Case Note & Summary
The petitioner, Sandip Mrinmoy Chakraboarty, filed a Criminal Writ Petition before the Bombay High Court seeking transfer of proceedings under the Protection of Women from Domestic Violence Act, 2005, pending before the Judicial Magistrate First Class at Cantonment Court, Pune, to the Family Court at Pune. The respondent wife, Reshita Sandip Chakrabarty, had earlier filed a divorce petition under the Special Marriage Act, 1954, before the Family Court, Pune, seeking dissolution of marriage, custody of the minor son, and maintenance. The husband filed a written statement and counterclaim in the divorce proceedings. Subsequently, the wife filed an application under Section 12 of the Domestic Violence Act before the Magistrate, impleading the husband and his parents as respondents. The husband sought transfer of the Domestic Violence proceedings to the Family Court for joint trial. The High Court considered the provisions of Section 7 of the Family Courts Act, 1984, and Section 26 of the Domestic Violence Act, which allow the Family Court to deal with applications under the Domestic Violence Act. The Court noted that the Family Court is a civil court and has jurisdiction to try both matters together to avoid multiplicity of proceedings and conflicting orders. The Court allowed the petition, transferring the Domestic Violence proceedings to the Family Court, Pune, and directed the Family Court to try both matters together or one after the other, as deemed fit. The Court also directed the parties to appear before the Family Court on a specified date.
Headnote
A) Family Law - Transfer of Proceedings - Domestic Violence Act - Section 7 Family Courts Act, 1984 - Section 26 Protection of Women from Domestic Violence Act, 2005 - The petitioner husband sought transfer of proceedings under the Domestic Violence Act from the Magistrate to the Family Court where divorce petition was pending - The Court held that the Family Court has jurisdiction to try both matters together to avoid multiplicity of proceedings and conflicting orders - Transfer allowed in the interest of justice and convenience of parties (Paras 1-20).
Issue of Consideration
Whether proceedings under the Protection of Women from Domestic Violence Act, 2005 pending before a Magistrate can be transferred to the Family Court for joint trial with a pending divorce petition under the Special Marriage Act, 1954.
Final Decision
The High Court allowed the petition and directed the transfer of the proceedings under the Protection of Women from Domestic Violence Act, 2005 from the file of the Judicial Magistrate First Class, Cantonment Court, Pune to the Family Court, Pune. The Family Court was directed to try both matters together or one after the other, as deemed fit. The parties were directed to appear before the Family Court on 15.10.2018.
Law Points
- Transfer of proceedings
- Domestic Violence Act
- Family Court
- joint trial
- convenience of parties
- Section 7 of Family Courts Act
- Section 26 of Protection of Women from Domestic Violence Act
Case Details
2018 LawText (BOM) (09) 64
Criminal Writ Petition No.4649 of 2015
Mr. Abhijit Dilip Sarwate for the Petitioner, Mr. Sanjay Bhojwani a/w. Ajinkya Udane for Respondent Nos.1 & 2, Mr. K.V. Saste, APP for Respondent State
Sandip Mrinmoy Chakraboarty
Reshita Sandip Chakrabarty & Anr.
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Nature of Litigation
Criminal Writ Petition seeking transfer of proceedings under the Protection of Women from Domestic Violence Act, 2005 from the Magistrate to the Family Court.
Remedy Sought
The petitioner husband sought transfer of the Domestic Violence proceedings pending before the Judicial Magistrate First Class at Cantonment Court, Pune to the Family Court at Pune for joint trial with the pending divorce petition.
Filing Reason
To avoid multiplicity of proceedings and conflicting orders, and for convenience of parties.
Previous Decisions
The wife had filed a divorce petition (P.A.No.1386/2013) before the Family Court, Pune on 16.12.2013 under the Special Marriage Act, 1954. The husband filed a written statement and counterclaim. The wife also filed an application under Section 12 of the Domestic Violence Act before the Magistrate on 11.02.2014.
Issues
Whether the proceedings under the Domestic Violence Act pending before the Magistrate can be transferred to the Family Court for joint trial with the divorce petition.
Submissions/Arguments
The petitioner argued that the Family Court has jurisdiction to try both matters together under Section 7 of the Family Courts Act and Section 26 of the Domestic Violence Act, and that joint trial would avoid multiplicity of proceedings and conflicting orders.
The respondents opposed the transfer, but the Court found merit in the petitioner's submissions.
Ratio Decidendi
The Family Court has jurisdiction under Section 7 of the Family Courts Act, 1984 and Section 26 of the Protection of Women from Domestic Violence Act, 2005 to try proceedings under the Domestic Violence Act along with a pending divorce petition, as it is a civil court and such joint trial avoids multiplicity of proceedings and conflicting orders.
Judgment Excerpts
The present Writ Petition is filed by the Petitioner, thereby seeking transfer of the proceedings pending on the file of the learned Judicial Magistrate First Class at Cantonment Court, Pune to the Family Court at Pune.
The Family Court is a civil court and has jurisdiction to try both matters together to avoid multiplicity of proceedings and conflicting orders.
Procedural History
The wife filed a divorce petition (P.A.No.1386/2013) before the Family Court, Pune on 16.12.2013 under the Special Marriage Act, 1954. The husband filed a written statement and counterclaim. The wife then filed an application under Section 12 of the Domestic Violence Act before the Judicial Magistrate First Class, Cantonment Court, Pune on 11.02.2014. The husband filed the present Criminal Writ Petition on 23.10.2015 seeking transfer of the Domestic Violence proceedings to the Family Court. The High Court heard the matter and delivered judgment on 06.09.2018.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: 12, 26
- Special Marriage Act, 1954:
- Family Courts Act, 1984: 7
