Court Transfers Domestic Violence Case to Aid Applicant Facing Hardship.


16 October 2024 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Domestic Violence >> Family Law  

In a recent ruling, a court granted an application to transfer a criminal case filed by an applicant, a woman seeking to relocate her ongoing proceedings for convenience and support. The applicant sought to move her case, RCC No. 203/2018, from the JMFC, Majalgaon, District Beed, to the JMFC in Thane, citing significant personal and financial challenges.

The case has been pending since March 3, 2022, with respondents 2 to 6 failing to appear in court on multiple occasions. During the latest hearing, the applicant's advocate, Ms. Musale, emphasized the serious circumstances surrounding the applicant, who currently resides in Thane with her mother and brothers. The applicant, who has an 8.5-year-old son from her marriage to Respondent No. 2, faces substantial financial constraints as her family lacks a stable income.

 
 

Ms. Musale highlighted that the applicant has not received any maintenance payments since her separation from Respondent No. 2, despite a pending maintenance application. The applicant also filed an FIR in May 2018 for offenses including domestic violence, underscoring the urgency of her situation.

The State’s advocate, Ms. Phad, supported the applicant’s request, urging the court to consider the provisions of Section 407 of the Criminal Procedure Code (Cr.P.C.) for transferring cases when it serves justice and convenience.

In reviewing the case, the court acknowledged the interconnectedness of the applicant's domestic violence proceedings and her criminal case. The court recognized that the applicant had previously filed a Domestic Violence Act application that was dismissed for non-prosecution, further complicating her situation. The judge noted that reviving the dismissed application would alleviate some of the applicant's hardships, given her current financial instability and inability to afford legal representation.

Consequently, the court decided to quash the order dismissing the Domestic Violence Application No. 398/2018 and restored it to the Thane court. This decision was rooted in the principle of avoiding multiple proceedings and ensuring a consistent approach to the applicant’s legal challenges.

The ruling also included directives for the JMFC, Thane, to expedite the interim maintenance application, recognizing the urgent needs of the applicant and her child. Additionally, the court instructed the District Legal Services Authority in Thane to appoint a legal representative for the applicant, ensuring she has adequate support in her upcoming proceedings.

This ruling highlights the court's commitment to addressing the complexities of domestic violence and maintenance cases, particularly when financial and emotional hardships are at stake. The court's actions are a significant step toward providing the applicant with the necessary support and access to justice, aiming to resolve her legal challenges in a more efficient and compassionate manner.

Protection of Women from Domestic Violence Act, 2005