Pramila Goyal And Another vs Nidhi Sharma

Ravindra Maithani, J

The applicants seek transfer of Misc. Case No. 206 of 2024, Nidhi Sharma Vs. Dipanshu Goyal and others (“the case”), under Section 12 read with Section 23 of the Protection of Women From Domestic Violence Act, 2005 (“the Act”) from the court at Haridwar to the court at Roorkee or any other court.

Heard learned counsel for the applicants and perused the record.

The respondent had file an application under Section 12 of the Act which is basis of the case. It is pending in the court at Haridwar.

It is the case of the applicants that the brothers of the respondent are active and practicing Advocates in the same court complex where the case is pending and it gives rise to genuine and reasonable apprehension in the mind of the applicants that the court proceedings may be influenced. Thereby impartiality and fairness may be compromised. On these and other grounds transfer of the case has been sought.

Learned counsel for the applicants submits that the brother of the respondent is a practicing Advocate in the Haridwar court. Therefore, the applicants apprehend that they may not get a fair trial. Therefore, the case may be transferred.

Mere on allegations that one of the relatives of the party is a practicing Advocate, the case may not be transferred. Mere these allegations may not doubt the impartiality and independence of judiciary. The applicants are residents of Bhatinda, Punjab. The respondent stays at Haridwar where the case is pending.

Having considered, there is no reason to transfer the case from the court at Haridwar to any other court. Accordingly, the transfer application deserves to be dismissed.

The transfer application is dismissed.