Review Application dismissed as not maintainable. The court followed a Full Bench judgment holding that proceedings under the Domestic Violence Act, specifically applications under Section 12, cannot be transferred from designated Magistrates to Family or Civil Courts.
Review Application dismissed; no orders as to costs.
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Rev. Appl. No.58 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 24.02.2023
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
Review Application No.58 of 2022
C. Jaya Sangeetha ... Petitioner vs. 1. Gokul Kumar 2. Palaniammal 3. E.Kolandavel ... Respondents
Review Application has been filed under Order XLVII Rule 1 r/w Section 114 of the Civil Procedure Code, against the order dated 01.12.2021 passed in Tr CMP. No.650 of 2021 on the file of the High Court.
For Petitioner : Mr.J. Saravana Vel
J U D G M E N T
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Rev. Appl. No.58 of 2022
The petitioner seeks review of paragraph 4 of the order dated 01.12.2021 dismissing Tr.CMP. No.650 of 2021 as not maintainable, since transfer was sought for from the Court of the Judicial Magistrate, Mettupalayam to the I Additional Family Court, Chennai.
2 . After the filing of the Review, a Full Bench of this Court in Arul Daniel and others v. Suganya , made in Crl. OP. SR. Nos.31852 of 2022 etc. batch dated 17.11.2022, has held that proceeding under the Domestic Violence Act cannot be transferred to the Family Court or any other Civil Court. The operative portion of the judgment of the Full Bench reads as follows:
“ Consequently, we hold that an application
under Section 12 of the D.V. Act cannot be transferred from the Court of the Magistrate, designated under Section 27 of the D.V.Act, to the Family Court or the Civil Court. Decisions of learned single Judges which have held to the contra in paragraphs 56 and 57, supra, will stand
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overruled .”
Rev. Appl. No.58 of 2022
3 . In view of the said pronouncement, this Review Application cannot
be entertained and the same is dismissed. There shall be no orders as to
costs.
24.02.2023
jv
Index: Yes/No Internet: Yes/No Neutral Citation: Yes/No Speaking order/Non Speaking order
To
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Rev. Appl. No.58 of 2022
R.SUBRAMANIAN,J. jv
Review Application No.58 of 2022
24.02.2023
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1 issue framed by the court
Whether a review application dismissing a transfer petition is maintainable in view of the Full Bench ruling that proceedings under the Domestic Violence Act cannot be transferred to Civil Courts.
Colour shows how this judgement treated each authority
Arul Daniel and others v. SuganyaFollowed¶15
Arul Daniel and others v. Suganya in Crl. OP. SR. Nos.31852 of 2022
3 provisions across 2 enactments
C. Jaya Sangeetha
Gokul Kumar
Palaniammal
E. Kolandavel
R.S. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court