Del HC | If a proceeding is pending before Family Court, would this warrant the application under S. 12 Domestic Violence Act to be transferred to Family Court? Read on

Delhi High Court: Mukta Gupta, J., while addressing a matrimonial matter, highlighted the scope of the Protection of Women from Domestic Violence Act,

PWDV Act provides for a complete mechanism for enforcement of the rights claimed under Section 12 of PWDV Act and merely because the rights as provided under Sections 18 to 22 of PWDV Act can be claimed in other legal proceedings also does not imply ouster of jurisdiction of the Magistrate to try the matter once divorce proceedings have been filed.

Due to the petitioner and respondent’s marriage running into rough weather, respondent had to leave the matrimonial home. After which the respondent filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act (PWDV Act) against the petitioner and his parents.

In 2014, petitioner filed a divorce petition against the respondent.

By the present petition, petitioner sought transfer of complaint filed by the respondent under Section 12 of the PWDV Act and the execution petitions filed to the Principal Judge, Family Courts, South-East District, Saket Courts.

Analysis, Law and Decision

Present petition hinges on the interpretation of Section 26 of the PWDV Act.

In P. Rajendran v. Sasikala, Criminal Original Petition No. 29522 of 2013, decided on 14-09-2017, Madras High Court followed the decision on Capt. C.V.S Ravi v.  Ratna Sailaja, Crl. O.P. No.17122 of 2008, reiterated that merely because Family Court can grant reliefs under Sections 18 to 22 of the PWDV Act, it does not lead to the conclusion that an application filed by an aggrieved person under Section1 2 of the PWDV Act was required to be transferred to the Family Court.

Bench noted that Section 26 of the PWDV Act reveals that it permits availing of the reliefs provided under Sections 18, 19, 20, 21 and 22 of the PWDV Act in any other legal proceedings before a civil or criminal court and in case such a relief is granted than information to this extent was required to be given to Magistrate dealing with the application under the PWDV Act.

Section 26 of PWDV Act does not contemplate ouster of jurisdiction of the Magistrate even in a case some relief as contemplated under Sections 18 to 22 of the PWDV Act is granted by the civil or criminal court in some other legal proceedings.

High Court expressed that:

“…even if a proceeding is pending before the Family Court, the same will not warrant the application under Section 12 of PWDV Act to be transferred to the Family Court.”

 Court found that the petitioner had been delaying the proceedings in the application under Section 12 of the PWDV Act and was not complying with the Magistrate’s order, while avoiding making payment of maintenance to the respondent.

Hence, it was directed to conclude proceedings under Section 12 of PWDV Act as expeditiously as possible.

No reason was found to transfer the proceedings before the Metropolitan Magistrate to Family Court, therefore, petition was dismissed. [Sandeep Aggarwal v. Viniti Aggarwal, Tr. P. (Crl) 19 of 2020, decided on 07-04-2021]


Advocates before the Court:

For the Petitioner: Aditya Goel, Advocate

For the Respondent: Lalit Gupta, Sidharth Arora, Advocates with the respondent in person.

One comment

Join the discussion

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.