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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Arun R. Pedneker, J.
Anuraag Agarwal - Applicant
Versus
Poonam Agarwal nee Mukim and ors. - Respondent
Miscellaneous Civil Application No.159 of 2023
Decided On : 09-07-2024
JUDGMENT :
1. By the present Application under Section 24 of the Code of Civil Procedure, 1908, the Applicant-Husband seeks transfer of D.V. proceeding initiated by the Respondent-Wife for maintenance and residence order, before the Metropolitan Magistrate, 15th Court at Sewree, Mumbai to IVth Family Court, Bandra to be heard and decided along with Divorce Petition No.727 of 2022 filed by the Applicant/husband before the Bandra Family Court. The prayer (a) in the Application reads as under.
2. The facts leading to the filing of the Application in brief are as under:
(i) Seeking her maintenance and maintenance of daughter and directing the Respondent to pay fees and expenses of the daughter including medical expenses.
(ii) Seeking residence order directing the Respondent to pay the licenses fee of the existing apartment occupied by the Respondent-Wife.
3. The matter has proceed before the Family Court so also before the Magistrate Court and the chart is produced by the Respondent as to the status of the matter before both the Courts, which is reproduced below :
| Sr.No. | Date | Matter in Family Court | Matter in ACMM Court |
| 1 | 07.04.2022 | For Compliance |
|
| 2 | 04.05.2022 | For Compliance |
|
| 3 | 19.05.2022 | Compliance |
|
| 4 | 07.06.2022 | Compliance |
|
| 5 | 08.06.2022 | Counselling |
|
| 6 | 18.06.2022 | Counselling |
|
| 7 | 25.08.2022 | Report of the Marriage Counsellor |
|
| 8 | 10.11.2022 | Report of the Marriage Counsellor |
|
| 9 | 08.02.2023 | Report of the Marriage Counsellor |
|
| 10 | 14.03.2023 |
| The D.V Complaint was filed;
Interim Application under S.23 of the DV Act, was also filed ;
Notice was issued to the Respondent ; Adjourned to 17.03.23 for the Respondent’s say; |
| 11 | 17.03.2023 |
| Court was Vacant |
| 12 | 18.03.2023 |
| Order to issue notice to the Respondent was passed. |
| 13 | 27.03.2023 |
| Respondents filed their Vakalatnama;
Complainant filed a Compilation of Documents;
Complainant filed an Application for issuing a warrant to the Respondent; Matter was adjourned to 06.04.2023 of the Respondent’s say on our Application. |
| 14 | 06.03.2023 |
| The Respondents filed their say to Application for issuing a warrant ; The Respondent filed an Application challenging the maintainability of our Application for issuing a warrant; The matter was adjourned. The Respondents filed their affidavit in reply to Interim Application for maintenance ; |
| 15 | 12.04.2023 |
| Court was vacant ; |
| 16 | 24.04.2023 | To file Written Statement |
|
AI
The court emphasized the summary nature of D.V. proceedings and the necessity for timely relief, ruling against transferring such proceedings to avoid delays in maintenance and residence orders.
The court established that the transfer of domestic violence proceedings to the Family Court is justified to ensure a cohesive resolution of related matrimonial issues.
The court emphasized the civil nature of proceedings under the Domestic Violence act and the jurisdiction of the Family Court to entertain complaints under the act of 2005.
Point of law: Domestic relationship is defined in Section 2(f) of D.V. Act as a relationship between two persons who live or have, at any point of time, lived together in a shared household, when the....
The Family Court can adjudicate applications under the Protection of Women from Domestic Violence Act, allowing for transfer from Magistrate Court to promote judicial efficiency without depriving the....
The court clarified that applications under Section 12 of the Domestic Violence Act must be adjudicated by a Magistrate, not a Family Court, emphasizing the jurisdictional boundaries established with....
Family and Personal Law - Transfer of complaint - Petitioner has been delaying the proceedings in the application under Section 12 of PWDV Act, also not complying with the orders passed by Magistrate....
(1) There is no specific bar on Family Court to try PWDV proceedings.(2) Appeal – A litigant neither has right to appeal in a particular forum nor can insist on a particular procedure.
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