Protection-From-Deomestic-Violence

Leave a Comment / LegalBlogs / By

Table of Contents

Subscribe

Protestion From Domestic Violence

Application u/s 12 of the PWDV act 2005 for legal remedies & relief.

The Delhi High Court has observed that an application under Section 12 of the Domestic Violence Act can only be filed before the jurisdictional magistrate.

Section 12 states that an “aggrieved person” or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under the Domestic Violence Act.

Justice Dinesh Kumar Sharma agreed with a Kerala High Court ruling in Vineet Ganesh v. Priyanka Vasan wherein it was held that proceedings initiated under the Domestic Violence Act before a Judicial Magistrate of the First Class cannot be transferred to a Family Court.

 “The application under Section 12 can only be filed before the jurisdictional Magistrate. The transfer of such proceedings to the Family Court would also take away the right of the aggrieved women to avail the right to appeal,” Justice Sharma held. The court said that the scheme of the Domestic Violence Act makes it clear that the Family Court or other Civil Court do not have original jurisdiction to entertain an application under Section 12 of the enactment.  It further noted that the women alone can claim relief provided under Section 12 to 18 of the DV Act by filing an application under Section 12 or by applying any pending proceedings by virtue of Section 26. The court observed that if proceedings in DV Act are transferred to a Family Court or other Civil Court, amount to denial of the special right conferred upon the aggrieved women. Further, it may also amount to asking the aggrieved women to go to a forum which may be inconvenient to her, the court said.

Justice Sharma made the observations while dismissing a plea moved by a husband seeking transfer of the complaint filed by the wife under DV Act in Karkardooma Courts to Saket Courts where her divorce petition was filed. The husband sought clubbing of the two matters. Dismissing the petition, the court observed that the reliefs under the Family Court Act can be sought between the parties to a marriage as prescribed in the explanation to Section 7 of the Act.  However, it added that the relief under the Domestic Violence Act are wide ranging from the right to share household, protection orders, residence orders, custody orders, monetary reliefs and compensation orders.

“The Scheme of the Family Court Act and DV Act and in particular Section 26 (3) of the DV Act makes it clear that though the relief under Section 18 to 22 can be granted by the Family Court or Civil Court,

However, the original jurisdiction to file the application under Section 12 is only with the jurisdictional magistrate. Thus, it cnnot be said that the jurisdiction of the Family Court and the DV Act Court are concurrent,” the court said. It added that the Family Court can entertain an application only from the parties to a marriage, whereas the proceedings under the DV Act can be instituted by any female living in a relationship in the nature of marriage or living in a relationship.

“It has to be understood that there is material difference between the legal proposition that family Court can also grant the relief as provided under Section 18 to 22, in the pending dispute and that Family Court has original jurisdiction to entertain the application under Section 12 of the DV Act. The application under Section 12 can only be filed before the jurisdictional Magistrate,” the court said.

Click Judgement

Related Posts

Leave a Comment

Your email address will not be published. Required fields are marked *