Saswati Ray vs Riya Roy (Kar)

Joymalya Bagchi, J.

The petitioner is a respondent in a proceeding initiated by the opposite party No. 1 under the provisions of the Protection of Women from Domestic Violence Act, 2005. She is admittedly the mother in law of the opposite party No. 1. It is claimed that no relief has been sought for against her in the said proceeding. It is further claimed that it is difficult for her (the petitioner herein) to attend the proceeding pending before the learned 5th Judicial Magistrate at Asansol, Burdwan. I have perused the materials on record. I find that the allegations of domestic violence occurred within the territorial jurisdiction of the learned Judicial Magistrate and he has the jurisdiction to entertain and try the proceeding. Inconvenience of the parties to attend the proceeding by itself is not a ground of transfer. The petitioner is entitled to make appropriate application before the concerned Court to seek permission to be represented by her learned lawyer. If such application is made, the learned Magistrate shall consider the same in accordance with law bearing in mind that the petitioner is a permanent resident of Delhi and the fact that the identity of the petitioner is not challenged in the instant proceeding. I however, do not find any reason to transfer the instant proceeding, as prayed for.

With the aforesaid observations, the revisional application is disposed of. Copy of the order be sent down to the Court of the learned Judicial Magistrate.