Neutral Citation No. - 2025:AHC:72133 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 513 of 2024 Applicant :- Gaurav Singh Opposite Party :- Ritupriya And Another Counsel for Applicant :- Rajeev Chaddha Counsel for Opposite Party :- Bindu Kumari Hon'ble Manoj Bajaj,J. Counter affidavit filed today is taken on record. Heard learned counsel for the applicant and learned counsel for the opposite party. By means of this application, the applicant is seeking transfer of Misc. Case No.467 of 2023 (Ritupriya & anr v. Gaurav Singh) filed under Section 125 Cr.P.C., from district Sonbhadra to Gautam Budh Nagar. Learned counsel for the applicant has argued that matrimonial dispute between the applicant-husband and opposite party no.1- wife led to litigation between them and a case bearing Misc. Case No.467 of 2023 under Section 125 CrPC is pending before Principal Judge, Family Court, Sonbhadra. Learned counsel has further argued that the applicant-husband is a resident of Gautam Budh Nagar and even opposite party no.1 is also residing at there, but in order to harass the applicant, the maintenance case has been filed at Sonbhadra which is at distance of 800 kms. Learned counsel has argued that since both the parties are residing at Gautam Budh Nagar, therefore, it would be in the interest of justice of both the parties if the said case is transferred from Family Court, Sonbhadra to a court of competent jurisdiction in Gautam Budh Nagar. Learned counsel for the opposite party no.1 has opposed the prayer who has argued that the opposite party no.1 is residing at Sonbhadra with her parents, whereas her son-opposite party no.2 is pursuing his studies at Gautam Budh Nagar, therefore, it cannot be said that opposite party no.1 is also residing there. Learned counsel has further argued that the son of the parties is residing with the relative of the opposite party no.1 and periodically, the opposite party no.1 visits Gautam Budh Nagar, thus it cannot be said she is permanently residing there. She prays that the application be dismissed. Upon hearing learned counsel for the parties and considering their submissions, this Court finds that in the maintenance case, a separate application dated 05.06.2024 seeking interim maintenance was filed by the opposite party no.1, wherein it is clearly pleaded that she alongwith her son is residing with her relative at Gautam Budh Nagar, and she has no source of income, and on her visit to Sonbhadra on each and every date of hearing, she is incurring extra expenses. Thus, considering the above background particularly the stand of the wife-opposite party no.1, this Court deems it appropriate to transfer the pending case from Sonbhadra to Gautam Budh Nagar, as it would be convenient for both the parties to contest the case at Gautam Budh Nagar. Consequently, the application is allowed and it is ordered that the record of Misc. Case No.467 of 2023 (Ritupriya & anr v. Gaurav Singh) be sent before the District Judge, Gautam Budh Nagar for its entrustment to the court of competent jurisdiction for adjudication. Order Date :- 6.5.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad