsel for opposite party no. 2 and learned AGA for the State. 2. The present transfer application has been filed with the prayer to transfer the proceedings of Complaint Case No. 103595 of 2023 (Suman Seth Versus Amrita Gupta and others), under Sections-323 and 504 IPC, Police Station- Pheelkhana, district-Kanpur Nagar, pending in the Court of Additional Civil Judge (Junior Division), Court No. 1, Kanpur Nagar to any other competent Court at Lucknow. 2. Learned counsel for the applicant states that the present litigation is the outcome of matrimonial dispute between the parties. Three cases filed by applicant No. 1 are pending at district Court, Lucknow, i. e. one case under Section 498A, 323, 504, 506 IPC and Sections-3/4 of D. P. Act; another case for maintenance under Section 125 CrPC, bearing Case No. 1584 of 2023; and the third one under Section 12 of Domestic Violence Act, bearing Case No. 4299 of 2023. All the three cases are pending adjudication in the respective Courts of competent jurisdiction at District Court, Lucknow and are proceeding in accordance with law. It is further submitted that the present complaint case filed by opposite party no. 2 is pending at Kanpur Nagar. The applicant is facing hardship in pursuing the cases at two places, inasmuch as one case has been filed by the husband of applicant, who is son of opposite party no. 2, under Section 13 of Hindu Marriage Act and present complaint case has been filed by the mother-in-law of the applicant, bearing No. 103595 of 2023 (Suman Seth Versus Amrita Gupta) and the applicant is Versus Counsel for Applicant(s) : Ajay Singh, Hitesh Kumar Mishra Counsel for Opposite Party(s) : Anil Kumar Pathak, G.A. Amrita Gupta And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) one of the respondents in the said complaint case, which has been filed at the behest of the mother-in-law of the applicant. 3. On the other hand, learned counsel for opposite party no. 2 states that the applicant is a qualified lady and has completed Masters in Computer Application (MCA) and is capable of earning her livelihood. Earlier, she was working somewhere and was earning but as of now, her status of earning livelihood is not known to the respondents. Learned counsel for opposite party no. 2 states that the complaint has been filed by the mother-in-law of the applicant, who is an old lady and is not capable of moving from Kanpur Nagar to Lucknow on account of her old age, though the distance is barely 80-90 Kms, if transferred to a competent Court at district Lucknow. 4. As per record, three cases filed by the applicant against her in-laws are pending adjudication in district Court at Lucknow and conversely, a complaint, filed by mother-in-law of the applicant at district Court at Kanpur Nagar, and another petition, which has been filed by the husband of the applicant under Section 13 of Hindu Marriage Act, are pending adjudication at district Court at Kanpur Nagar. 5. It is crystal clear that most of the cases filed by applicant no. 1, are pending at Lucknow and the present complaint case, transfer whereof has been sought, has been filed by the opposite party no. 2, who is mother-in-law of the applicant as per her convenience and choice, invoking the jurisdiction of district Court at Kanpur Nagar, for which the applicant cannot be found at fault, but the applicant has to travel from Lucknow to Kanpur Nagar just to pursue the complaint case, defending the same at district Court Kanpur Nagar, tilt of convenience is in favour of the applicant. It has also been submitted by learned counsel for the applicant that so far as petition under Section 13 of Hindu Marriage Act is concerned, a separate transfer application, being Transfer Application No. 648 of 2024, has been filed before this Court and is pending. 6. Having considered the rival contentions and totality of the circumstances, it would be appropriate that since three cases between the parties, are already pending at Lucknow, the present complaint case may also be transferred to Lucknow for the reason that charge in the complaint case has yet not been framed and the trial is likely to commence in near future, the instant transfer TACR No. 761 of 2024 2 application moved by the applicant is allowed. The instant complaint case, bearing Complaint Case No. 103595 of 2023 (Suman Seth Versus Amrita Gupta and others), under Sections-323 and 504 IPC, Police Station- Pheelkhana, district-Kanpur Nagar, pending in the Court of Additional Civil Judge (Junior Division), Court No. 1, Kanpur Nagar be transferred to a Court of competent jurisdiction at Lucknow. September 8, 2025 HR TACR No. 761 of 2024 3 (Harvir Singh,J.) Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad