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2025 DAILYLAW 41214 (ALL)

AJAY KUMAR MISHRA v. STATE OF U.P. AND ANOTHER

TACR/199/2025 · 2025-04-15

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55751 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 199 of 2025 Applicant :- Ajay Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vashishtha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of Bharatiya Nagarik Suraksha Saniha, 2023 seeking transfer of Maintenance Case No.663 of 2023, titled Pragya Mishra Vs. Ajay Kumar Mishra, under Section 125 Code of Criminal Procedure, pending before Principal Judge, Family Court, Deoria to any other court of competent jurisdiction in a nearby by district. Learned counsel for the applicant- husband prays for transfer of this case under Section 125 Code of Criminal Procedure filed by opposite party no.2 (wife), on the sole ground that her father is a practicing senior advocate at Deoria. Learned counsel has further stated that the maintenance awarded at the rate of Rs.25,000/- per month is being paid regularly to the wife. Merely, because the father of opposite party no.2 is a practicing advocate at Deoria that alone would not be a ground for transfer of the case, wherein the applicant has already participated. No other ground has been raised for transfer of the case. This application is dismissed. Order Date :- 16.4.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad