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SURYA KANT, UJJAL BHUYAN
James Philip – Appellant
Versus
Michelle Vinoy George – Respondent
ORDER
1. The petitioners are father-in-law, mother-in-law, husband and brother-in-law respectively of the respondent. They seek transfer of a Complaint Case No.MJCR/6153/2023 under Sections 12, 18, 19, 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005, pending before the Judicial Magistrate First Class, Jabalpur, Madhya Pradesh to the Court of Judicial Magistrate First Class, Kottayam, Kerala.
2. The marriage between petitioner no.3 and the respondent was solemnized on 04.01.2021. They statedly started residing in Bangalore after their marriage. It is alleged that respondent left her matrimonial home and started residing at Jabalpur in October 2022, but she again moved to Bangalore in January 2023. There she is residing in a separate flat. Petitioner No.3 is stated to have filed a divorce petition before the Family Court at Kottayam, but meanwhile the respondent filed the subject-complaint before the Judicial Magistrate First Class at Jabalpur, Madhya Pradesh. The petitioners consequently seek transfer thereof to the Court of Judicial Magistrate First Class, Kottayam, Kerala.
3. We have heard learned counsel for the petitioners and gone through the averments m
The court prioritized the respondent's convenience over the petitioners' request for transfer of the domestic violence complaint, allowing for video-conferencing to mitigate hardship.
Convenience alone does not warrant the transfer of domestic violence cases; the court prioritizes the integrity of proceedings and personal attendance.
In matrimonial proceedings, the convenience of the wife is a significant factor in determining the appropriate jurisdiction for legal proceedings.
Convenience of a custodial parent is a compelling reason for transferring divorce proceedings to avoid conflicting judgments in related cases.
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