Refusing to transfer a domestic violence case from Shahjahanpur to Sant Kabir Nagar, the Allahabad High Court has said that the availability of video conferencing has substantially reduced the hardship caused by distance.
The Court observed that when litigants can seek permission to participate in proceedings virtually under the Uttar Pradesh Video Conferencing Rules, 2020, inconvenience in traveling by itself cannot be treated as a sufficient ground for transferring a case.
Justice Vikram D. Chauhan passed the order on an application moved by Gaurav Kumar Rai, who had sought transfer of proceedings pending under the Protection of Women from Domestic Violence Act, 2005.
The applicant contended that it was difficult for him to appear before the Shahjahanpur court and requested that the matter be shifted to Sant Kabir Nagar.
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In the instant transfer application, the applicant has sought transfer of Complaint Case, which is filed under various sections of Protection of Women from Domestic Violence Act, 2005, Police Station Rauja, District Shahjahanpur, pending in the court of Civil Judge (J.D.)/F.T.C., Shahjahanpur, to any court in Sant Kabir Nagar.
The High Court, however, found that the issue was no longer res integra. It referred to its earlier judgment in Smt. Sunita Devi vs. State of U.P. and another, in which it had established the right of litigants to seek participation in court proceedings through video conferencing in accordance with the aforementioned 2020 Rules.
According to the Court, the Rules were framed under Articles 225 and 227 of the Constitution with the objective of reducing the practical problems faced by litigants, including long-distance travel, security concerns and similar difficulties, while preserving the fairness and credibility of judicial proceedings.
In view of this statutory framework, the Bench held that the reasons cited by the applicant did not warrant transfer of the case from one district to another.
The transfer plea was, therefore, dismissed. At the same time, the petitioner was given liberty to move the trial court for permission to join the proceedings through video conferencing.
The Court ruled that,
“It is hereby directed that all courts and authorities shall act in aid of the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020.”
The High Court directed that any such application, if filed under the 2020 Rules, should be decided expeditiously in accordance with law.
Case: Gaurav Kumar Rai vs State of U.P. and Another
Case No: Transfer Application No. – 379 of 2026
Date of Order: 02.07.2026
Status: Disposed of
