Neutral Citation No. - 2025:AHC:42817 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 162 of 2025 Applicant :- Smt Rashmi Sarswat And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghanshyam Das Mishra,Ramesh Chandra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicants are aggrieved against the order dated 11.02.2025, whereby the Principal Judge, Family Court, Agra has dismissed their transfer application filed in the pending proceedings under Section 125(3) Code of Criminal Procedure and under Section 126(2) Code of Criminal Procedure in a main case number 981 of 2016, under Section 125 Code of Criminal Procedure, titled Rashmi Sarswat etc. vs. Abhikshek Sharma. Learned counsel has argued that earlier the claim by the wife seeking maintenance under Section 125 Code of Criminal Procedure was allowed through a decision dated 26.07.2022, and before grant of the maintenance, opposite no.2- husband had appeared, but later on he did not contest the case, who has now filed an application under Section 126(2) Code of Criminal Procedure for recall of the order dated 26.07.2022. Learned counsel has further argued that the respondent no.2 has not paid any maintenance to the applicants, therefore, it would be in the interest of justice, if the pending proceedings i.e. execution of the maintenance order dated 26.07.2022 filed by the applicants as well as the application under Section 126(2) Code of Criminal Procedure filed by the husband seeking recall of the order dated 26.7.2022 is transferred to some other court of competent jurisdiction. After hearing the learned counsel for the parties and considering his submissions, this Court finds that the applicants have raised a grievance against the application by husband under Section 126(2) Code of Criminal Procedure seeking recall of the order dated 26.07.2022, granting maintenance in favour of the applicants, which has been entertained by the trial court and is pending adjudication. Concededly, the order dated 26.07.2022 has not been recalled so far and if, the opposite party has availed his remedy in accordance with law, that cannot be construed as a ground to transfer the above proceedings. If, the maintenance is due against the husband, the claim by the applicants can be pressed before the Family Court. The application is dismissed. Order Date :- 24.3.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad