DHARMVEER SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER
TACR/455/2025 · 2025-09-23
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100684 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100684 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 455 of 2025 Court No. - 68 HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Jagdish Singh Bundela, learned counsel for the applicants and learned Sri Ram Kumar Verma, learned AGA for the State.
2. Present transfer application has been filed to transfer the proceeding of Complaint Case No.167 of 2025, under Sections 12, 17, 18, 19, 20, 22, 23 of Domestic Violence Act, P.S.- Indrapuram, District Ghaziabad from Ghaziabad Judgeship to Jhansi Judgeship.
3. Contention of learned counsel for the applicants is that the applicant no.1 is father-in-law and applicant no.2 is mother-in-law of opposite party no.2. He further submitted that as the opposite party no.2 has filed the complaint under Domestic Violence Act at Ghaziabad which is her parental home and applicants have been residing at Jhansi, therefore, considering the age and illness of the applicants, the proceeding of the aforesaid complaint may be transferred from Ghaziabad Judgeship to Jhansi Judgeship.
4. Per contra, learned AGA vehemently opposed the prayer and submitted that in the proceedings of Domestic Violence Act personal presence of the respondents is not required, therefore, the present application is absolutely misconceived and liable to be rejected.
5. Considering the aforesaid submissions and perusal of record, it is not in dispute that the complaint in question has been filed by the opposite party no.2 on the address where she has been residing with her parents. Versus Counsel for Applicant(s) : Jagdish Singh Bundela Counsel for Opposite Party(s) : G.A. Dharmveer Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Proceedings under Domestic Violence are civil in nature and there is no requirement for getting bail or personal appearance of the respondents. Therefore, transfer of the aforesaid complaint case from Ghaziabad Judgeship to Jhansi Judgeship will cause unnecessary harassment to opposite party no.2, who is wife of son of the applicants. Therefore, this Court does not find any good ground to transfer the present application.
6. Accordingly, the present transfer application is rejected. September 24, 2025 A.Kr.
TACR No. 455 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad