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2025 DAILYLAW 122794 (ALL)

RICHA CHAUHAN v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

TACR/13/2025 · 2025-02-14

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9811 Court No. - 12 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 13 of 2025 Applicant :- Richa Chauhan Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Alok Tripathi,Awadhesh Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The instant application has been filed seeking following main relief(s):- "It is, therefore, most respectfully prayed that this Hon'ble court be pleased to allow this application and transfer the proceedings of Case No. 1748/2022; Anuj Maheshwari vs. Richa Maheshwari, pending before the Hon'ble Court of Civil Judge Senior Division, FTC/ACJM, Kasganj to the Lucknow Court, where proceedings of Domestic Violence, Cruelty and Maintenance filed by the applicant are pending against the opposite party no.2 or any other Court outside Lucknow which this Hon'ble Court deems fit and proper. It is further prayed that in case the Hon'ble Court is not inclined to grant the above mentioned relief at the first instance then, during the pendency of the present application before this Hon'ble Court further proceedings of Case No. 1748/2022; Anuj Maheshwari vs. Richa Maheshwari, pending before the Hon'ble Court of Civil Judge Senior Division, FTC/ ACJM, Kasganj, may kindly remain stayed so that no ex-parte orders are passed against the applicant in the Court below." Upon a perusal of the application and hearing learned counsel for the applicant, this Court finds that the applicant seeks transfer of the case from a Court situated within the territorial jurisdiction at Allahabad, therefore, the territorial jurisdiction to entertain this transfer application would lie at Allahabad. In view of the aforesaid as also the law laid down by the Division Bench of this Court in Special Appeal No.153 of 2016 (Mahendra Pratap Bhatt 76 (Clmc)2015 vs. Smt. Saroj Mahana), this application is dismissed on account of lack of territorial jurisdiction. It is, however, clarified that this order shall not prevent the applicant from moving this Court at Allahabad, seeking same relief. Office is directed to return certified/original copies of the documents annexed with this application to the learned counsel for the applicant as per Rules in this regard. Order Date :- 14.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench