Bombay High Court Allows Husband's Plea To Transfer Proceedings Under DV Act From Magistrate Court To Family Court

A Single Judge Bench of the Bombay High Court comprising Justice Amit Borkar has recently allowed a plea by a husband who sought transfer of proceedings from a Magistrate Court Pune to the Family Court Pune.

The high court while allowing the plea of the husband noted that there was a possibility of conflicting verdicts by the two courts. The order read,

“There is the possibility of conflicting verdicts by two courts, and transfer will reduce the burden of one Court resulting in saving of judicial time; and moreover, the transfer of proceedings will not cause inconvenience to the wife as she will not have to travel outside Pune, therefore, for the aforesaid reasons, in my opinion, both miscellaneous civil applications deserve to be allowed”

The husband argued before the high court there was the possibility of conflicting verdicts by two different Judges and that the primary evidence in both cases would be same. He submitted that if both the proceedings are conducted separately, the efficacy of cross-examination would be undermined and transfer will reduce the burden of two different courts resulting in saving of judicial time.

The wife disputed the contention that there was a possibility of conflicting verdicts. She submitted that the apprehension of efficacy of cross-examination was misplaced and the aim of the Domestic Violence Act was to provide speedy remedy to the wife, and such transfer will take away the right of speedy justice and the statutory right of appeal.

The court while allowing the husband’s plea relied on Sandip Mrinmoy Chakrabarty v. Reshita Sandip Chakrabarty wherein the court had held that an appeal arising out of judgment deciding proceedings under the Domestic Violence Act and Family Courts Act, would not take away the right under section 29 of the Family Court Act.

The court said that it has been a consistent view of the court that proceedings under the Domestic Violence Act can be transferred to the Family Court.

“The consistent view of various Single Judges of this Court that proceedings under the DV Act can be transferred to the Family Court constrains me to hold it is unnecessary to refer the matter to the Larger Bench because the position of law on the point appears to have been settled by the aforesaid decisions,” the court held.

Advocate Abhijit Sarwate and Advocate Ajinkya Udane appeared for the husband and Advocate Abhinav Chandrachud and Advocate Sumant Deshpande appeared for the wife.

Case Title: Vijay Suryakant Kakade vs Anushka Vijay Kakade & Ors

Statue: Domestic Violence Act 2005, Indian Penal Code 1860, Family Court Act 1984