High CourtsSingle Bench(2008) 04 AHC CK 0328

Smt. Zeba vs State and Another

Allahabad High Court · Decided on 15 April 2008 · Citation: (2008) 2 ACR 2137

HON’BLE JUDGES
Barkat Ali Zaidi, J
CASE NUMBER
Criminal M.T.A. No. 182 of 2005

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Judgment

6 paragraphs · 206 words

B.A. Zaidi, J.—By this transfer application, an ex-wife wants the execution of a marital dispute decree pending before Additional Chief Judicial Magistrate VIII, Bareilly to Family Court, Allahabad.

2.

The reason given is that the lady is living at Pune with her father and has come to Bareilly to attend her case while she has some relations at Allahabad who will be able to look after the case and which will, therefore, spare her the botheration, from coming every time from Pune to Bareilly.

3.

Heard Sri J. J. Munir, advocate, for the applicant and Sri S. A. N. Shah, advocate, for opposite party No. 2.

4.

Counsel for the husband admits that he is residing at Lucknow and that he has to go on the date fixed from Lucknow to Bareilly. It is also not disputed that there is little difference between the distance of Bareilly and Allahabad from Lucknow.

5.

It will, therefore, not make any particular difference if the case is transferred to Allahabad. In these circumstances, the request of the wife applicant should be accepted.

6.

The application is, therefore, allowed and the aforesaid case is transferred from Bareilly to Allahabad. The District Judge will assign the case to a Family Court.