JUDGMENT :

Heard Mr. M.J. Quadir, learned counsel for the petitioners. Also heard Mr. M. Sarma, learned counsel for the respondent Nos.2 and 3 and Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

2. This petition, under Section 407 of the Code of Criminal Procedure, 1973, is preferred by four petitioners, namely, Gias Uddin Ahmed, Begum Firoza Ahmed, Semim Imtiaz Ahmed and Rojee Begum @ Roji Begum, for transferring the Misc.(DV) Case No.03/2022 filed by the respondent No.2 against the petitioners and the respondent No.3, pending in the Court of learned Judicial Magistrate First Class, Lakhimpur, North Lakhimpur, to the Court of learned Chief Judicial Magistrate, Kamrup(M), Guwahati. It is to be noted here that the Misc.(DV) Case No.03/2022, is filed by the respondent No.2 against the petitioners and also against the respondent No.3.

THE FACTUAL BACKGROUND:-

3. The background facts leading to filing of the present petition is briefly stated as under:-

“The respondent No.2 got married to respondent No.3 on 11.09.2015 and thereafter, they lived together as husband and wife in the house of the respondent No.3 and petitioner Nos.1, 2, 3 and 4, situated at Kumarpara, Panchali, Bharalumukh. After some years, discord surfaced between the petitioners and the respondent Nos.2 and 3. Thereafter, the respondent No.2, who hails from North Lakhimpur, left the matrimonial home and there she had lodged one case under the Domestic Violence Act before the learned Chief Judicial Magistrate, North Lakhimpur, alleging that she was subjected to immense physical and mental harassment by the petitioners. Upon the said case, the learned Judicial Magistrate, First Class, North Lakhimpur, issued process to the petitioners and the petitioners have been appearing therein from Guwahati.”

4. The petitioners case is that the allegation made in the said domestic violence case is false and that the respondent No.2 is living in Guwahati and her daughter is also pursuing studies in Guwahati and that she has falsely shown in the case filed before the Court of learned Judicial Magistrate First Class, North Lakhimpur that she has been residing in her parental abode at North Lakhimpur. Further, the case of the petitioners is that only with a view to harass the petitioners, the respondent No.2 has lodged the case against them and that there are four cases between the respondent No.2 and the petitioners and all of them are pending in the Court at Guwahati and that the petitioner Nos.1 and 2 are old and ailing persons of 71 years and 70 years, respectively, and the petitioner No.1 is suffering from ailments of heart and they are not in a position to undertake journey from Guwahati to North Lakhimpur on account ill health and therefore, it is contended to transfer the Misc.(DV) Case No.03/2022 from the Court of Judicial Magistrate First Class, North Lakhimpur to the Court of learned Chief Judicial Magistrate, Kamrup(M), Guwahati.

5. The respondent No.2 had filed Affidavit-in-Opposition denying the averments made in the transfer petition. It is stated that her permanent address is Bharalumukh as she married to respondent No.3 and that she was subjected to both physical and mental harassment by the petitioners in the matrimonial home and she was forced to leave the matrimonial home and also to resign from her job in a private Firm where she was working as a Business Development Manager, and thereafter, she left for her parental abode at North Lakhimpur. It is further stated that she had opened one Insurance Policy in the name of her daughter and there it is indicated that she resides at Lakhimpur, and that the Protection Officer had also prepared one Domestic Incidence Report wherein also her present address is indicated as Lakhimpur. Therefore, it is contended to dismiss the petition.

6. It is to be noted here that the petitioners have filed one additional affidavit and brought on record the complaint of Domestic Violence Act bef