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2025 DAILYLAW 110555 (ALL)

PRITAM DASS v. STATE OF U.P. AND 3 OTHERS

TACR/768/2024 · 2025-04-03

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47888 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 768 of 2024 Applicant :- Pritam Dass Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Naghma Qadir,Vandeep Nath Counsel for Opposite Party :- Anuj Agarwal,G.A.,Harsh Vardhan Deshwar Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S. seeking transfer of Case No. 918 of 2024, titled Smt. Deepshikha Singh and others Vs. Preetam Das, under Section 144 B.N.S.S., pending before the Principal Judge, Family Court, Mathura to the court of competent jurisdiction at Gautam Budh Nagar.. Learned counsel for applicant has argued that the opposite party no.2-wife has filed maintenance case against the applicant at Mathura whereas two other cases i.e. divorce petition, under Section 13 Hindu Marriage Act, 1955 and the petition under Section 7/8/25 Guardian and Wards Act, 1890 seeking custody of the minor children filed by husband-applicant are pending at Gautam Budh Nagar. Learned counsel submits that since the parents of the husband are old, who are having age related health issues, therefore, it is inconvenient for the husband-applicant to contest the case at Mathura. Learned counsel prays that it would be in the interest of justice, if, the criminal case pending at Mathura is transferred to Gautam Budh Nagar, as it would be convenient for the applicant to pursue the said case. During the course of hearing, it is not disputed by learned counsel for the applicant that the minor daughter of the parties residing with mother is only three years old, and the wife is residing with her parents at Mathura. Since, the nature of the proceedings of the maintenance case may not consume much time for final adjudication, therefore, the sole ground of convenience raised by the applicant is not sufficient for transfer of the said case. Resultantly, no case is made out for transfer of the case. The application is dismissed. Order Date :- 4.4.2025/P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad