Neutral Citation No. - 2025:AHC:93065 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 414 of 2024 Applicant :- Mamta Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishveshwar Mani Tripathi Counsel for Opposite Party :- Debee Shanker Pandey,G.A.,Santosh Kumar Tiwari Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. seeking transfer of proceedings of Misc. Case No. 1159 of 2021; titled : Durgesh Jaiswal Vs. Mamta Jaiswal, under Section 126(2) Cr.P.C., Misc. Case No.435 of 2018; titled : Mamta Jaiswal Vs. Durgesh Jaiswal, under Section 128 Cr.P.C., Police Station Purandarpur, District Maharajganj arising out of Case No.78 of 2018 titled : Mamta Jaiswal Vs. Durgesh Jaiswal, under Section 125 Cr.P.C., pending before the Principal Judge, Family Court, Maharajganj to the Court of competent jurisdiction at Gorakhpur. Learned counsel for the applicant-wife has argued that as a result of matrimonial dispute between the applicant and her husband- opposite party no.2, who is an advocate, a maintenance case was filed by the applicant-wife under section 125 Cr.P.C., wherein a monthly maintenance of Rs.3,000/- was awarded in her favour vide ex-parte order dated 18.9.2018. Learned counsel for the applicant submits that the application dated 3.12.2021 filed by the opposite party no.2 for setting aside the ex-parte order stands allowed vide order dated 30.05.2024. According to him, neither any maintenance has been paid to the applicant by the husband- opposite party no.2, nor her claim is being decided. Learned counsel further submits that the opposite party no.2-husband being a practicing advocate is harassing the applicant and is also posting vulgar messages, as and when the wife is to appear in the Court. Learned counsel has further pointed out that though the husband has filed an application under Section 13B Hindu Marriage Act, 1955 for dissolution of marriage on the basis of compromise, but he himself is not pursuing the said case, therefore, it is becoming cumbersome for her to pursue her maintenance case at Maharajganj. Learned counsel states that applicant is resident of Gorakhpur and prays for transfer of the cases from District Maharajganj to District Gorakhpur. Learned counsel for the opposite party no.2 assisted by learned State Counsel while referring to the counter affidavit has pointed out towards the averments relating to the conduct of wife, however, it is not disputed that order of maintenance passed in the year 2018 has been recalled in the year 2024 and thereafter the maintenance case has not been decided so far. Upon hearing learned counsel for the parties and considering their submissions, this Court does not find any merit in the stand of the learned counsel for the opposite party no.2-husband as the averments relating to the conduct of the wife may not be relevant so far as the transfer of the case is concerned. Concededly, the opposite party no.2-husband is a practicing advocate and the maintenance case has already consumed seven long years but no maintenance has been paid to the wife. Thus, in the above background, this Court finds it appropriate to transfer the Misc. Case No. 1159 of 2021; titled : Durgesh Jaiswal Vs. Mamta Jaiswal, Misc. Case No.435 of 2018; titled : Mamta Jaiswal Vs. Durgesh Jaiswal arising out of Case No.78 of 2018 titled : Mamta Jaiswal Vs. Durgesh Jaiswal, before the court of competent jurisdiction at district- Gorakhpur. Consequently, the application is allowed and it is ordered that the records of the Misc. Case No. 1159 of 2021; titled : Durgesh Jaiswal Vs. Mamta Jaiswal, under Section 126(2) Cr.P.C., Misc. Case No.435 of 2018; titled : Mamta Jaiswal Vs. Durgesh Jaiswal, under Section 128 Cr.P.C., Police Station Purandarpur, District Maharajganj arising out of Case No.78 of 2018 titled : Mamta Jaiswal Vs. Durgesh Jaiswal, under Section 125 Cr.P.C., pending before the Principal Judge, Family Court, Maharajganj, be sent before the District Judge, Gorakhpur for its entrustment to the court of competent jurisdiction for adjudication. This application is allowed with no order as to costs. Order Date :- 28.5.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad