Learned counsel representing the petitioner
submits that the petitioner is having a specially
abled minor son who is suffering from hearing
impairment. She is unemployed and is fully
dependent on her father for her survival. It is
further pointed out that the Court below has issued
bailable warrants against the petitioner vide order
dated 06.02.2024.
This Court is constrained to observe that there
is no justification whatsoever for the Trial Court
to have issued bailable warrants in an application
filed under the provisions of the D.V. Act. The
proceedings under the D.V. Act are quasi criminal
proceedings which do not have any penal consequence
except where there is a violation or breach of a
protection order. Therefore, the learned Magistrate
was absolutely unjustified in directing issuance of
bailable warrants against the petitioner.
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRIMINAL) NO.856/2024
ALISHA BERRY Vs NEELAM BERRY
Dated: JANUARY 03, 2025.
The present transfer petition has been filed
by the petitioner(Daughter-in-law of the sole
respondent) seeking transfer of the case bearing MC
No. 825 of 2023 filed by the respondent(Mother-inlaw) under the provisions of the Protection of
Women from Domestic Violence Act, 2005(for short,
‘the D.V. Act’), titled as “Neelam Berry Vs. Alisha
Berry”(subject-case), pending in the Court of
Metropolitan Magistrate, Mahila Court-05, West, Tis
Hazari Courts, Delhi to the Court of Chief Judicial
Magistrate, Ludhiana, Punjab.
Despite service of notice upon the sole
respondent, no one has entered appearance on her
behalf so far.
Heard learned counsel for the petitioner.
Learned counsel representing the petitioner
submits that the petitioner is having a specially
abled minor son who is suffering from hearing
impairment. She is unemployed and is fully
dependent on her father for her survival. It is
further pointed out that the Court below has issued
bailable warrants against the petitioner vide order
dated 06.02.2024.
This Court is constrained to observe that there
is no justification whatsoever for the Trial Court
to have issued bailable warrants in an application
filed under the provisions of the D.V. Act. The
proceedings under the D.V. Act are quasi criminal
proceedings which do not have any penal consequence
except where there is a violation or breach of a
protection order. Therefore, the learned Magistrate
was absolutely unjustified in directing issuance of
bailable warrants against the petitioner.
Having considered the submissions advanced
by learned counsel for the petitioner and after
going through the material available on record and
considering the fact that the proceedings of the
divorce petition filed by the husband of the
petitioner have already been transferred by this
Court from Family Court, West, Tis Hazari, New
Delhi to Family Court, Ludhiana District Court,
Punjab vide order dated 14.08.2024 passed in
Transfer Petition(Civil) No. 1506 of 2024, the
instant transfer petition stands allowed in the
terms prayed for.
The Court where proceedings are pending
shall transfer the records to the transferee Court
promptly and without any delay.
If video conferencing facility is available
with the transferee Court, the benefit of the same
shall be extended to the parties.
A copy of this order be sent to the concerned
courts for compliance.
Pending application(s), if any, shall stand
disposed of.
…………………………………………………...J.
[SANDEEP MEHTA]
NEW DELHI;
JANUARY 03, 2025.
No comments:
Post a Comment