SC Allows Transfer Plea Of 100% Visually Disabled Husband In Domestic Violence Case [Read Order]

The Supreme Court recently allowed the transfer petition filed by a husband seeking transfer of a domestic violence case filed against him by his wife.

The Bench comprising Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud noted that the Petitioner-husband is 100% visually disabled and has Deep Vein Thrombosis in his right leg. It therefore considered it appropriate to transfer the case from the Judicial Magistrate First Class, District Singrauli, M.P. to the Court of competent jurisdiction in District Jamshedpur, Jharkhand.

The Court further directed the transferee Court to "make all endeavor either for amicable settlement or for early decision in the matter without unnecessary adjournments".

In his plea, besides highlighting the difficulty that he would face, the Petitioner had also emphasized on the fact that his wife had filed a Petition under Section 125 of the Code of Criminal Procedure for grant of maintenance at a Family Court in Jamshedpur and had been appearing before it on all occasions. The domestic violence case in Singrauli was, therefore, contended to be filed "with the sole intention to harass the Petitioner".

He had further recalled instances where his wife had allegedly attacked him along with a few goons and had asserted that he apprehended a danger to his life if he travelled all the way to Singrauli for the trial.