Criminal Procedure Code, 1973
Section 407—Transfer of case—Prayer for—Petitioner seeking transfer of domestic violence case pending before the court of MM, Karkardooma Courts to the Family Court, Saket and club with HMA case pending before the Family Court, Saket—Plea of petitioner is that in view of Section 26 of the Domestic Violence Act, the relief as provided under the Domestic Violence Act can be granted by the Family Court Act and therefore no prejudice would be caused to the respondent, if matter under Domestic Violence Act is transferred to the Family Court—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 of the DV Act can be granted by the Family Court or Civil Court, however, the original jurisdiction to file the application under Section 12 of the DV Act is only with jurisdictional Magistrate—It cannot be said that the jurisdiction of the Family Court and the DV Act court are concurrent—There is material difference between the legal proposition that Family Court can also grant the relief as provided under Section 18 to 22 of the DV Act, in the pending dispute and that Family Court has original jurisdiction to entertain the application under Section 12 of the Domestic Violence Act—Application under Section 12 of the DV Act can only be filed before the jurisdictional Magistrate—Transfer of such proceedings to the Family Court would also take away the right of the aggrieved women to avail the right of appeal—Prayer rejected.
[Paras 31 to 33]