ORDER :

1. This Transfer Civil Miscellaneous Petition is filed seeking to transfer the proceedings in D.V.C.No.45 of 2018 pending on the file of the learned Judicial Magistrate Court at Tambaram to the file of the Sub Court at Tambaram, and for a direction to the Sub Court at Tambaram to conduct joint trial in H.M.O.P.No.715 of 2017 and D.V.C.No.45 of 2018.

2. Heard Mr.A.Mohan, learned counsel for the Petitioner.

Mr.C.Deivasigamani, learned counsel, accepts notice on behalf of the Respondent. Also heard Mr.N.Manokaran, learned counsel, who assisted this Court, as regards the issue in question.

3. Today, when this matter is taken up 'for admission', this Court posed a question to the learned counsel for the Petitioner that, when the proceedings in D.V.C.No.45 of 2018 are pending before the Criminal Court, whether Section 24 C.P.C. can be invoked to transfer the matter from a Criminal Court to a Civil Court.

4. Learned counsel for the Petitioner submitted that, only Article 227 of the Constitution of India can be invoked for transferring a case from a Criminal Court to a Civil Court.

5. Though, Section 26 of the Domestic Violence Act empowers the parties to approach the Family Court, Civil Court or Criminal Court, the hurdle is that, no party is empowered to file a case directly before any one of the said Forums.

6. Under the Domestic Violence Act, the aggrieved wife has to make a representation to the Social Welfare Officer, who, after verification, has to lodge a complaint only before the Judicial Magistrate, who takes up the case based on the complaint. Hence, the Social Welfare Officer cannot directly lodge a complaint before the Family Court or Civil Court.

7. Section 26 of the Domestic Violence Act empowers that, violence on the part of the husband can be resolved by various other Courts, and that, powers of the Criminal Court in dealing with offences under the Domestic Violence Act, are only civil in nature.

8. Section 125 Cr.P.C. can also be invoked by the wife before the Criminal Court to claim maintenance, which is civil in nature. In this regard, this Court posed a question to the learned counsel for the parties as to whether Section 24 C.P.C. can be invoked to transfer a case from a Criminal Court to a Civil Court or Family Court, even though the dispute is civil in nature.

9. Mr.A.Mohan, learned counsel for the Petitioner, has mainly relied on a Bombay High Court decision in the case of Minoti Subhash Anand vs. Subhash Manoharlal Anand, reported in 2016 (1) AIR Bom.R (Cri) 247, wherein, it is held that the High Court is empowered to transfer any proceedings even pending before Criminal Court which is subordinate to High Court or over which High Court has power of superintendence to another Criminal Court, which is subordinate to High Court or over which High Court has power of superintendence. Relevant portion of the said decision is extracted hereunder:

“16. A perusal of the Miscellaneous Civil Application filed by the applicant clearly indicates that the applicant has not only invoked the provisions under section 24 of the Code of Civil Procedure, 1908 but has also invoked general and inherent jurisdiction and jurisdiction under Article 227 of the Constitution of India. It is not in dispute between the parties that the reliefs claimed by the applicant before the learned Metropolitan Magistrate under the provisions of Domestic Violence Act can be granted by the Family Court. Section 24 of the Code of Civil Procedure, 1908 in my view will have to be read with the Bombay High Court Appellate Side Rules, 1960 and in particular Rule 6 of Chapter I. A conjoint reading of section 24 of the Code of Civil Procedure, 1908 and Rule 6 of Chapter I of the Bombay High Court Appellate Side Rules, 1960 clearly indicates that an application for transfer of suits, appeals, criminal cases or other proceedings pending for trial or disposal in any Civil Court or Criminal Court subordinate to the High Court or over which the High Court has power