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Neutral Citation No. - 2025:AHC:37206 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 147 of 2025 Applicant :- Salman Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Dubey,Shashi Chood Pandey Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Salman Khan has filed this petition under Section 447 B.N.S.S. for transfer of Complaint Case No. 13 of 2024; titled Smt. Alisa vs. Salman Khan and others, under Section 12 Protection of Women from Domestic Violence Act, 2005, Police Station Kotwali, District Jhansi pending before Civil Judge (Junior Division)/FTC/Crimes Against Women, District Jhansi to the court of competent jurisdiction at District Kanpur Nagar.
Learned counsel for the applicant has argued that the marriage between the applicant (husband) and opposite party no. 2 (wife) was solemnized on 12th February, 2018, but after two years, the couple separated and litigation between them also commenced.
Learned counsel submits that the opposite party no. 2 instituted three cases against the applicant and his relatives, i.e. Case Crime No. 465 of 2021 under Sections 498A, 323, 504 IPC and Section 3/4 Dowry Prohibition Act and the Muslim Women (Protection of Rights on Marriage) Act, 2019, wherein after investigation, the charge sheet was filed on 17th October, 2022. According to the
learned counsel, another case bearing No. 948 of 2021 was also filed by the opposite party no. 2 under Section 125 Cr.P.C. for maintenance and the same was decided against him vide order dated 19.9.2023 passed by Judicial Magistrate, District Jhansi. Similarly, Matrimonial Case No. 811 of 2021; titled Smt. Alisha vs. Salman Khan, under Section 22 Special Marriage Act was also filed by the opposite party no. 2 for restitution of conjugal rights, which was decreed in her favour on 30.9.2023 by the Family Court, Jhansi.
Learned counsel submits that the applicant is presently residing at Mumbai, whereas Complaint Case No. 13 of 2024; titled Smt. Alisha vs. Salman Khan and others, under Sections 12 Protection of Women from Domestic Violence Act, 2005 is pending at Jhansi
and it would be convenient for the parties, if, the pending case is transferred to the competent court of jurisdiction at Kanpur Nagar.
Learned counsel has further argued that apart from the convenience of the parties, the applicant has last hope of justice in the Complaint Case No. 13 of 2024, as the two other cases filed by the opposite party no. 2 were decided against the applicant by the same court. Learned counsel prays for transfer of the Complaint Case No. 13 of 2024. During the course of hearing, it is not disputed by learned counsel that the ground of bias raised in this petition against the Presiding Officer at Jhansi was never raised by him during the pendency of the two cases, which has been decided against the applicant. Upon hearing the learned counsel and considering his submissions, this Court does not find any merit in the application, much less for transferring the case to a place which would require travelling for both the parties. The wife-opposite party no. 2 is residing at Jhansi, whereas the husband-applicant is based at Mumbai, therefore, under no circumstances, it can be said that it would be convenient for both the parties to travel Kanpur Nagar to participate in the Complaint Case No. 13 of 2024. No other ground has been raised. Resultantly, the application fails and is hereby dismissed.
Order Date :- 17.3.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad