Bombay HC Allows Husband's Plea to Transfer Proceedings under DV Act from Magistrate Court to Family Court Where His Divorce Case Is Pending

A single-judge bench of the Bombay High Court comprising Justice Amit Borkar has recently allowed a plea by a husband seeking transfer of proceedings from a magistrate court in Pune to the city’s family court.

The HC while allowing the plea of the husband noted that there was a possibility of conflicting verdicts by the two courts, and it will not cause inconvenience to the wife.

The order reads, “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 that there is the possibility of conflicting verdicts by two different Judges and that the primary evidence in both cases would be the same. He submitted that if both 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 is a possibility of conflicting verdicts. She submitted that the apprehension of efficacy of cross-examination is misplaced and the aim of the Domestic Violence Act is 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 judgement 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 HC 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,” it said.

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

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