Mumbai: Bombay High Court Affirms Family Courts’ Competence in Domestic Violence Cases

Mumbai, December 30, 2023: In a landmark decision, the Bombay High Court ruled that Family Courts (FC) are competent to conduct proceedings and grant relief under the Domestic Violence Act (DV Act). The court further stated that proceedings under the DV Act can be transferred from the magistrate’s court to a family court, saving time, effort, and money for the parties involved.

Justice Kamal Khata addressed a petition seeking the transfer of DV Act proceedings from a magistrate’s court to an FC on December 20, emphasizing the benefits of such transfers for all parties involved.

The case involved a husband seeking the transfer of proceedings filed by his estranged wife from the magistrate’s court to the FC in Bandra. The couple, separated in 2019, had filed similar applications for divorce and maintenance in different jurisdictions. The court ruled in favor of transferring the case from the magistrate to the FC, preventing undue hardship and expenses for the husband.

This decision provides clarity on the jurisdiction of Family Courts in handling cases related to the Domestic Violence Act and the possibility of transferring such cases from magistrate’s courts to family courts for more efficient and consolidated proceedings.