Supreme Court Allows Transfer of Domestic Violence Case to Uttar Pradesh, Citing Valid Grounds

In a significant decision, the Supreme Court of India has granted approval for the transfer of a case filed under the Protection of Women from Domestic Violence Act, 2005, from the Court of Judicial Magistrate, First Class at Indore to the Principal Judge, Family Court, Auraiya, Uttar Pradesh. The case, titled “Archana & Ors. Vs. Jasveer Singh & Ors.,” has been at the center of a legal battle, with the petitioners seeking the transfer on the grounds of malafide proceedings and the involvement of multiple family members from the husband’s side.

During the hearing, the Court took note of the respondents’ absence, with respondent No.1 failing to appear on both occasions, and respondents 2 and 3 not making an appearance despite the service of a show-cause notice. This led the Court to proceed with the case based on the submissions made by the counsel for the petitioners.

In its order, the Court emphasized that there were no averments in the complaint regarding the cause of action within the district of Indore and that the respondents resided in Auraiya, Uttar Pradesh, as per the address provided in the complaint. Taking these factors into consideration, the Court expressed satisfaction with the grounds urged by the petitioners and accepted the request for transfer.

The Bench comprising of Hon’ble Justice Vikram Nath and Hon’ble Justice Ahsanuddin Amanullah remarked, “We have considered the facts of the case and grounds on which transfer has been sought. On such consideration, we are satisfied with the grounds urged by the petitioners and accept the same. Therefore, proceedings being M.J.C.R. No.1904 of 2022 titled ‘Archana & Ors. Vs. Jasveer Singh & Ors.’ Pending before the Court of Judicial Magistrate, First Class at Indore is ordered to be transferred to the Principal Judge, Family Court, Auraiya, Uttar Pradesh.”

The Court further directed the Court at Indore to promptly and without any delay send the case record to the Family Court in Auraiya, Uttar Pradesh. With the transfer petition allowed, the Court also disposed of any pending applications related to the case.

The verdict signifies the Court’s commitment to ensuring that justice is delivered in a fair and expeditious manner, especially in cases involving the protection of women from domestic violence. By allowing the transfer of the case to the appropriate jurisdiction, the Supreme Court has upheld the principles of convenience and justice, ensuring that the case will now be heard in the most suitable forum.

The order has set a precedent for similar cases seeking transfers based on valid grounds, emphasizing the importance of considering the practical aspects and equitable distribution of legal proceedings in ensuring fair access to justice for all citizens.

DATE OF DECISION: July 19, 2023

JASVEER SINGH & ORS.  vs ARCHANA & ORS.