The petitioner who is husband seeks transfer of D.V.C.No.86 of 2011 from IV Metropolitan Magistrate Court, Hyderabad to the Family Court, Secunderabad where O.P.No.611 of 2012 is pending for divorce. The petitioner’s counsel placed reliance on Section 26 of the Protection of Women from Domestic Violence Act, 2005 (in short ‘the Act’) as enabling provision for the relief claimed herein.

Section 26 of the Act reads as follows:

“26. Relief in other suits and legal proceedings: -(1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this Act.

(2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court.

(3) In case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief.”

O.P