Domestic Violence
Issuance of bailable warrants—Challenged—There is no justification whatsoever for the trial court to have issued bailable warrants in an application filed under the provisions of the Domestic Violence Act—Proceedings under the Domestic Violence Act are quasi criminal proceedings which do not have any penal consequence except where there is a violation or breach of a protection order—Magistrate was absolutely unjustified in directing issuance of bailable warrants against the petitioner.
[Para 5]
Transfer of case—Petition has been filed by petitioner (daughter-in-law of sole respondent) seeking transfer of case filed by the respondent (mother-in-law) under the provisions of the Domestic Violence Act pending in the court of Metropolitan Magistrate, Tis Hazari Court, Delhi to Court of Chief Judicial Magistrate, Ludhiana District, Punjab—Submission that the petitioner is having a specially abled minor son who is suffering from hearing impairment—Petitioner is unemployed and is fully dependent on her father for her survival—Fact that proceedings of divorce petition filed by husband of the petitioner have already been transferred by the Apex Court from Family Court, Tis Hazari, Delhi to Family Court, Ludhiana District Court, Punjab—Petition allowed.
[Paras 4 & 6]