Allahabad High Court

ANUJ KUMAR SINGHversusSTATE OF U.P. AND ANOTHER

Decided: 23 February 2026
Bench: SAMIT GOPAL

Holding

The transfer application is dismissed as the alleged bias is unfounded and no substantive ground for transfer exists.

Summary

The applicant, Anuj Kumar Singh, filed a transfer application under Section 447 of the BNSS, 2023 seeking to move a maintenance suit (Case No.271 of 2025) from the Family Court at Bhadohi to a court in Prayagraj, alleging that the trial court was biased because the opposite party’s father and cousin are court employees in Bhadohi. The opposite party contended that the transfer request was baseless and that the applicant had previously failed to file any written objection in the trial court. The High Court examined the affidavit’s allegations and the order dated 18‑09‑2025, which had already addressed the applicant’s concerns and imposed a cost. The Court held that the applicant’s apprehension of bias was unfounded and that no substantive ground existed to justify a transfer. Consequently, the transfer application was dismissed and any interim order stayed was vacated.

Issues considered

Whether a transfer of a family court maintenance case under Section 447 of the BNSS, 2023 is warranted on the ground of alleged bias due to employment of relatives of the opposite party in the trial court.

Legislation cited

BNSS, 2023 — s. 144, 447

Subjects

transfer of suit
family court
maintenance
bias
jurisdiction
Section 144 BNSS
Section 447 BNSS
interim order
ex parte

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 490 of 2025

Anuj Kumar Singh
.....Applicant(s)
Versus

State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Manoj Kumar Singh, Rajesh Kumar
Singh
Counsel for Opposite Party(s) : Avneesh Kumar Singh, Baikunth Nath
Singh, G.A., Manish Kumar Singh

Court No. - 53
HON'BLE SAMIT GOPAL, J.

1. This matter although is today listed at item no.155 in the daily cause
list but has been taken up on a mention made by the learned counsel for
opposite party No.2, as he was granted liberty to mention the matter for
being taken up for final hearing vide order dated 3.2.2026.

2. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant and
Sri Manish Kumar Singh, learned counsel for opposite party No.2 and
learned AGA for the State-respondent No.1.

3. This application for transfer under Sections 447 of BNSS, 2023 has
been filed by the applicant-Anuj Kumar Singh before this Court with the
following prayer :-

" It is, therefore, most respectfully prayed that this Hon'ble Court may
graciously be pleased to allow the present transfer application and
transfer the Case No.271 of 2025, Vidhi Singh Vs. Anuj Kumar Singh, U/S
144 BNSS, 2023 from the court of Principal Judge, Family Court,
Bhadohi at Gyanpur to any other Family Court either at District Court
Prayagraj or any other District Court of the adjoining District, so that
the justice may be done with the applicant.

It is further prayed that till the pendency of present
petition/application before this Hon'ble Court the further proceeding of
aforesaid Case No.271 of 2025, Vidhi Singh Vs. Anuj Kumar Singh, u/s
TACR No. 490 of 2025
2

144 BNSS, 2023 pending the Court of Principal Judge, Family Court,
Bhadohi at Ghyanpur, may kindly be stayed, otherwise the applicant shall
suffer irreparable loss and injury. "

4. The facts of the case are that the applicant was married to the opposite
party No.2 on 28.11.2021. A matrimonial discorded between the parties
started and thus an application, under Section 144 of BNSS dated
23.05.2025 was filed by opposite party No.2 against the applicant
claiming maintenance of Rs.50,000/- per month. An application for
interim maintenance was also moved therein. The case was registered by
the Court concerned and notice was issued to the applicant. On
18.07.2025, the court concerned found notice to be sufficient and thus
granted time to file Written Statement/Objection, then on 1.8.2025, the
respondent was not present and thus the court proceeded ex parte. On
21.08.2025, the respondent No.2 filed his vakalatnama along with an
application and the matter was thus adjourned. Subsequently, an
application No.22- Ba was filed by the respondent therein for recall of the
order dated 21.08.2025, by which, the court concerned had posted the
matter for argument. The said application for recall was allowed but with
a cost of Rs.7000/. This application for transfer has thus being moved
before this Court on the ground as pleaded in paragraph no.3 of the
affidavit in support of the transfer application on the ground that the
marriage of the applicant and the opposite party was solemnized at
District Prayagraj, whereas opposite party no.2 is residing with her
parents therein and no cause of action arises at District Bhadohi. Further
while placing paragraph 4 of the affidavit, it is submitted that the father of
the opposite party No.2 namely, Sri Abhimanyu Singh is posted as In-
charge Record Room, Civil Court, Bhadohi, whereas her cousin brother
namely, Siddharth Singh is posted as Clerk in the Administrative Office
of District Court Bhadohi at Gyanpur and it is submitted while placing
paragraph 5 of the affidavit that taking undue advantage of the posting of
her father and cousin brother in the District Court, the case has been filed
at Bhadohi, which does not have any jurisdiction to entertain it.

5. Learned counsel for opposite party No.2 submits that the present
transfer application is totally without any substance and just in order to
get the case transferred without any justifiable reason. It is submitted that
TACR No. 490 of 2025
3

a counter affidavit in the matter has been filed, which would demonstrate
that despite sufficient opportunity, the applicant failed to file any
objection/ W.S. in the matter before the Trial Court and now is taking a
ground, which is without any substance for getting the case transferred. It
is submitted that the averments in paragraph no.5 of the affidavit in
support of transfer application is merely apprehension of the applicant,
which is without any basis and without any substance. It is submitted that
the transfer application be dismissed.

6. Learned counsel for the State has also being heard.

7. After having heard the parties and perusing the record, it is evident that
transfer of a case, under Section 144 BNSS has been prayed on the
ground that the father of opposite party no.2 and her cousin brother are
employed at District Bhadohi and are influencing the Trial Court
concerned, for which an instance has been brought on record and placed
before the court being order dated 18.09.2025, in which, the trial court
concerned although allowed the application No.22-Ba of the applicant but
with a cost of Rs.7,000/- to show that the trial court is being influenced by
the said two employees.

8. This Court has perused the said order dated 18.09.2025. The order is a
detailed order on merits. The applicant had a remedy against that order
before the appropriate forum. Merely by expressing an apprehension that
the same has been passed under some influence of the father and cousin
brother of opposite party no.2 who are trial court's employees is without
any basis and substance. Nothing has been brought forward in the present
petition to show that the said order has been subjected to challenge by the
applicant before any superior court. The apprehension of the applicant is
totally unfounded and baseless and thus the transfer application stands
dismissed.

9. Interim order, if any, stands vacated.

(Samit Gopal,J.)
February 24, 2026
SFH

Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad

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