Point of Law: Section 26 further permits an aggrieved person to seek reliefs in a pending proceedings, which were instituted even before commencement of Domestic Violence Act. Thus legislative intention under Section 26 is to provide multiple options to aggrieved women litigants to redress their grievances in a speedy manner and further, not to prohibit such litigants from approaching Civil Court for appropriate relief as contemplated under various other enactments, even after institution of proceedings under 'DV Act'.

JUDGMENT :

Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code read with Article 227 of the Constitution of India, to withdraw the proceeding in DVC No.43 of 2019 on the file of the learned XVII Metropolitain Magistrate, Saidapet and transfer the same to the file of the V Additional Family Court at Chennai.

1. The Registry, High Court of Madras, raised an objection regarding the maintainability of the Transfer Civil Miscellaneous Petition as the relief sought for in the petition is to withdraw the proceedings in DVC No.43 of 2019 from the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai and transfer the same to the file of the V Additional Family Court at Chennai. Thus, this case is listed under the caption 'For Maintainability'.

FACTS OF THE CASE

2. The marriage between the 1st petitioner/husband and the respondent was solemnized on 06.06.2016 at Coimbatore as per the Hindu Rites and Customs. The 1st petitioner and the respondent started their matrimonial life in Singapore and thereafter, misunderstanding arose between them and the 1st petitioner/husband stated that the respondent/wife deserted him on 02.08.2018. Thus, the 1st petitioner/husband issued notice and filed a petition in O.P.No. 4652 of 2018 on the file of the V Additional Family Court, Chennai, seeking the relief of Restitution of Conjugal Rights.

3. The respondent/wife filed a Domestic Violence Complaint to the Social Welfare Officer, Chennai and after conducting an enquiry, the Social Welfare Officer has filed a Report to the XVII Metropolitan Magistrate's Court, Saidapet, Chennai, and the learned Magistrate took cognizance of the complaint and numbered the petition as D.V.C.No.43 of 2019.

4. The respondent/wife further filed the Maintenance Case in M.C.No.482 of 2018, seeking maintenance, which is pending before the V Additional Family Court, Chennai. Under these circumstances, the present transfer petition is filed to transfer the Domestic Violence Act case in D.V.C.No.43 of 2019 pending before the learned XVII Metropolitan Magistrate's, Saidapet, Chennai to the V Additional Family Court, Chennai for joint trial.

5. The question of legal importance arose in the present petition is that, whether the High Court in exercise of the power of superintendence under Article 227 of the Constitution of India, transfer the criminal proceedings from the Criminal Court / Magistrate Court to the Family Court / Civil Court, when the powers of transfers of cases are already conferred on the High Court under the provisions of the Criminal Procedure Code and Civil Procedure Code.

6. Presuming, the powers under Article 227 of the Constitution of India is exercised, in order to transfer of a criminal case to a Civil Court or Family Court, what would be the consequences and the provisions governing such transfers and the Constitution of Special Courts under the Special enactments.

7. Yet another question raised is that whether the judgment of this Court in the case of Mohana Seshadri Vs. Anuja, reported in CDJ 2020 MHC 944 can be followed as a precedent, so as to pave way for the litigant to file a transfer petition in order to transfer a criminal proceedings to the Civil Court or Family Court.

8. In the said case of Mohana Seshadri (supra), the High Court exercised the powers under Article 227 of the Constitution of India and transfered the cases only on extraordinary circumstances, taking note of the particular facts and circumstances. Thus, such an exercise of power of discretion, exercised occasionally with reference to the facts cannot be construed as a precedent, so as to develop the practice of filing a transfer petition under Article 227 of the Constitution of India for transferring a criminal proceedings from the Court of Criminal law to the Civil Court or Family Court. Thus, the case cited by the petitioners need not be relied upon for the purpose entertaining a transfer petition under Article 227 of the Constitution of India. In the presen