JUDGMENT :

1. By this common order, two transfer applications, one filed by the petitioners Amarjeet Singh Sudan and Jasbir Kour and the other filed by the petitioner Jaslok Singh, are proposed to be disposed of.

2. It appears that respondent No.1 Diksha Singh has filed a petition under the provisions of Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 (hereinafter referred to as the ‘DV Act.) against the petitioners before the Court of Judicial Magistrate First Class (Additional Munsiff), Srinagar. The respondent Diksha Singh happens to be the wife of the petitioner Jaslok Singh, whereas, the petitioners Amarjeet Singh and Jasbir Kour happen to be the parents of petitioner Jaslok Singh and parents-in-law of respondent Diksha Singh.

3. The petitioners, after narrating their side of the story as regards the merits of the petition filed by respondent Diksha Singh before the learned trial Magistrate, have sought transfer of the proceedings from the Court of Judicial Magistrate First Class (Munsiff), Srinagar to any other Court of competent jurisdiction at Jammu. According to the petitioners Amarjeet Singh and Jasbir Kour, they are residing at Jammu and they are not used to cold weather of Sriangar, particularly, because they are suffering from various ailments. They have further submitted that the respondent Diksha Singh, in order to harass them, has filed the proceedings at Srinagar. It has been further submitted that no prejudice would be caused to the said respondent in case the proceedings are transferred to Jammu.

4. The petitioner Jaslok Singh has, after narrating his version regarding merits of the case, sought transfer of the proceedings to Jammu on the ground that the Court at Srinagar has no jurisdiction to entertain the petition filed by his wife as they have never permanently or temporarily resided at Srinagar. It has been further submitted that petitioner Jaslok Singh is a resident of United Kingdom and he has no relative or friend in Srinagar to follow the proceedings before the trial Magistrate. It has been submitted that the proceedings have been initiated by respondent Diksha Singh at Srinagar only to harass him and that if the same are transferred to Jammu, no prejudice would be caused to her.

5. The respondent Diksha Singh has filed a reply to the instant transfer application in which it has been contended that after her marriage with the petitioner Jaslok Singh, she was subjected to torture, harassment and humiliation by the petitioners. While denying the allegations made by the petitioners on merits of the case, respondent Diksha SIngh has submitted that learned trial Magistrate has, after deriving satisfaction as to veracity of the acts of domestic violence committed against her, passed an interim monetary compensation of Rs.20000/- per month in her favour in terms of order dated 22.10.2018, but the petitioner Jaslok Singh has not paid even a penny to her. It has been submitted that the instant transfer petitions are merely a ploy to evade execution of the orders of learned trial Magistrate. It has been further submitted that the petitioner Jaslok Singh has already filed a petition under Section 482 CrPC before Srinagar of the High Court, challenging the proceedings which are subject of the instant transfer applications. It has also been submitted that sister-in-law of the petitioner Jaslok Singh has also challenged the proceedings of the trial Magistrate by filing a petition under Section 482 Cr.PC before Srinagar wing of the High Court. It has been submitted that, in case the proceedings are transferred to Jammu, it will cause grave prejudice to the respondent as she has no accommodation at Jammu. Regarding the contention of the petitioner Jaslok Singh relating to jurisdiction of the Court at Srinagar, the respondent Diksha Singh has placed on record a copy of order dated 11.10.2021 passed by the learned Judicial Magistrate First Class (Additional Munsiff) Srinagar whereby the learned