IMPORTANT POINT
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.

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 made in the transfer petition.

4. It seems to us that the transfer of complaint is likely to cause more hardship to the respondent as compared to the inconvenience expressed on behalf of the petitioners. As far as petitioner nos.1 and 2, i.e., the parents-in-law of the respondent are concerned, the ends of justice can be adequately met by granting them exemption from personal appearance and permitting them to appear through video-conferencing. Ordered accordingly.

5. The petitioner nos.3 and 4 are granted liberty to approach the Judicial Magistrate First Class, Jabalpur, Madhya Pradesh, where the complaint is pending, to exempt them from personal appearance and/or permit them to appear through video-conferencing mode. Such an application, if moved by them, shall be objectively considered by the Court concerned in accordance with law.

6. With the aforementioned directions, the transfer petition stands disposed of.