Neutral Citation No. - 2025:AHC-LKO:41669 Court No. - 15 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 54 of 2025 Applicant :- Pratibha Kanojia And 5 Others Opposite Party :- Sushma Lata Counsel for Applicant :- Abhishek Shukla Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Pooja Maurya, advocate, holding brief of Mr. Abhishek Shukla, learned counsel for the applicants and Mr. Asif Khan, learned State Counsel. 2. The present application has been filed under Section 447 of BNSS seeking transfer of the complaint case i.e. Criminal Misc. Case No. 4733/2024 (Sushma Lata Vs. Pratibha Kanojia And Ohers) filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 from the Court of learned Additional Chief Judicial Magistrate-VII, Court No. 31, Lucknow to any other competent court in District Kanpur Nagar. 3. The aforesaid complaint has been filed by the opposite party who is mother-in-law of the applicant No. 1. In the complaint, it is stated that the complainant is an old woman aged 62 years who is residing in Lucknow. 4. The applicant has sought transfer of the aforesaid case on the ground that the applicant No. 1 is the daughter-in-law of the opposite party and she is residing at Kanpur. Learned counsel for the applicants submits that the applicants would face difficulty in travelling to Lucknow on all the dates for defending the complaint case. 5. When the Court has to balance equities, it cannot ignore the fact that the complainant is also a woman aged 62 years and she is residing at Lucknow, therefore, as per the provisions of Section 27 of the Domestic Violence Act, 2005 the Court in Lucknow where the complainant resides has territorial jurisdiction to entertain the complaint case. The applicant No. 1, who is the daughter-in-law of the complainant, is a young lady aged 24 years and she can travel of Lucknow to defend the complaint easily compared to the difficulty that would be faced by the complainant, who is a lady aged 62 years. 6. Moreover, for defending a complaint case under Section 12 of the Domestic Violence Act, 2005, personal appearance of all the opposite parties on all dates is not necessary and the applicants can very well defend the complaint case by engaging a competent counsel of their choice. 7. There is not good ground for transferring the Criminal Misc. Case No. 4733/2024 (Sushma Lata Vs. Pratibha Kanojia And Ohers) filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 from the court of learned Additional Chief Judicial Magistrate-VII, Court No. 31, Lucknow to any other competent court in District Kanpur Nagar, accordingly, the present transfer application is dismissed. Order Date :- 18.7.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench