Dr. Shripati Tripathi v. State of U.P & Anr.

Applicant :- Dr. Shripati Tripathi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant- husband has filed this application under Section 447 of B.N.S.S., 2023 seeking transfer of case no.545 of 2019, under Section 125 Code of Criminal Procedure and Execution Application No.340 of 2024, under Section 128 Code of Criminal Procedure, pending before Additional Principal Judge, Family Court, Gorakhpur, as his prayer for transfer has been declined by the Family Court, Gorakhpur, Vide order dated 18th December, 2024. Today, when the case is called, no one has appeared to assist the Court. As per the averments contained in the application, the applicant- husband has primarily sought for transfer of the case on the ground that the opposite party had been visiting the Presiding officer for providing medical treatment and since they are known to each other, therefore, the pending cases be transferred to some other court. A perusal of the order dated 18th December, 2024 would show that earlier the case was transferred vide order dated 6th August, 2024 on the request by respondent no.2 and the said order was never challenged by the applicant- husband. Further, the maintenance under Section 125 Code of Criminal Procedure has already been awarded in favour of the wife and the applicant- husband has been making payment periodically to clear the arrears of maintenance. A perusal of the order dated 18th December, 2024 would show that the Principal Judge, Family Court, Gorakhpur has observed that despite having given undertaking the applicant- husband is not making the payment of maintenance to the wife and is delaying the proceedings. The order dated 18th December, 2024, is based upon proper appreciation of the facts, circumstances and material on record, therefore, this court does not find it to be fit case of transfer of the case. Dismissed. Order Date :- 5.5.2025 Raj RAJ KUMAR High Court of Judicature at Allahabad