Neutral Citation No. - 2025:AHC-LKO:44197 Court No. - 15 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 50 of 2025 Applicant :- Arti Duvey And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Gyan Singh Counsel for Opposite Party :- G.A.,Neetu Shukla Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rajesh Kumar Srivastava, the learned counsel for the applicant, Smt. Neetu Shukla, the learned counsel for the opposite party no.2 and perused the records. 2. By means of the instant application filed under Section 447 BNSS the applicants have sought transfer of Case No.25 of 2025: Smt. Sarita Pandey Vs. Smt. Arti Dubey and another, filed by the opposite party no.2, under Section 12 of Protection of Women from Domestic Violence Act, 2005, pending in the court of learned Judicial Magistrate, Lalganj, District Pratapgarh to any other competent court at Kanpur Nagar. 3. The case sought to be transferred is a complaint filed under Section 12 of Domestic Violence Act, which has been filed by the opposite party no.2, who is mother in law of the applicant no.1, alleging that the elder son of the opposite party no.2 had got married to the applicant no.1 on 24.06.2019. Her elder son used to reside at Noida. The applicant no.1 did not use to behave properly in her matrimonial home. She has filed a false F.I.R. under Section 498-A I.P.C. The opposite party no.2 has stated that the ill treatment meted out to her by the applicant no.1 amounts to physical, verbal, mental, emotional and economical abuse and she prayed for an order restraining the applicant no.1 from entering her house and to order her to pay compensation of Rs.20,00,000/- for her ill treatment. 4. The applicants have submitted in the transfer application that a matrimonial dispute is going on between the applicant no.1 and her husband (son of the opposite party no.2) regarding which three cases are going on before the competent courts at Kanpur. 5. The learned counsel for applicants has submitted that the opposite party no.2 has lodged a complaint under Section 12 of Domestic Violence Act at Kanpur merely to harass the applicant no.1 so as to put undue pressure on her to get advantage in the pending matrimonial cases at Kanpur. 6. The opposite party no.2 has filed a counter affidavit opposing the transfer application, wherein it has been stated that she is aged 56 years and the transfer application has been filed merely as a ploy to delay the disposal of the case. The opposite party no.2 has submitted that she is not keeping good health and it will be difficult for her to prosecute the proceedings at Kanpur. 7. The learned counsel for the opposite party no.2 has placed reliance upon a judgment rendered by a coordinate Bench of this court in the case of Smt. Roshan Jahan Vs. Hasmat Ali @ Chhedu and another: Transfer Application (Criminal) No.66 of 2022, decided on 24.05.2024, whereby the transfer application was rejected keeping in view the peculiar facts and circumstances of that case. This judgment does not lay down any principle of law of universal application and it does not apply to the facts of the present case. 8. Having considered the facts and circumstances of the case and keeping in view the fact that a matrimonial dispute is going on between the opposite party no.1 and son of the opposite party no.2, due to which three cases are pending between them before the competent courts at Kanpur; the opposite party no.2, being the mother in law of the applicant no.1 has lodged the complaint under Section 12 of D.V. Act against her daughter in law and father of her daughter in law, whereas there is absolutely no averment that the applicant no.2 has ever resided in a shared household with the opposite party no.2 and without making any further observations which may affect the merits of the case, I am of the view that the aforesaid facts make out a case for transfer of case to the competent court at Kanpur. 9. Accordingly, the application is allowed and the Case No.25 of 2025: Smt. Sarita Pandey Vs. Smt. Arti Dubey and another, filed by the opposite party no.2, under Section 12 of Protection of Women from Domestic Violence Act, 2005, pending in the court of learned Judicial Magistrate, Lalganj, District Pratapgarh is transferred to any other competent court at Kanpur Nagar. . [Subhash Vidyarthi, J.] Order Date :- 30.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench