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. Noti