Court No. - 71
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 320 of 2018 Applicant :- Smt. Amita Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 28.01.2019, notice has been served on the mother of opposite party No.2. Notice was sent on the address given in the application under Section 125 Cr.P.C. From the report of process server, it has been found that the mother of the opposite party No.2 was found on the given address, and she has stated that the conduct of her son, opposite party No.2, is not good and, therefore, she has deprived him on her moveable and immoveable property. She did not informed about the whereabouts of opposite party No.2 and the process server has found that nothing could be known about his address. Notice was sent on the correct address, where the opposite party No.2 is residing, and his mother was found, therefore the address is correct. From the report of process server, it appears that mother of the opposite party No.2 has deliberately refused to accept the notice and has stated that she deprived opposite party No.2 of her moveable and immoveable property in order to defeat any future claim of the applicants on the property of the opposite party No.2. She has made such statement and avoided the service of notice.
This transfer application has been filed by the learned counsel for the applicant praying for transfer of Case No. 294/12 of 2017 (Smt. Amita Vs.Surjeet Rathaur), under Section 125 (3) Cr.P.C., Police Station Tirwa, District Kannauj, pending in the court of Principal Judge, Family Court, Kannauj, to the court at District Agra.
The ground for transfer of the aforesaid case is that the the applicant is residing at Agra and the opposite party No.2 is residing at Delhi. The opposite party No.2 does not pays any interim maintenance nor is appearing before the Family Court. It has been submitted that the proceeding under Section 125 Cr.P.C. is pending at Kannauj. The recovery warrant have been issued against the opposite party No.2, but he is not appearing. In the absence of any counter affidavit, the averments made in support of the transfer application are accepted as correct.
This transfer application is allowed. The aforesaid case is transferred from District Kannauj to District Agra.
The Principal Judge, Family Court, Kannauj, is directed to forward the record of the aforesaid case to Principal Judge, Family Court, Agra, within the period of two weeks, from the date of production of certified copy of this order.
Order Date :- 29.1.2019 Ruchi Agrahari