HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 406 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant- Asajad has filed this application under Section 447 Bhartiya Nagrik Suraksha Sanhita, 2023 seeking transfer of the proceeding of Case No.806 of 2019, titled Smt. Huma Mirza vs Asajad, under Section 125 Code of Criminal Procedure, pending in the court of Additional Principal Judge, Family court no.2, Muzaffar Nagar to Shamli. Learned counsel for the applicant- husband has prayed for transfer of maintenance case bearing no.806 of 2019, titled Smt. Huma Mirza Vs. Asajad filed by opposite party no.2- wife on the ground that as and when the applicant- husband visits Muzaffar Nagar to pursue the subject case, the opposite party no.2 and her associates threaten him. Further, it is pleaded in the application that in the absence of any application by wife for interim maintenance, the Family Court illegally granted interim maintenance in her favour and such orders are being passed under the influence of opposite party no.2. On these grounds, the applicant- husband is seeking transfer of the case from Muzaffar Nagar to Shamli. During the course of hearing, it is not disputed by learned counsel that initially in the maintenance case, the husband was proceeded against ex parte and the claim of the wife was allowed vide ex parte decision dated 26th July, 2023, however, later vide order dated 18th December, 2024, the restoration application filed by applicant was allowed. The averments contained in the application clearly reflect the conduct of the husband, who instead of participating in the proceedings is deliberately keeping himself away, and is keeping a close watch on the proceedings. The Versus Counsel for Applicant(s) : Rohit Kumar Singh Counsel for Opposite Party(s) : G.A. Asajad .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) allegations regarding threats by opposite party no.2 (wife) to the applicant are vague and not supported by any convincing material, therefore, this Court is not inclined to transfer the case. The application is dismissed. (Manoj Bajaj,J.) September 9, 2025 Raj TACR No. 406 of 2025 2 Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad