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2025 DAILYLAW 71914 (ALL)

SMT. KAJAL v. STATE OF U.P. AND ANOTHER

TACR/328/2025 · 2025-07-15

Manoj Bajaj

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:114738 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 328 of 2025 Applicant :- Smt. Kajal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Kumar Pandey Hon'ble Manoj Bajaj,J. The applicant- Smt. Kajal has filed this application under Section 447 of B.N.S.S., 2023, seeking transfer of Case No.538 of 2024, under Section 12 of Protection of Women from Domestic Violence Act, 2005, titled Smt Manju Devi Vs. Smt. Kajal and others, Police Station Naandgram, District Ghaziabad, pending in the court of Additional Civil Judge (J.D.)/J.M . court no.3, Ghaziabad to competent courts of jurisdiction at Shamli. Learned counsel for the applicant submits that as a result of matrimonial dispute, the applicant separated from her husband and litigation between them commenced. He submits that opposite party no.2 has filed an application under Section 12 of Protection of Women from Domestic Violence Act, 2005 at the instance of her son, namely, Kapil (husband of the applicant), which is pending adjudication at Ghaziabad, which is far away from district Shamli, the place of residence of the applicant. He prays that the case be transferred to Shamli. After hearing the learned counsel for the applicant and considering his submissions, this Court does not find any merit in the application, as convenience of one of the parties, cannot be construed, as a valid ground for transfer of the case. That part, the opposite party no.2 is also a lady, who is elder to the applicant, therefore, in this background, even the ground of convenience of the applicant is completely misplaced. During the course of hearing, it is not disputed by learned counsel that though the applicant stands served in the said case, but till date she has not filed her response to the application filed by the opposite party no.2. No other argument has been raised. Resultantly, finding no merit in this application, the same is dismissed. Order Date :- 16.7.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad