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Neutral Citation No. - 2025:AHC:71277 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 94 of 2025 Applicant :- Smt. Sonam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Javed Khan,Subuhi Naseem Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S., 2023 seeking transfer of Misc. Case No.679 of 2022, titled Smt. Sonam Vs. Pushkar Shukla, under Section 128 Code of Criminal Procedure, pending in the court of Principle Judge, Family Court, Budaun to Moradabad.
Learned counsel for the applicant has contended that the applicant- wife has no means to maintain herself, and since year 2024, she is residing at Moradabad with her aunt, therefore, she seeks transfer of the execution application filed by her under Section 128 Code of Criminal Procedure for implementation of the order dated 21st March, 2022 granting maintenance in her favour. Concededly, the maintenance application under Section 125 Code of Criminal Procedure stands allowed in favour of the claimants and the execution is being pursued by the applicant's lawyer, therefore, the sole ground of convenience, is not sufficient for transfer of the case. Dismissed.
Order Date :- 5.5.2025/Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad