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2011 Supreme(Mad) 4867

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. Venkataraman, J.
Selin Raja alias Maria Selin Raj
Versus
Lawrence alias Lawrence Antonia
Tr. C.M.P. No. 733 of 2011 and M.P. No. 1 of 2011
Decided on: 9 December 2011

Advocates:
Advocate Appeared:
Ms. S. Geetha, for Petitioner

The Family Court has ample power under Section 26 of The Protection of Women from Domestic Violence Act, 2005, to deal with proceedings initiated by the wife under the Act.

Headnote:

Protection of Women from Domestic Violence Act, 2005 - Transfer of Case - The court allowed the transfer petition of the husband to move the domestic violence case from the Metropolitan Magistrate to the Family Court, citing the ample power given to the Family Court under Section 26 of The Protection of Women from Domestic Violence Act, 2005.

Fact of the Case:

The husband filed a transfer petition against his wife for the transfer of a domestic violence case from the Metropolitan Magistrate to the Family Court.

Finding of the Court:

The court allowed the transfer petition as the respondent did not appear before the court, and the Family Court was deemed to have ample power to deal with the proceedings initiated by the wife under the Domestic Violence Act.

Issues: Transfer of domestic violence case from Metropolitan Magistrate to Family Court.

Ratio Decidendi: The Family Court has ample power under Section 26 of The Protection of Women from Domestic Violence Act, 2005, to deal with proceedings initiated by the wife under the Act.

Final Decision: The Transfer Civil Miscellaneous Petition was allowed, and the Metropolitan Magistrate was directed to transmit all the papers pertaining to the case to the Family Court.

ORDER

1. Even though the respondent has been served and the name of the respondent appears in the cause list, the respondent has not chosen to appear before this Court either in person or through a pleader. Hence, the matter is decided on merits.

2. The petitioner husband has come up with the present transfer petition against his wife, the respondent herein, for transfer of D.V. No. 2587 of 2011, which is pending on the file of X Metropolitan Magistrate, Egmore, to the file of III Additional Judge, Family Court, Chennai, to be tried along with O.P. Nos. 93 of 2011 and 603 of 2011.

3. To contradict the reason set out in the affidavit, no counter affidavit has been filed on behalf of the respondent. As stated already, the respondent is not present before this Court.

4. That apart, Section 26 of The Protection of Women from Domestic Violence Act, 2005, gives ample power to the Family Court to deal with the proceedings initiated by the wife under the Domestic Violence Act.

5. In view of the above stated position, I am of the considered view that the request of the petitioner has to be acceded to.

6. The learned X Metropolitan Magistrate, Egmore is directed to transmit all the papers pertaining to D.V. No. 2587 of 2011 to the file of the learned III Additional Judge, Family Court, Chennai, immediately, after receipt of a copy of this order.

7. Accordingly, the Transfer Civil Miscellaneous Petition is ordered. No costs. Consequently, the connected miscellaneous petition is closed.

Ordered accordingly.


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