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Neutral Citation No. - 2025:AHC:143721 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 390 of 2025 Applicant :- Iti Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Pranjal,Parmendar Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S. seeking transfer of Maintenance Case NO. 751 of 2024, titled Iti Singh Vs. Akhand Pratap Singh Chauhan, under Section 125 Cr.P.C., pending before the Principal Judge, Family Court, Budaun to the court of competent of jurisdiction at Shahjahanpur.
Learned counsel for the applicant has argued that as a result of matrimonial dispute, the couple separated and the applicant-wife filed a case for maintenance under Section 125 Cr.P.C., which is pending adjudication before the Principal Judge, Family Court, Budaun. Learned counsel submits that presently the applicant is residing with her parents at Shahjahanpur, and the close acquaintances of the husband-opposite party no.2 have been pressurizing her to withdraw the case. Besides, the 100 kilometers distance between two towns is also causing inconvenience to the applicant, therefore,
learned counsel prays for transfer of the case to Shahjahanpur. During the course of hearing, it is fairly stated by learned counsel that after her separation with the husband, she resided with her father-in-law at Budaun, who had expected that the couple may settle the dispute in coming days. That apart, the ground that the applicant is being pressurized for withdrawal of the case is vague, without any particulars as neither in the petition, the names of the said persons, who asked the applicant to withdraw the case have been revealed, nor during the course of hearing, learned counsel is able to substantiate this ground. Admittedly, the case was filed by the wife herself at Budaun in the year 2024 and in the present days, the distance of 100 kilometers between two towns cannot at all be construed as a ground of inconvenience. The application is frivolous and is dismissed with costs of Rs.5,000/- to be deposited within one month before the Registrar General, High Court Allahabad, who will, thereafter, forward the same to the High Court Legal Services Committee.
Order Date :- 21.8.2025/P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad