Hon’ble Allahabad High Court has allowed an application here on 23-01-2019 in the case of Davindar Kaur Kalra @ Devendra Kaur & Anr. v. State Of U.P. Thru. Prin. Secy. Home & Ors stating that in the matters of matrimonial cases if application has been filed by the wife for the transfer of case then convenience of wife to pursue the proceedings is a relevant factor for such transfer of case.

BRIEF FACTS OF THE CASE

This application was filed under Section 407 Cr.P.C. seeking transfer of the Case no. 115 of 2015 (State of U.P. Vs. Davindar Kaur & Another) under Sections 323,504,506 of the Indian Penal Code, relating to Police Station Sidhauli, District Sitapur.

It was stated by the applicant that applicant is residing at Lucknow and it is difficult to do pairavi of the aforementioned case, particularly, when applicant also apprehend threat to her life. Respondents opposed the application on the grounds of lack of justifications and reasons about such transfer.

DECISION OF THE COURT

Hon’ble Court held that in the matrimonial matters the convenience of wife and in particular that she has no one in her family to escort her to undertake a long journey has been held to be good ground for transfer of case.

Court further held that the convenience of wife to pursue the proceedings is a relevant factor if pleaded bona fide for justifying transfer of a matter to the place where it is convenient to the wife.

Court further held that in the interest of justice the application is allowed.

Read the full Judgement Here:

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=6946780