Transfer of Domestic violence case to Family Court
Transfer of Domestic violence case to Family Court is an interesting topic of discussion and very recently The Hon’ble High Court of Mumbai in MISCELLANEOUS CIVIL APPLICATION NO.498 OF 2022 with MISCELLANEOUS CIVIL APPLICATION NO.500 OF 2022 pronounced on 2nd February 2023 held in para 19 of its judgment allowed the transfer of a Domestic violence case to the family court where the divorce case was pending .
Thank you for reading this post, don't forget to subscribe!“Reverting back to the facts of the case, considering the pleadings of the parties in both proceedings pending before two different courts, there is the possibility of conflicting verdicts by two courts, and transfer will reduce the burden of one Court resulting in saving of judicial time; and moreover, the transfer of proceedings will not cause inconvenience to the wife as she will not have to travel outside Pune, therefore, for the aforesaid reasons, in my opinion, both miscellaneous civil applications deserve to be allowed.”
Is right of Appeal lost when DV case transferred to family court?
No the right of appeal is not lost . In Santosh Machindra Mulik Vs Mohini Mithu Choudhari, the Bombay High Court in Misc. Civil Application No.64 OF 2019 has held that “ no party can be said to be losing his/her right of appeal; what is lost is a further right of revision.”
Court in Sandip Mrinmoy Chakrabarty v. Reshita Sandip Chakrabarty (Family Court Appeal No.31 of 2020 decided on 26th February 2021) wherein this Court while considering an appeal arising out of judgment deciding proceedings under DV Act and Family Courts Act, 1984 held that right under section 29 of the Family Court Act is not taken away
Important Judgments;
i) Machindra Mulik Vs Mohini Mithu Choudhari-Bombay High Court in Misc. Civil Application No.64 OF 2019
ii) Sandip Mrinmoy Chakrabarty v. Reshita Sandip Chakrabarty (Family Court Appeal No.31 of 2020 decided on 26th February 2021)
Conclusion
For any information for filing a transfer petition of a domestic violence case to a family court kindly click here
