Smt. Tara Devi And 2 Others State of U.P. and Another & Ors. v. Sanideval) & Ors.

Smt. Tara Devi And 2 Others State of U.P. and Another Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) : Govind Singh Rajpoot, Kali Shanker Counsel for Opposite Party(s) : G.A. Tiwari Court No. - 87 HON'BLE ANIL KUMAR-X, J.

Heard learned counsel for appellant and the learned AGA for State.

As per office report, notice have been served on opposite party no.2, however, none has appeared on behalf of opposite party no.2 to oppose application.

Learned counsel for the appellant has prayed to allow this application and transfer the Maintenance Case No.72 of 2023 ( Smt. Tara Dev and Others Vs. Sanideval) , under Section 125 Cr.P.C., at Police Station Rath District Hamirpur from learned Principal Judge, Family Court Hamirpur to learned Principal Judge, Family Court, Mahoba.

Learned counsel for the appellant has submitted that her application under Section 125 Cr.P.C. bearing Case No. 72 of 2023 is pending before Principal Judge (Family Court), Hamirpur. It was further submitted that the applicant is residing with her parents at Mahoba. She has two children to look after and has no means to maintain them. One of her child is also physically disabled. It is difficult for him to approach the Family Court at Hamirpur to do the effective pairvi in her case. Hence a prayer has been made to transfer her case from District Hamirpur to District Mahoba. Learned counsel has submitted that the applicant is a lady and wife of respondent no.2, it will be expedient to consider the convenience of applicant.