Point of Law : An order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about proper conduct of the trial. The power has to be exercised cautiously and in exceptional situations, where it becomes necessary to do so to provide credibility to the trial.

JUDGMENT :

(Mohd. Azhar Husain Idrisi, J.)

1. Heard learned counsel for the revisionist and learned A.G.A. for the State.

2. As per office report dated 16.01.2023, notice issued by this Court vide order dated 13.12.2022 has been served upon opposite party no. 2 but despite service of notice, no one has appeared on his behalf. Therefore, the Court is proceeding to decide the case on merits.

3. The present transfer application has been moved under Section 407 Cr.P.C. against the opposite party no. 2 Rakesh Rai with prayer to transfer the entire proceedings of Case No. 173 of 2020 (Sonam Rai Vs. Rakesh Rai), under Section 128 Cr.P.C., Police Station Tahabarpur, District Azamgarh, pending before the learned Principal Judge, Family Court, Azamgarh to the court of competent jurisdiction at District Mau.

4. Succinctly, the applicant case is that applicant has filed an application under Section 125 Cr.P.C. against the opposite party no. 2 for providing Rs. 25,000/-per month to her and her minor daughter Ruchi as maintenance allowance. This application is registered as Case. No. 442 of 2019 (Sonam Rai and others Vs. Rakesh Rai) in the court of Principal Judge, Family Court, Azamgarh.

5. Notices were issued to opposite party but none appeared in the trial court to file objection in the aforesaid proceedings. Ultimately, after considering all the material evidence available on record, learned Principal Judge, Family Court, Azamgarh has allowed the aforesaid application exparte vide order dated 09.12.2020, directing the opposite party to pay Rs. 4,000/-per month to the applicant from the date of institution of application. In compliance of the aforesaid order dated 09.12.2020, the opposite party no. 2 has not paid any maintenance allowance till December, 2020 and total amount of Rs. 74,000/-is remained to be paid. Thereafter, the applicant filed an application under Section 128 Cr.P.C. on 16.12.2020 before the court concerned for recovery of balance amount of Rs.74,000/-from the opposite party no. 2, which is still pending. After filing the aforesaid application under Section 128 Cr.P.C., the same was registered as Case No. 173 of 2020 in which the objections of opposite party no. 2 were invited. Later on, recovery warrant has been issued on 17.03.2021. In compliance of the impugned order dated 17.03.2021, the opposite party no. 2 has paid an amount of Rs.25,000/-in the account of the applicant, therefore, recovery warrant was cancelled by learned trial court vide its order dated 18.03.2021. Thereafter the opposite party no. 2 (husband) prayed to pay remaining amount till date. Again recovery warrant was issued against the opposite party no. 2 on 05.08.2022. The applicant is poor lady and she has no source of income and depends upon the income of her father, who also bears the liability of other family members. The applicant has one minor daughter aged about 4 years with her and she cannot attend the court proceedings at District Azamgarh on each and every date so she wants to transfer the entire proceedings at District Mau. Father of the applicant is an old person, who is unable to attend the court on every date with the applicant and in absence of him, the opposite party no. 2 was regularly threatened her when she goes to attend the court proceeding alone. In that circumstances, the life of the applicant is not safe seeing the previous conduct of the opposite party no. 2. She is ready to face trial if the case is transferred to any court at District Mau. Due to fear of the opposite party no. 2 as well as his family members, she do not want to face the trial at District Azamgarh. The opposite party no. 2 has good relation with the anti social elements and he is waiting an occasion to take revenge from the applicant if she goes to Azamgarh for doing pairvi of the case in question. The applicant has no source of income and she is not in a position to bear the expenses for doing pairvi of the case pending before the learned Principal Judge,