Does the availability of alternative options for grievance redressal, deprive the aggrieved person of her right to approach the Magistrate with a petition under Section 12 of the Protection of Women from Domestic Violence Act? Does this Court have power to direct transfer of a petition under Sec. 12 pending before the Magistrate to a Family Court, where another dispute between the same parties is pending? These questions arise for consideration in these petitions. I am satisfied and both counsel agree that this transfer petition and the Crl.M.C. can be disposed of by a common order. Accordingly, I have taken up both these matters together for consideration.

2. The first respondent in these petitions is admittedly the wife of the petitioner herein. The marriage had taken place as early as on 8-11-1977. The parties are living separately from 11-4-1982. It is unnecessary to refer to the prior history of litigations between the parties. Suffice it to say that at the moment two petitions are pending before the Family Court at Kottayam. The first is for divorce filed by the petitioner herein and the second is an Original Petition claiming an amount of Rs. 36,55,000 under various heads by the first respondent against the petitioner. There are other relief’s also claimed in the said petition before the Family Court.

3. While those petitions were pending before the Family Court, the Protection of Women from Domestic Violence Act, hereinafter referred to as DVA, was enacted by the Parliament and rules were framed. The 1st respondent herein, in these circumstances, filed C.M.P.No.33 of 2007 before the Judicial First Class Magistrate III, Kottayam claiming relief’s under Sections 19, 20 and 22 of the DVA. An application in the prescribed Form II was filed under Section 12 of the DVA claiming the said relief’s.

4. The petitioner has received notice in C.M.P. 33 of 2007 issued by the learned Magistrate. The petitioner had appeared before the learned Magistrate. After entering appearance, the petitioner has come straight to this Court and filed these petitions.

5. Transfer petition No.6 of 2007 is filed by the petitioner to transfer C.M.P. 33 of 2007 from the file of the J.F.C.M. III, Kottanam to the Family Court, Kottayam at Ettumanoor, where the above said Original Petitions between the parties are pending.

6. Crl.M.C.165 of 2007 has been filed by the petitioner for quashing all proceedings initiated by the first respondent by filing an application under Section 12 of the DVA claiming relief’s under Sections 19, 20 and 22 of the Act.

7. I have heard the learned counsel for the petitioner and the first respondent in detail. I shall first deal with the prayer for transfer of the case.

8. The Protection of Women from Domestic Violence Act, 2005 is a piece of legislation brought in by the Parliament as the Parliament felt that the civil law does not provide relief’s to a victim woman subjected to domestic violence. It is in these circumstances, to provide for a remedy under the civil law for protection of women from being victims of domestic violence, that the DVA was brought in by the Parliament. It will be apposite to take note of the fact that though it is a piece of civil law, evidently in the interests of expedition and to cut down procedural delays, the forum provided for enforcement of rights under DVA is that of the Magistrate Courts constituted under the provisions of the Cr.P.C. A reading of the Introduction, Statement of objects and reasons and Preamble etc. makes the position absolutely clear. There is no provision anywhere in the Act which permits or authorizes transfer of a petition filed under Section 12, which is pendings before the Court of a Magistrate to any other court. Powers under the Cr.P.C. do not evidently clothe superior courts with power to transfer a proceeding pending before a criminal court to any other civil court. Though the rights created and the relief’s granted under the DVA are essentially civil in natu