December 25, 2021 1:58:26 am
THE BOMBAY High Court has held that a Domestic Violence (DV) case can be transferred to the family court hearing the matrimonial dispute as both the cases arise out of “common and connected” issues and the transfer is required for convenience of trial and to avoid any conflicting decisions.
The court, however, held that other cases connected or arising out of a DV case need not be transferred to the family court. The bench observed that the summons case, which was filed in connection with non-compliance of orders in the DV case, would not have a direct bearing on the proceedings before the family court, therefore need not be transferred along with DV case.
A single-judge bench of Justice C V Bhadang on December 15 was hearing a plea of a man seeking to transfer DV case filed against him by his wife from Metropolitan Magistrate court to the family court. Advocate Rohini Amin for the petitioner said the couple, which got married in February 2011, and had twins in 2015 , however the marriage thereafter ran into “rough weather” and as a result, the parties are litigating before different courts.
In February 2020, the woman filed a DV complaint against her husband. She also moved a complaint of non-compliance of an order in the DV case based on which the magistrate court initiated a summons case against the husband and his parents. In January this year, the man filed a plea seeking dissolution of marriage in the Bandra family court alleging cruelty and mistreatment by wife, and custody of the children. The plea is pending before the court.
Advocate Surel Shah for the respondent wife argued that as the summons case was to be tried along with the DV case, transfer to the family court would curtail her right to appeal against the court’s orders in the DV case and sought rejection of the plea by the husband.
Advocate Hare Krishna Mishra for the respondent husband’s parents supported the plea for the transfer of all cases arising out of DV case to family court. The judge observed that the proceedings under DV Act are “predominantly of a civil nature” and noted, “…common and connected questions would arise in both (matrimonial dispute and DV case) these petitions and therefore it would be appropriate if the proceedings pending before the Metropolitan Magistrate are transferred to the family court.”
However, the bench, with reference to pendency of the summons case, said the petitioner has not sought its transfer. The wife sought for the summons case to be tried with the DV complaint, which the court did not accept.
After the wife sought stay on the operation of the HC order, the bench accepted the request and stayed its verdict for three weeks.
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