Proceedings Initiated Under Domestic Violence Act Before Magistrate Cannot Be Transferred To Family Court: Kerala High Court
1 year, 7 months ago

Proceedings Initiated Under Domestic Violence Act Before Magistrate Cannot Be Transferred To Family Court: Kerala High Court

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The Kerala High Court on Wednesday laid down that proceedings initiated under the Protection of Women from Domestic Violence Act, 2005 before a Judicial Magistrate of the First Class cannot be transferred to a Family Court. Act, no application under Section 12 pending before a Magistrate can be transferred to a Family Court," the Bench observed. Act by filing an application under Section 12 or by applying in a pending proceedings by invoking Section 26 of the, if the respondents in the application to get the application transferred to a Family Court or other civil court, it would amount to denial of the special right conferred upon the aggrieved women. For these reasons, as mentioned hereinbefore, the Court observed that since women alone are given the right to file an application under Section 12 of the Act in order to claim the reliefs thereunder, allowing a respondent in an application to get the same transferred to a Family Court would amount to denial of the special right conferred upon the aggrieved women.

History of this topic

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