Smt. Viddhiya Devi and 2 Others Vs State of U.P. and… — Domestic Violence | Allahabad HC (2025)

Smt. Viddhiya Devi and 2 Others Vs State of U.P. and… — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether Case No. 277 of 2024 (Smt. Pratima vs. Neeraj and other, under Sections 18, 19, 20, 21, 22 Protection of Women from Domestic Violence Act, 2005), pending before Additional Chief Judicial Magistrate II, Shikohabad, District Firozabad, should be transferred to a court of competent jurisdiction at District Hathras.

Court's answer

No exceptional ground is made out for transfer of the case to Hathras.

Ratio / Principle

Merely because the close relatives of the complainant are practicing Advocates, it would not mean that the applicants would not get a fair chance to contest the case.

Key takeaways

The complaint relating to the alleged threat dated 8th November, 2024 is vague and is more concentrated on the status of the father and brother of opposite party no. 2, who are practicing Advocates at Shikohabad.ratio¶10
The apprehension of the applicants that they are not likely to get a fair chance to defend the case is absolutely misplaced.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Manoj Bajaj, J.; Neutral Citation No. 2025:AHC:59830) dismissed Transfer Application (Criminal) No. 765 of 2024 filed under Section 447 Bhartiya Nagarik Suraksha Sanhita, 2023 by Smt. Viddhiya Devi, Jay Veer Singh and Neeraj Yadav, who sought transfer of Case No. 277 of 2024 (Smt. Pratima vs. Neeraj and other, under Sections 18, 19, 20, 21, 22 Protection of Women from Domestic Violence Act, 2005), pending before Additional Chief Judicial Magistrate II, Shikohabad, District Firozabad, to District Hathras. Grounds advanced were alleged false implication amid a matrimonial dispute, threats allegedly given on 8th November, 2024 (complaint dated 12th November, 2024, Annexure No. 9), and the real brother and father of opposite party no. 2 being practising Advocates at Shikohabad. The Court held that no exceptional ground was made out: mere practice of the complainant's close relatives as Advocates does not deprive applicants of a fair chance; the trial court had given them proper opportunity even while granting interim maintenance; the threat complaint was vague; and their apprehension of unfair treatment was absolutely misplaced. Order dated 22.4.2025.

Neutral Citation No. - 2025:AHC:59830

Court No. - 77

Case :- TRANSFER APPLICATION (CRIMINAL) No. - 765 of 2024

Applicant :- Smt. Viddhiya Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subir Lal,Swetashwa Agarwal Counsel for Opposite Party :- G.A.

Hon'ble Manoj Bajaj,J.

Applicants-Smt. Viddhiya Devi, Jay Veer Singh and Neeraj Yadav have filed this petition under Section 447 Bhartiya Nagarik Suraksha Sanhita, 2023 for transfer of Case No. 277 of 2024; titled Smt. Pratima vs. Neeraj and other, under Sections 18, 19, 20, 21, 22 Protection of Women from Domestic Violence Act, 2005, Police Station Shikohabad, District Firozabad pending before Additional Chief Judicial MagistrateII, Shikohabad, District Firozabad to any other court of competent jurisdiction at District Hathras.

Learned counsel for the applicants has argued that the opposite party no. 2 has falsely implicated the applicants in different cases as a result of a matrimonial dispute with Neeraj Yadav. Learned counsel submits that the case under Protection of Women from Domestic Violence Act has been filed by the wife, which is pending adjudication at Shikohabad, where the real brother and father of the opposite party no. 2 are the practicing Advocates. Learned counsel submits that whenever, the applicants visit the courts, they are pressurized and on 8th November, 2024, they were given threats. In this regard, he has drawn the attention of the Court to the complaint dated 12th November, 2024 (Annexure No. 9). Learned counsel prays that the pending case be transferred to Hathras.

Upon hearing the learned counsel for the applicants and considering his submissions, this Court finds that no exceptional ground is made out for transfer of the case to Hathras. Merely because, the close relatives of the complainant are practicing Advocates, it would not mean that the applicants would not get a fair chance to contest the case.

During the course of hearing, it is fairly stated by the learned counsel for the applicants that while granting interim maintenance in favour of the opposite party no. 2, proper opportunity was given to the applicants by the trial court to

contest the claim. The complaint relating to the alleged threat dated 8th November, 2024 is vague and is more concentrated on the status of the father and brother of the opposite party no. 2, who are practicing Advocates at Shikohabad. The apprehension of the applicants that they are not likely to get the fair chance to defend the case is absolutely misplaced.

Resultantly, the application fails and is hereby dismissed.

Order Date :- 22.4.2025 Brijesh

Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad