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2025 DAILYLAW 13856 (ALL)

VAISHALI SISODIA v. VIVEK SISODIA AND ANOTHER

TACR/66/2025 · 2025-05-04

Manoj Bajaj

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71004 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 66 of 2025 Applicant :- Vaishali Sisodia Opposite Party :- Vivek Sisodia And Another Counsel for Applicant :- Vaishali Sisodiya,Vinay Sharma with Case :- TRANSFER APPLICATION (CRIMINAL) No. - 85 of 2025 Applicant :- Vaishali Sisodia Opposite Party :- Vivek Sisodia And 3 Others Counsel for Applicant :- Vaishali Sisodiya,Vinay Sharma Hon'ble Manoj Bajaj,J. By means of these applications, the applicant has prayed for transfer of Complaint Case No.432 of 2016 and Case No.6162 of 2020 both titled "Manju Sisodiya v. Vaishali Sisodia & anr" as well as Complaint Case No.1425 of 2016 titled "Vaishali Sisodia v. Vivek Sisodia & ors", filed under Section 12 of Protection of Women from Domestic Violence Act, 2005, from district Gautam Budh Nagar to any other court of competent jurisdiction in district Agra. Learned counsel for the applicant (daughter-in-law) has argued that as a result of matrimonial dispute between the applicant and her husband- Vivek Sisodiya, the couple separated and litigation between them commenced. It is pointed out that applicant's husband and her mother-in-law (Manju Sisodia) are rich and influential persons, and one of their relatives, namely Mukesh Sisodiya is a practising advocate, who is a chamber partner of Rajeev Tongad, Advocate, Ex-President of Janpad Diwani Evam Fauzdari Bar Association in Gautam Budh Nagar, and as a result of it, various orders adverse to the applicant, have been passed. Learned counsel for the applicant submits that it would be appropriate, if, the pending litigations are transferred to Agra. Upon hearing learned counsel for the applicant and considering his submissions, this Court finds that applications are mainly containing averments relating to the merits of the case and the causes and the grounds leading to the matrimonial dispute between the parties. The said averments/pleadings may not be relevant as far as the issue of transfer of cases is concerned. A perusal of the paperbook would show that the applicant has levelled allegations against everyone i.e. the advocates of the opposite side, the different presiding officers but at the same time, it is also mentioned in paragraph 7 of the application that adverse orders were never challenged by her. The applicant has filed various complaints before District Judge as well as before this Court and even her lawyer has made complaint to the concerned authorities relating to the alleged misbehaviour by the counsel representing the other side, but mere filing of complaints by one litigant cannot be construed as a valid ground for transfer of cases. Most importantly, it is also disclosed by the applicant that her father and two brothers are also advocates who are based in Agra, but according to the applicant, her father and elder brother are not related to the field of litigation, therefore, they have no experience, whereas the other younger brother has recently joined the office of some senior Advocate. The cases are pending between the parties since 2016, and the application has been filed in the year 2025. Thus, considering the above background, this Court does not find any exceptional ground for transfer of the cases. Resultantly, the applications fail and are hereby dismissed. Order Date :- 5.5.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad