The High Court may decline a transfer petition if the applicant fails to provide evidence of their current residence, as transfer without such proof may cause undue inconvenience to the opposing party and appear as an attempt to subject them to multiple proceedings.

ORDER

1. The petitioners through th e medium of present petition are seeking transfer of two petitions filed by them against the respondents under Section 12 of the Protection of Women From Domestic Violence Act (hereafter ‘the D.V.Act’) and under Section 125 Cr.P.C from the Court of learned Judicial Magistrate Ist Class, Tangmarg to any competent Court at Srinagar.

2. The ground urged for seeking transfer of the petitions is that petitioner No.1 alongwith her minor daughter is residing alone in Srinagar. It has been submitted that petitioner No.1 has to travel to Tangmarg to attend the Court proceedings which is at a distance of 50kms from Srinagar and the same causes immense physical and mental stress to her. It has been further submitted that respondent No.1 is a man of means and influence and he has the potential to harass petitioner No.1. It has been further submitted that the petitioners had to relocate themselves because of the threat posed by the respondents. It has also been submitted that the learned JMIC Tangmarg has not passed any interim order in terms of Section 23 of the D.V.Act even though more than ten hearings of the case have taken place. It has been submitted that the petitioners have been extended the services of an Advocate by District Legal Services Authority which shows that they are facing severe financial constraints.

3. The respondents have contested the petition by filing their reply. In the reply it has been submitted that the petitioner is a permanent resident of village Barzulla Tehsil Kunzer District Baramulla and that she is not residing at Srinagar. It has been submitted that the petitioner had initially filed a petition under Section 125 Cr.P.C before learned Judicial Magistrate 1st Class, Magam by stating that she is residing in a rented house at Badran, Magam, but when she was directed to produce the rent deed or any proof of tenancy, she failed to produce the same. Thereafter upon verification and due consideration, the learned JMIC, Magam transferred the case to the learned JMIC, Tangmarg. It has been further submitted that the respondents are not extending any threat or coercion upon the petitioners. It has been contended that the petitioners are merely attempting to avoid appearance before learned JMIC Tangmarg and they are filing multiple cases against the respondents.

4. I have heard learned counsel for the parties and perused the material on record, including the trial Court record.

5. Section 447 of BNSS vests power with the High Court to transfer cases. The transfer of a case from one Court to another within the jurisdiction of the High Court can be ordered if it is made to appear that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate to the High Court; or there is some question of law of unusual difficulty arising in a case; or that an order of transfer of case will tend to general convenience of the parties or witnesses; or that the same is expedient for the ends of justice.

6. In the present case the petitioners contend that they are residing at Srinagar and it is very harsh and cumbersome for them to attend the Court proceedings at Tangmarg where they have filed a petition under Section 12 of the D.V.Act against the respondents. The residential status of petitioners at Srinagar has been disputed by the respondents in their reply. It has been clearly stated by the respondents in their reply that the petitioner is residing at Barzulla Tangmarg Tehsil Kunzar District Baramulla. In the title of the petition, while the petitioners have ref