Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:136697 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 78 of 2025 Applicant :- Smt. Radha Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anuj Datta,Shive Datta Yadav Counsel for Opposite Party :- G.A.,Monika Pal Hon'ble Manoj Bajaj,J. Applicant-Smt. Radha has filed this petition under Section 447 Bhartiya Nagarik Suraksha Sanhita, 2023 for transfer of Case No. 2238 of 2024; titled Smt. Neeraj Devi and another vs. Radha Kashyap, under Section 144 Bhartiya Nagarik Suraksha Sanhita, 2023, pending before Principal Judge, Family Court, Agra to any other court of competent jurisdiction at District Kanpur Nagar.
Learned counsel for the applicant has argued that the applicant is a Constable and presently posted at Kanpur, and she has two minor children. He further submits that the husband of the applicant had died four years back due to illness, and because of official duties, as well as for taking care of her children, it is difficult for her to contest the case of maintenance filed by her parents-in-law under Section 144 Bhartiya Nagrik Suraksha Sanhita, 2023. He prays that, if, the subject case pending at Agra is transferred to Kanpur Nagar, it would be convenient for the applicant to pursue the said 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 maintenance case, the appearance of the applicant on each and every date of hearing may not be necessary. The applicant on the date of hearing, when her appearance is necessary, can make the appropriate adjustment to participate in the proceedings. Since, 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. The application is dismissed.
Order Date :- 12.8.2025/Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad