Kamaruddin vs. State Of U.P.

Court No. - 50 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 13 of 2015 Applicant :- Kamaruddin Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- B.R. Sharma Counsel for Opposite Party :- Govt.Advocate

Hon'ble Harsh Kumar,J.

Heard Sri B.R. Sharma, learned counsel for the applicant, learned AGA for the State and perused the record.

The prayer in the transfer application has been made that the proceedings of execution of case no.528 of 2013, Smt. Jeenat and others Vs. Kamaruddin in complaint case no.872 of 2009, under section 125(3) Cr.P.C. pending before the Judge Family Court, Ghaziabad be transferred from Ghaziabad to District Maharajganj, as both the parties are resident of Maharajganj.

Learned counsel for applicant argued in support of application.

Per contra, learned AGA submitted that application under section 125 (3) Cr.P.C. is in the nature of execution for recovery of arrears of maintenance and no adjudication of any issue is at all required in the case; that since the order has been passed by the Court at Ghaziabad, the proceedings for recovery of arrears of maintenance will have to run before the Magistrate/Family court, Ghaziabad and there is no justification for transferring the same to Maharajganj or any where else out of Ghaziabad.

Upon hearing parties counsel and perusal of record, I find that transfer application has been moved with malafide intention and contains frivolous and vexatious allegations. The proceedings of section 125 (3) Cr.P.C. are only meant for recovery of arrears of maintenance and get concluded as soon as the arrears are paid off or deposited by the person concerned/husband. I find no justification in even moving of the application and the same is liable to be dismissed with cost.

The transfer application is dismissed with cost of Rs.1000/-

The amount of cost will be deposited by applicant before the District Legal Services Authority, Ghaziabad within 15 days.

Let a copy of this order be sent to District Judge/Chairman District Legal Services Authority for ascertaining compliance.

Order Date :- 10.4.2018 Tamang