With possibility of conflicting verdicts, Bombay HC transfers DV case from magistrate to family court

Observing that there’s a possibility of conflicting verdicts, the Bombay High Court has allowed a man’s application seeking transfer of domestic violence (DV) proceedings in a case filed by his wife from the magistrate’s court to the family court, where he has filed a divorce petition.

𝗧𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝘄𝗼𝘂𝗹𝗱 𝗿𝗲𝗱𝘂𝗰𝗲 𝗯𝘂𝗿𝗱𝗲𝗻 𝗼𝗳 𝗼𝗻𝗲 𝗰𝗼𝘂𝗿𝘁: 𝗛𝗖

Justice Amit Borkar also noted that the transfer of the case filed under the Protection of Women From Domestic Violence Act before the magistrate’s court would not be inconvenient as both the woman and the man are in Pune. Also, the transfer will reduce the burden of one court.

“There is the possibility of conflicting verdicts by two courts, and transfer will reduce the burden of one court, resulting in saving judicial time…,” said Justice Borkar.

The man’s advocates Abhijit Sarwate and Ajinkya Udane argued that the primary evidence in both the cases is the same. The efficacy of cross examination would be undermined if both are conducted separately, they argued.

However, Abhinav Chandrachud, advocate for the wife argued that the transfer would take away her statutory right to appeal and also take away her right of speedy disposal.

𝗙𝗮𝗺𝗶𝗹𝘆 𝗰𝗼𝘂𝗿𝘁𝘀 𝗲𝗺𝗽𝗼𝘄𝗲𝗿𝗲𝗱 𝘁𝗼 𝗱𝗲𝗮𝗹 𝘄𝗶𝘁𝗵 𝗗𝗩 𝗮𝗰𝘁

Justice Borkar remarked that it has consistently been held that proceedings under the DV Act can be transferred to the family court as it can effectively try and grant the relief sought. Family courts are empowered to deal with the reliefs under various sections of the DV Act, added Justice Borkar.

The court said that even if the reason that transferring proceedings would take away the right of speedy justice, the single judge would still have arrived at the same decision based on the other reasons.

Published on: Friday, February 03, 2023, 09:29 PM IST