CASE TITLE:
P. ARUN PRAKASH VS S. SUDHAMARY
DATE OF ORDER:
1ST APRIL, 2021
JUDGE(S):
Hon’ble Justice S.M. SUBRAMANIAM
PARTIES:
Petitioner-
1.P. Arun Prakash
2.K. Paramasivam
3.P. Chandraprabha
Respondent- Sudhakar
SUBJECT
Is it possible for the High Court to transfer criminal proceedings from the Criminal Court to the Family Court in the exercise of its superintendence powers under Article 227 of the Indian Constitution, when the High Court already has transfer powers under the Criminal Procedure Code and the Civil Procedure Code?
IMPORTANT PROVISIONS
Domestic Violence Act, Code of Criminal Procedure, Code of Civil Procedure, Family Courts Act, Article 227 of the Constitution of India.
BRIEF FACTS
- The marriage of 1st petitioner and the respondent took place on 06.06.2016 at Coimbatore as per Hindu Customs. The couple started living their married life in Singapore and misunderstanding arose between them which left respondent deserting the 1st petitioner on 02.08.2018 and this led the petitioner file a case in Additional Family Court in Chennai for the restitution of conjugal rights.
- The respondent filed a Domestic Complaint to the Social Welfare Officer in Chennai. The respondent also filed a maintenance case seeking maintenance in Additional Family Court, Chennai.
- The question of legal significance raised in the present petition is whether the High Court, in exercising its superintendence under Article 227 of the Constitution of India, can transfer criminal proceedings from the Criminal Court / Magistrate Court to the Family Court / Civil Court, when the High Court already has transfer powers under the Criminal Procedure Code and the Civil Procedure Code.
Domestic Violence Act
The 'DV Act' makes it clear that an application for one or more reliefs under the Act can be filed with the Judicial Magistrate Class I or the Metropolitan Magistrate, depending on the case.As envisioned by Section 28 of the 'DV Act,' proceedings are governed by the Code of Criminal Procedure.
Generalia Specialibus Non Derogant
When there is a conflict, general and special provision, the later will prevail.
It was held that general laws would prevail over Special Act.
Code of Criminal Procedure
The Criminal Procedure Code section 407 gives the High Court the authority to transfer cases and appeals.
As a result, the High Court has the authority to transfer the matter from one court to another as the case may be as anticipated by Section 407 of the CrPC.
Family Courts Act, 1984
The powers given under Section 7(2)(a) of the Family Courts Act, 1984 will be used to try any applications seeking maintenance for the wife, children, and parents alone. As a result, in terms of the jurisdiction anticipated by the DV Act, the Family Courts/Civil Courts do not have jurisdiction to deal with specific offences described by the DV Act's provisions.
ANALYSIS OF THE COURT
Furthermore, the Court added to its elaborative analysis that the initiation of Domestic Violence Act proceedings with reference to the bodily injuries contemplated under the Act's provisions are criminal acts, and thus the Domestic Violence proceedings are criminal in nature and must be tried by a competent Judicial Magistrate.
The DV Act's offenses/bodily injuries are against society as a whole, hence the proceedings are criminal, and a competent criminal court of law is empowered to handle those cases.
CONCLUSION
Following the foregoing discussion, the Court concluded that criminal proceedings initiated under the Domestic Violence Act cannot be converted into civil proceedings or construed as civil proceedings in order to transfer such criminal proceedings before the Civil Court or Family Court using the supervisory powers conferred by Article 227 of the Indian Constitution.As a result, any transfer petition submitted to move a case registered under the Domestic Violence Act must be heard under the Code of Criminal Procedure and not by exercising Article 227's power.The necessary reliefs are depraved when the DV Act proceedings are transferred to Family Court
As a result, the Registry of the High Court of Madras' objections to the maintainability of the transfer petition are entirely in accordance with the law, and these objections are confirmed.
Learn the practical aspects of CrPC HERE, CPC HERE, IPC HERE, Evidence Act HERE, Family Laws HERE, DV Act HERE
