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CDJ 2026 SC 519 print Preview print print
Court : Supreme Court of India
Case No : Transfer Petition(s)(Criminal) No(s). 901 of 2025
Judges: THE HONOURABLE MR. JUSTICE RAJESH BINDAL & THE HONOURABLE MR. JUSTICE VIJAY BISHNOI
Parties : Hansika Aswal Alias Hansi Versus Savitri Rawat & Another
Appearing Advocates : For the Petitioner: ----- For the Respondents: -----
Date of Judgment : 19-03-2026
Head Note :-
Protection of Women from Domestic Violence Act, 2005 - Section 12 -
Judgment :-

1. The present petition has been filed by the petitioner (daughter-in -law) seeking transfer of Criminal Miscellaneous Case bearing MC/445/2024 titled as "Savitri Rawat vs. Hansika Aswal Alias Hansi" filed by the respondent No.1 (mother-in-law) under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the Court of Chief Metropolitan Magistrate, Dwarka, New Delhi to the corresponding jurisdiction at Rohtak, Haryana.

2. By this Court's order dated 04.12.2025, the matter was referred for mediation. As per report dated 12.01.2026 received from the Supreme Court Mediation Centre, the mediation has failed.

3. After hearing the learned counsel appearing for the parties, in our opinion, a case is made out for transfer of criminal proceedings as the petitioner resides with her widowed mother at Rohtak, which is more than 70 Kms. from Delhi. She further claims to be unemployed. The proceedings in two other cases are already pending at Rohtak.

4. Accordingly, Criminal Miscellaneous Case bearing MC/445/2024 titled as "Savitri Rawat vs. Hansika Aswal Alias Hansi" pending before the Court of Chief Metropolitan Magistrate, Dwarka, New Delhi is hereby transferred to the Court of Chief Judicial Magistrate at Rohtak, Haryana, who may either keep the matter with himself or entrust the same to any other Court of competent jurisdiction. It can be assigned to the Court dealing with any other matter between the parties arising out of matrimonial dispute, if that Court is competent to deal with the case in question.

5. Records shall be sent promptly by the Court where proceedings are pending to the transferee Court.

6. In case video conferencing facilities are available in the transferee Court, the parties may be permitted to appear through video conferencing.

7. We also direct that if possible common date can be given in all the matter(s) pending between the parties so as to enable them to appear in all the case(s) on a single day instead of different dates.

8. Accordingly, the Transfer Petition is allowed.
 
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