Crl.O.P.No.5927 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

CRL.O.P.No.5927 of 2022

Arvind Ahuja

... Petitioner

Vs.

Shashi Ahuja

... Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C.,

to direct the learned Judicial Magistrate-I, to transfer of the D.V.C.No.28

of 2019 pending on the file of the learned Judicial Magistrate No.I,

Puducherry to the Judge, Family Court, Puducherry to adjudicate both

the cases H.M.O.P.No.217 of 2019 and D.V.C.No.28 of 2019 within time

limit as fixed by this Court.

For Petitioner : Mr.P.Suresh Philemon

For Respondent

: Mr.T.M.Naveen

O R D E R

This Criminal Original Petition filed is under Section 482 of

Cr.P.C., seeking for a direction, to direct the learned Judicial Magistrate-I,

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to transfer of the D.V.C.No.28 of 2019 pending on the file of the learned

Judicial Magistrate No.I, Puducherry, to the Judge of the Family Court,

Puducherry to adjudicate both the cases H.M.O.P.No.217 of 2019 and

D.V.C.No.28 of 2019 within time limit as fixed by this Court.

2.It is the contention of the learned counsel for the petitioner that

the relief sought in the Domestic Violence before the learned Judicial

Magistrate-1, Puducherry may also be decided by the Family Court,

Puducherry in order to avoid conflict of decisions. Accordingly, seeks

transfer of the case pending in D.V.C.No.28 of 2019, on the file of the

learned Judicial Magistrate-1, Puducherry to the Family Court,

Puducherry where H.M.O.P.No.217 of 2019 is already pending.

3.Learned counsel for the respondent would submit that since the

parties are from Puducherry, he has no serious objections in transferring

the cases.

4.Heard the learned counsel on either side.

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Crl.O.P.No.5927 of 2022

5.In the similar matter, this Court vide its order dated 12.11.2018

in Crl.O.P.No.16600 of 2017 has passed the following order;

4. This Court questioned the learned counsel for the

petitioner as to whether the proceedings under the Domestic

Violence Act can be sent to the Civil Curt and whether a

Civil Court will have the jurisdiction to entertain and try

such a petition. The learned counsel for the petitioners

brought to the notice of this Court Section 26 of the

Protection of Women from the Domestic Vilence Act, 2005,

Section 26(1) of the said act is extracted hereunder:-

“26.Relief in other suits and legal proceedings, -

(1) Any relief available under Sections 18, 18, 20, 21

and 22 may also be sought in any legal proceeding,

before a Civil Court, Family Court or a Criminal Court,

affecting the aggrieved person and the respondent

whether such proceeding was initiated before or after

the commencement of this Act, “

5.It is clear from the above that any relief that is

available under Sections 18, 19, 20, 21 and 22 may also be

sought for in any legal proceedings, before the Civil Court.

The whole purpose being that the parties should not be

facing multiple proceedings before different Courts and it

will be in the interest of the parties to consolidate all the

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Crl.O.P.No.5927 of 2022

proceedings to be tried before a Single Court. Therefore,

this Court is convinced that the Domestic Violence Petition,

which is pending before the Judicial Magistrate Court,

Neyveli, can be transferred to the file of the learned I

Additional Subordinate Court, Villupuram and the said

Court will have jurisdiction to try the petition by virtue of

Section 26(1) of the Act.

6.Such view of the matter, the D.V.C.No.28 of 2019 pending on the

file of the learned Judicial Magistrate No.I, Puducherry is directed to be

transferred to the file of the Family Court, Puducherry to adjudicate both

H.M.O.P.No.217