Case Note & Summary
The case involves a transfer application filed by the husband (applicant) seeking transfer of a Domestic Violence complaint filed by the wife (respondent) before the Metropolitan Magistrate 44th Court at Andheri, Mumbai, to the Family Court at Bandra, Mumbai. The husband argued that two petitions between the parties were already pending before the Family Court at Bandra. The court, after hearing the applicant's advocate at length and perusing the record, was not inclined to grant any relief. Despite the court's indication and warning that costs would be imposed if arguments continued, the advocate persisted. The court dismissed the application, holding that the transfer was not warranted and that the filing was frivolous, amounting to an abuse of process. Costs of Rs. 25,000 were imposed on the applicant.
Headnote
A) Transfer of Cases - Domestic Violence Complaint - Transfer Application - The husband filed an application to transfer a Domestic Violence complaint from the Metropolitan Magistrate at Andheri to the Family Court at Bandra, Mumbai. The court found no merit in the application and dismissed it with costs of Rs. 25,000, observing that the applicant's advocate continued arguing despite the court's disinclination and warning. (Paras 1-3)
Issue of Consideration
Whether a transfer application seeking transfer of a Domestic Violence complaint from one court to another should be allowed when the applicant fails to show any legal ground for transfer.
Final Decision
The transfer application is dismissed with costs of Rs. 25,000 to be paid by the applicant to the respondent.
Law Points
- Transfer of proceedings
- Domestic Violence Act
- Frivolous litigation
- Abuse of process
- Imposition of costs
Case Details
2025 LawText (BOM) (09) 121
Miscellaneous Civil Application No. 423 of 2024
Ms. Pooja Jalan for the Applicant, Mr. Reshant Shah i/b Lex Conseiller for the Respondent
Srikant Shyamanand Chaturvedi
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Nature of Litigation
Transfer application seeking transfer of Domestic Violence complaint from one court to another.
Remedy Sought
Transfer of Domestic Violence complaint from Metropolitan Magistrate 44th Court at Andheri, Mumbai to Family Court at Bandra, Mumbai.
Filing Reason
Two petitions between the parties are pending before the Family Court at Bandra.
Issues
Whether the transfer application should be allowed when the applicant fails to show any legal ground for transfer.
Submissions/Arguments
The applicant argued that two petitions between the parties are pending before the Family Court at Bandra, and therefore the Domestic Violence complaint should be transferred to the same court.
Ratio Decidendi
A transfer application without merit, filed despite the court's disinclination and warning, amounts to an abuse of process and warrants dismissal with costs.
Judgment Excerpts
After hearing learned Advocate for the Applicants at length and after perusing the entire documents on record, when this Court was not inclined to grant any relief as prayed for, the Advocate for Applicant, still went on arguing the matter.
Thereafter this Court warned her that if the argument still continued further, cost will be imposed upon her client. Still the Advocate for the Applicant continued with her submissions.
Procedural History
The applicant filed a transfer application before the High Court of Judicature at Bombay seeking transfer of a Domestic Violence complaint from the Metropolitan Magistrate 44th Court at Andheri, Mumbai to the Family Court at Bandra, Mumbai. The court heard the applicant's advocate and dismissed the application with costs.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005:
