Allahabad High Court
TACR/91/2022 of SMT. AFROZ AND OTHERS Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND OTHERS on 5 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CRIMINAL) No. - 91 of 2022 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicants and Sri Badrul Hasan, learned AGA for the State of U.P. as well as perused the record. 2. The instant application has been
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
TRANSFER APPLICATION (CRIMINAL) No. - 91 of 2022
Court No. - 13
HON'BLE SAURABH LAVANIA, J.
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1. Heard learned counsel for the applicants and Sri Badrul Hasan, learned AGA for the State of U.P. as well as perused the record.
2. The instant application has been preferred seeking transfer of Case No. 169 of 2019, renumbered case no. 231 of 2019 (Smt. Afroz and Others vs. Junaid) instituted in terms of Section 12 of D.V. Act from the Court of Civil Judge (J.D)/F.T.C. J.M., Lucknow to the competent Court of Siddharth Nagar.
3. From the record it appears that the marriage of the applicant No.1 was solemnized with the opposite party No. 2 as per Muslim Rites and Rituals on 22.05.2013. On account of matrimonial discord/dispute, the applicant left the matrimonial home thereafter and for sustenance the applicant No. 1 filed an application under Section 12 of D.V. Act in the court of Civil Judge (J.D)/F.T.C. J.M., Lucknow u/S 18, 19, 20 and 22 of D.V. Act for herself and two minor daughters namely Fiza Khan and Aliza Khan.
4. It is to be noted that at the time of filing of application under Section 12 of D.V. Act, the applicant No. 1 and opposite party No. 2 were residing at Lucknow as is evident from the copy of the application under Section 12 of D.V. Act, annexed as annexure No. 1 to the present application.
5. Subsequently the applicant alongwith her two minor daughters shifted Versus Counsel for Applicant(s) : Mohd. Shameem Khan, Rayees Ahmad Khan Counsel for Opposite Party(s) : G.A. Smt. Afroz And Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Others .....Opposite Party(s)
to shifted to Sidharth Nagar and presently residing at Mohlla-Azad Nagar, Kasba-Bansi, Tehsil and Kotwali-Bansi, District-Sidharth Nagar. The distance from Sidharth Nagar to Lucknow is about 300 Km. and as such the applicants are unable to attend the proceedings pending in the Court of Civil Judge (J.D.)/FTC J.M., Lucknow. Prayer is to transfer the case in issue to the competent Court of Siddharth Nagar.
6. Taking note of the aforesaid and also the settled proposition of law on the subject, the instant application seeking transfer is hereby allowed.
7. Accordingly, the Case No. 169 of 2019 renumbered as 231 of 2019 (Smt. Afroz and Others vs. Junaid) instituted by the applicants in terms of Section 12 of D.V. Act is hereby transferred from the Court of Civil Judge (J.D.)/F.T.C. J.M. Lucknow to the competent Court of Siddharth Nagar.
8. Office is directed to communicate this order to the Court concerned and do needful for compliance of this order within a week. December 5, 2025 Anurag TACR No. 91 of 2022 2 (Saurabh Lavania,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench