Madras High Court
Madras High Court

‘Can’t transfer domestic violence cases to family courts’

The bench comprising Justice PN Prakash, Justice RMT Teekaa Raman and Justice AD Jagadish Chandira further observed that when someone is filing a petition before the HC under CrPC 482 to strike down the complaints made under DV Act, the high court is not conferred with the power to entertain such plea.

CHENNAI: A three-judge bench of the Madras High Court made it clear that the cases filed under Domestic Violence Act cannot be transferred from the magistrate courts to the family courts. The bench comprising Justice PN Prakash, Justice RMT Teekaa Raman and Justice AD Jagadish Chandira further observed that when someone is filing a petition before the HC under CrPC 482 to strike down the complaints made under DV Act, the high court is not conferred with the power to entertain such plea. However, the full bench observed that after the magistrate court is passing an order, the same can be appealed before the sessions court and then before the High Court. The direction will be applicable to the cases, which are filed after this judgment is delivered by the three-judge bench, according to the judges. When a matter came before the Madras HC to quash the case filed under DV Act, a single judge ruled that the HC could not entertain the plea filed under CrPC section 482. However, a division bench of the Madras HC set aside the rulings of the single judge. The division bench observed that the cases of domestic violence that arose from civil disputes can be heard by the High Court.

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