Section 24 of CPC – Transfer of Section 12 PWDV Act application to the Family Court

In an elaborate and exhaustive judgment dated 20.12.2023 of 76 pages, the Hon’ble High Court of Bombay, held that the application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed by the wife can be transferred to the Family Court.

Till now, there are number of judgments for and against transfer of Section 12 PWDV Act 2005 to the Family Court.   Let us hope that this judgment will settle the issue at rest.

Important Judgment on the analysis and interplay of the various provisions of the Family Courts Act, PWDV Act, Code of Criminal Procedure, earlier decisions including of Sandi Mrinmoy Chakraboarty and also the effect of such transfer would deprive a woman from the right of appeal under Section 29 of PWDV Act.

The important question as to whether the subsequent judgments in Sandip Mrinmoy Chakraboarty case would be per incuriam and require reference to the larger Bench was also decided in the negative.

Misc. Civil Application NO.477 of 2022 of Rohan Shah Vs. Nishigandha Shah with connected matter.