The Delhi Court reminds that cases filed under Section 12 of the Domestic Violence Act can’t be shifted to the Family Court according to Indian law

The Court affirms the exclusive jurisdiction of Magistrates in adjudicating applications under Section 12 of the Act, thereby ensuring clarity and coherence in the administration of justice.

Saket Court in Delhi recently dealt with a case where a request was made to transfer a matter under Section 12 of the Protection of Women from Domestic Violence Act from the Mahila Court in Saket to the Family Court, headed by the Principal Judge, due to a divorce petition filed in the Family Court by the respondent. Judge Rajneesh Kumar Gupta dismissed the transfer petition, stating that the application under Section 12, which was being heard by the Magistrate’s court, cannot be shifted to the Family Court. This decision was based on the understanding that while other courts can provide relief as outlined in Sections 18 to 22 of the Act, only the Magistrate holds the authority to adjudicate matters under Section 12.

The Court carefully examined legal provisions and past judgments to clarify the jurisdictional boundaries of the Family Court and Civil Court regarding cases under the Domestic Violence Act. It was highlighted that although Family Courts and other courts have the power to grant relief mentioned in Sections 18 to 22, they do not have jurisdiction over Section 12 applications.

Furthermore, the Court emphasized the difference between concurrent jurisdiction and the specific authority vested in Magistrates to handle matters under the Domestic Violence Act. It was clarified that requests under Section 12 cannot be transferred to a Family Court or Civil Court, as explicitly outlined in legal provisions and judicial precedents.

Consequently, the Court ruled that the Section 12 application pending before the Magistrate’s court cannot be moved to the Family Court. The transfer petition was dismissed, with the Court emphasizing the importance of adhering to the jurisdictional boundaries defined in the Domestic Violence Act.