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The high court while refusing to transfer the case said that the husband can appear through his advocate.
A Single Judge Bench of the Bombay High Court comprising Justice RG Avachat has recently rejected a plea filed by the husband for the transfer of a case under the Domestic Violence Act from Mumbai to Silvassa.
The high court said that since the proceedings under the Act are of civil nature the husband need not appear before the court personally. The order read,
“Since proceedings under Section 12 of the D.V. Act are in the nature of civil proceedings, the Applicants need not appear before the court dealing with the said proceedings in Mumbai. The Applicants may appear through their Advocate and cooperate to take the proceedings to its logical conclusion without any hindrance.”
Court was hearing a plea filed by the husband seeking the transfer of the domestic violence case to Silvassa registered in Mumbai by his wife in Mumbai. The husband argued before the court that he and wife were residing in Silvassa and that their son was taking education there as well. Further, a 498A IPC case was also registered in Silvassa, he submitted.
He further submitted before the court that only with the view to harass him, the case under the Domestic Violence Act had been registered in Mumbai.
The court recorded in its order that the wife and her parents hailed from Mumbai and only on account of marriage she was residing at Silvassa. On account of the matrimonial discord, she had come to Mumbai and therefore the court was inclined to transfer the case.
Court disposed of the case while noting that the husband need not appear in civil proceedings in Mumbai and can appear through his advocate.
Case Title: Varun Shalikram Tiwari vs Mamta Varun Tiwari & Ors
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