SMT. AFROZ AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
TACR/92/2022 · 2025-10-29
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182769 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182769 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CRIMINAL) No. - 92 of 2022 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicants and Sri Badrul Hasan, learned AGA for the State of U.P. as well as perused the record. 2. The instant application has been preferred seeking transfer of Case No. 235 of 2019 (Smt. Afroz and Others vs. Junaid) instituted in terms of Section 125 Cr.P.C. from the Court of Principal Judge, Family Court, Lucknow to the Court of Principal Judge, Family Court, Siddharth Nagar. 3. From the record it appears that the marriage of the applicant No.1 was solemnized with the opposite party No. 2 as per Muslim Rites and Rituals on
22.05.2013. On account of matrimonial discord/dispute, the applicant left the matrimonial home thereafter and for sustenance the applicant No. 1 filed an application under Section 125 CrPC in the court of Principal Judge, Family Court, Lucknow seeking maintenance for herself and two minor daughters namely Fiza Khan and Aliza Khan. 4. It is to be noted that at the time of filing of application under Section 125 CrPC, the applicant No. 1 and opposite party No. 2 were residing at Lucknow as is evident from the copy of the application under Section 125 CrPC, annexed as annexure No. 1 to the present application. 5. Subsequently the applicant alongwith her two minor daughters shifted to shifted to Sidharth Nagar and presently residing at Mohlla-Azad Nagar, Kasba-Bansi, Tehsil and Kotwali-Bansi, District-Sidharth Nagar. The distance from Sidharth Nagar to Lucknow is about 300 Km. and as such the applicants are unable to attend the proceedings pending in the Court of Versus Counsel for Applicant(s) : Mohd. Shameem Khan Counsel for Opposite Party(s) : G.A. Smt. Afroz And Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s)
Principal Judge, Family Court, Lucknow. Prayer is to transfer the case in issue to the Court of Principal Judge, Family Court, Siddharth Nagar. 6. Taking note of the aforesaid and also the settled proposition of law on the subject, the instant application seeking transfer is hereby allowed. 7.
Accordingly, the Case No. 235 of 2019 (Smt. Afroz and Others vs. Junaid) instituted by the applicants in terms of Section 125 Cr.P.C. is hereby transferred from the Court of Principal Judge, Family Court, Lucknow to the Court of Principal Judge, Family Court, Siddharth Nagar. 8. Office is directed to communicate this order to the Court concerned and do needful for compliance of this order within a week. October 29, 2025 Vinay/- TACR No. 92 of 2022 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench