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2025 DAILYLAW 82418 (ALL)

SANTOSH KUMAR SRIVASTAVA v. SHILPI SRIVASTAVA

TACR/465/2024 · 2025-07-28

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125217 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 465 of 2024 Applicant :- Santosh Kumar Srivastava Opposite Party :- Shilpi Srivastava Counsel for Applicant :- Mahendra Pratap Singh,Pawan Kumar Mishra Counsel for Opposite Party :- Anand Kumar Srivastava Hon'ble Manoj Bajaj,J. Applicant-Santosh Kumar Srivastava has filed this petition under Section 407 Code of Criminal Procedure for transfer of Criminal Misc. Maintenance Case No. 352 of 2023; titled Shilpi Srivastava vs. Santosh Kumar Srivastava, under Section 125 Code of Criminal Procedure, Police Station Shahpur, District Gorakhpur pending before Additional Principal Judge-III, Family Court, Gorakhpur to the court of Principal Judge, Family Court, District Basti. Learned counsel for the applicant has prayed for transfer of the maintenance case from Gorakhpur to Basti on the ground that a divorce petition filed by the husband is pending adjudication at Basti. Learned counsel has further argued that as the applicant- husband is taking care of his old mother, therefore, if, the case is transferred to Basti, he would be in a better position to pursue the case, and would be also taking care of his old mother conveniently. During the course of hearing, it is not disputed by the learned counsel for the applicant that he is employed as a Station Master, and is presently posted at Sant Kabir Nagar, which is situated at a distance of 27 kms. in between from Basti to Gorakhpur. Further, considering the total distance of 70 kms. between Basti and Gorakhpur, this Court does not find any ground for transfer of the subject case. Resultantly, the application fails and is hereby dismissed. Order Date :- 29.7.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad