Court: Calcutta High Court, Circuit Bench at Jalpaiguri
 Bench: Hon’ble Justice Md. Shabbar Rashidi
 Judgment Date: 28 July 2026

CASE OVERVIEW

This case was decided by the Calcutta High Court on 28 July 2026. The husband and his family members asked the High Court to transfer a domestic violence case from Malda to Cooch Behar. They said it was difficult and unsafe for them to attend the court in Malda because they were attacked during an earlier visit. The Court had to decide whether these reasons were enough to transfer the case under Section 407 of the Code of Criminal Procedure, the Court decided that there were no strong reasons to transfer the case and dismissed the petition.

FACTS

The facts of the case are after the marriage of the husband and the wife. The wife alleged that her husband and his family treated her badly. That she was mentally and physically harassed and was not respected in her matrimonial home. She also said that when her family tried to settle the matter peacefully, they were insulted and the attempts to solve the dispute failed.

The wife filed a case under the Protection of Women from Domestic Violence Act, 2005 before the Magistrate at Malda. She asked the Court for protection from further violence, monthly maintenance, a place to live, return of her stridhan (gold ornaments and other belongings), and compensation for the mental and physical suffering she had faced.

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The husband and his family denied all the allegations. They claimed that the wife had hidden certain facts before marriage and had behaved badly with them. They also said that she had filed a false domestic violence case. They further alleged that when they went to the Malda Court to attend the case, they were attacked by the wife and some other people. Because of this incident, they said they no longer felt safe travelling to Malda and requested the High Court to transfer the case to Cooch Behar.

The wife opposed this request. She denied attacking the petitioners and argued that the transfer application was only filed to delay the domestic violence case and she also told the Court that she was working and had to take care of her elderly parents. Travelling to another district for every hearing would create more problems for her.

COURT’S OBSERVATIONS/ REASONING

The Court first referred to Section 27 of the Protection of Women from Domestic Violence Act, 2005. It explained that a woman can file a domestic violence case in the place where she is living. Since the wife was living in Malda, the Court held that the Magistrate at Malda had the legal authority to hear the case.

The Court then looked at Section 407 of the Code of Criminal Procedure, which gives the High Court the power to transfer cases. The Court said that this power should be used only when there are strong and genuine reasons. Only saying that travelling is inconvenient or making allegations is not enough.

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The petitioners claimed that they had been attacked while attending the court in Malda. However, the Court found that they had not produced any strong evidence to support this claim. There was no clear proof that any criminal case was properly registered.

The Court also noticed that the husband was a government school teacher and one of the other petitioners was working as an Anganwadi worker. At the same time, the wife was also employed and had the responsibility of looking after her elderly parents. The Court felt that if the case was transferred to Cooch Behar, it would create even more difficulty for the wife.

The Judge clearly stated that while deciding a transfer application, the Court must think about the convenience of both parties. It cannot transfer a case only because one side says it is difficult for them. Since the wife had filed the case before a court that had proper jurisdiction and the petitioners could not prove any exceptional circumstances, the Court did not find any genuine reason to transfer the case.

DECISION

The High Court dismissed the transfer petition filed by the husband and his family members. It held that they had failed to show any valid or convincing reason for shifting the domestic violence case from Malda to Cooch Behar. The Court directed that the case should continue before the Magistrate at Malda. The criminal revisional application and all connected applications were also disposed of.

CONCLUSION

This judgment shows that a court will not transfer a case unless there are strong and genuine reasons for doing so. A person cannot get a case transferred only by saying that it is inconvenient or by making allegations without proper evidence. The Court also protected the right of the wife to continue her case in the place where she was living, as allowed under the Domestic Violence Act.

Download Pdf – Jyotibala Biswas & Ors. v. Sabita Biswas

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Editorial Note: This article has been reviewed by the LegalRath Editorial Team to ensure legal accuracy, editorial quality, and clarity before publication.