‘Proceedings under DV Act criminal in nature’

Rendering a categorical finding that transferring DV Act proceedings to the family court or civil court would defeat the very purpose of the penal provisions as contemplated under the Act, Justice SM Subramaniam said, “Such a transfer would result in aggrieved women, who instituted the proceedings under Section 12 of the Domestic Violence Act, being deprived of getting appropriate relief and justice as contemplated under the Act.” 

He noted that DV Act, Family Courts Act, Law for Maintenance, Custody of Children, etc. were enacted to protect the interest of women. “Hence, the proceedings under those special enactments are to be regulated as per the provisions of such Acts and not otherwise,” the court said. 

Pointing out that Article 227 does not permit the High Court to entertain a petition to transfer a criminal case to a civil court or a civil case to a criminal court, Justice Subramaniam observed, “The multiple options provided under various special enactments facilitating the aggrieved women to redress their grievances are to be dealt in accordance with the provisions of such enactments and speedy disposal being the paramount importance. 

“Courts are bound to ensure all such cases affecting women must be disposed of at the earliest possible. Protraction and prolongation of such litigations can never be encouraged by the courts,” Justice Subramaniam stressed. 

The issue on hand related to a matrimonial dispute pending at the family court in Chennai and a complaint given by the wife under DV Act pending at Metropolitan Magistrate Court in Saidapet. The husband moved the plea seeking to transfer the case under DV Act, wherein he reportedly inflicted violence on his wife, to the family court.