TP (CRL.) NO. 723 OF 2024 ETC.
IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRL.) NO. 723 OF 2024
AARTI YADAV PETITIONER
VERSUS
HIMANSHU YADAV AND ORS. RESPONDENTS
WITH
TRANSFER PETITION (CRL.) NO. 732 OF 2024
O R D E R
1. The present transfer petitions have been filed by the petitioner-wife seeking
transfer of the following two cases filed by her to the Court of Metropolitan
Magistrate, East, Karkardooma Court, Delhi :
(I) Domestic violence case being Criminal Misc. Case No.2518 of 2023
titled as Smt. Aarti Yadav vs. Himanshu Yadav & Ors. pending before the
Civil Judge (J.D.)(F.T.C.) (Crime Against Women) Kanpur Dehat, Uttar
Pradesh; and
(ii) Maintenance case being Criminal Misc. Case No.1289 of 2023 titled as
Smt. Aarti Yadav vs. Himanshu Yadav pending before the Principal Judge,
Family Court, Kanpur Dehat, Uttar Pradesh.
2. The petitioner herself has initiated the proceedings at Kanpur, Uttar
Pradesh and therefore, she cannot be permitted to seek transfer only for the
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TP (CRL.) NO. 723 OF 2024 ETC.
reason that she has changed the place of residence. Moreover, the petitioner’s
native place is Kanpur, Uttar Pradesh and even in the transfer petitions, she has
given her address of Kanpur, Uttar Pradesh as well as that of Delhi.
3. If the petitioner’s native place is Kanpur, Uttar Pradesh and she has a
residence over there, it would not be a good ...