Authority: High Court of Uttarakhand at Nainital
Order Date: 17 July 2026
Case Overview
- Applicants: Bharat Grover and others; Respondents: State of Uttarakhand and another.
- Transfer Application No.01 of 2024 filed under Section 407 of the Criminal Procedure Code seeking transfer of Case No. 2598 of 2023 (Smt. Nimmi Rawat v. Shri Bharat Grover & Others), which involves Sections 12, 18, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, from the Court of the Additional Civil Judge (S.D.), Fifth, Dehradun to the Family Court, Kashipur, District Udham Singh Nagar.
- Ground for transfer: Applicant No.2, the father‑in‑law of Respondent No.2, is physically handicapped and a senior citizen; the distance between Jaspur and Dehradun is about 180 km, making travel difficult for Applicants Nos.2 and 3.
- Respondent’s counsel argued that only Applicant No.1 (the husband of Respondent No.2) has been regularly appearing before the trial court, and that the appearance of other applicants is required only when specifically directed. They further suggested that an application for exemption from personal appearance could be filed on behalf of the physically challenged applicant, removing the need for transfer.
Final Outcome
- The bench held that since exemption from personal appearance is available for the handicapped applicant and there is no requirement for all applicants to appear at every hearing, the principal ground for transfer is not sufficient.
- Accordingly, the transfer application is dismissed. The proceedings will continue before the Additional Civil Judge (S.D.), Fifth, Dehradun, and the applicant may seek exemption from personal appearance as per law.
Topics: Transfer Petition, Domestic Violence Act, Court Decision