Saket Court, Delhi: A petition was filed under Section 408 of the Criminal Procedure Code (CrPC), seeking the transfer of an application under Section 12 of the Protection of Women from Domestic Violence Act from the court of Mahila Court, Saket to the court of the Principal Judge, Family Court, Saket stemming from a divorce petition filed by the respondent in the Family Court. Rajneesh Kumar Gupta, J., dismissed the transfer petition and held that the application under Section 12 of the Protection of Women from Domestic Violence Act, pending before the Magistrate’s court, cannot be transferred to the Family Court grounded in the interpretation of the law, which dictates that while other courts may grant reliefs specified in Sections 18 to 22 of the Act, the exclusive authority to adjudicate matters under Section 12 rests with the Magistrate.
The Court meticulously analyzed the legal provisions and referred to relevant precedents establishing the jurisdictional limits of the Family Court and Civil Court concerning matters under the Domestic Violence Act. The Court’s analysis centered on the interpretation of Section 26 of the Domestic Violence Act. It was observed that while a Magistrate has exclusive jurisdiction to consider applications under Section 12 of the Act, other courts, including Family Courts, have the authority to grant reliefs specified in Sections 18 to 22 of the Act. However, this authority does not extend to entertaining applications under Section 12.
The Court also emphasized the distinction between concurrent jurisdiction and the specific powers conferred upon Magistrates to adjudicate matters under the Domestic Violence Act. It was clarified that the relief sought under Section 12 cannot be transferred to a Family Court or Civil Court, as explicitly stated in the relevant legal provisions and judicial pronouncements.
Thus, the Court held that the application under Section 12 of the Protection of Women from Domestic Violence Act pending before the Magistrate’s court cannot be transferred to the Family Court. The Court dismissed the transfer petition, emphasizing that the jurisdictional boundaries set forth in the Domestic Violence Act must be respected.
[Ashish Abrol v. Poonam Bhardwaj, 2024 SCC OnLine Dis Crt (Del) 4, decided on 04-03-2024]
Advocates who appeared in this case :
Shri Indronil Mukherjee, proxy counsel for applicant.
Ms. Bhavya Garg, counsel for applicant through video conferencing.
Respondent with Counsel Shri Namit Saxena.
