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HC: S.26 of DV Act does not ouster the jurisdiction of the Magistrate even if relief as U/S.18 to S.22 of the DV Act is granted in other proceedings

Team SoOLEGAL 26 Apr 2021 3:18pm

HC: S.26 of DV Act does not ouster the jurisdiction of the Magistrate even if relief as U/S.18 to S.22 of the DV Act is granted in other proceedings

In the case Sandeep Aggarwal Vs. Viniti Aggarwal, the petitioner was asking to transfer the complaint which was filed by the respondent under Section 12 of Protection of Women from Domestic Violence Act, 2005 from the Court of Learned Metropolitan Magistrate to the Learned Principle Judge Family Court, where the petitioner had filed an application for divorce. The complainant argued that both the petitions derive from the parties' matrimonial conflict, in which both parties have levelled accusations and counter-allegations, and thus the entire proof of the parties is the same.

According to the petitioner, as the Court of Learned Metropolitan Magistrate is overburdened hence, recording of evidence would be difficult. Thus, in the interest of justice, all of the above cases should be consolidated and resolved by a single Court to uphold judicial propriety and prevent contradictory decisions. The Court had referred to a case, Smt. Neetu Singh Vs. Sunil Singh, in which it was held that, Section 26 of the said Act has been implemented with the intention that in addition to the provisions mentioned under Section 12 any aggrieved person is eligible to get reliefs which are available under Section 18, 19, 20, 21 and 22 of the said Act in any legal proceeding.

The Court had also referred another case, Capt. C.V.S. Ravi Vs. Mrs. Ratna Sailaja in which the Court was of the view that, transfer of a pending application filed under Section 12 of the Act from the file of the learned Magistrate to the file of the Family Court cannot be ordered unless the Court has been expressly authorised to consider an independent application filed under Section 12 of the Act. Single Bench of Justice Mukta Gupta of Delhi High Court was hearing the case and was of the view that, the PWDV Act provides a comprehensive procedure for enforcing the rights asserted in Section 12 of the PWDV Act, and the fact that the rights asserted in Sections 18 to 22 of the PWDV Act can also be asserted in other legal proceedings does not mean that the Magistrate's authority to try the matter has been lost once divorce proceedings have been filed.



Tagged: Section 12   Protection of Women   Domestic Violence Act   Family Court   Learned Metropolitan Magistrate   Delhi High Court   PWDV Act  
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