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Kiran (sdd)     09 September 2016

Dv case transfer to women court in chennai

Hi,

I'm facing a DV case in chennai metropolitan magistrate court. She has not appeared forthe last 3 hearings. In the last hearing my lawyer told DV case is transferred to women court in chennai. Can this happen?. Is it possible that a DV case gets transferred to women court?

Please help me in understanding this.

 



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 2 Replies

Mukesh sharma (job )     10 September 2016

Hi kiran its possible and you need to check with your lawyer 

thanks 

N.K.Assumi (Advocate)     10 September 2016

In the absence of specific provisions in the Act and Rules, I am of the opinion that the Courts do not have the power to transfer a petition under DV Act, pending before the Magistrate to any civil Court or Family Court or women Court as the case may be. Such transfer made is thus on the face of it not maintainable. Such a power if inferred or assumed would virtually deprive the aggrieved woman of the right to expeditious procedure for enforcement of her civil rights under the DVA through the structures established under the Code of Criminal Procedure, which the Parliament in its wisdom had conferred on her. 


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