Domestic Violence Act

ess (Querist) 26 March 2011 This query is : Resolved
Two cases have been filed in different courts under the Domestic Violence Act, one is criminal and the other is Civil.

i. Can these be transferred to the same court ?

ii. On which grounds this can be done and what is its procedure ?

iii. Pl. give some citations or court judjements on this subject.

Thanks in anticipation.

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Dayananda Gowda (Expert) 26 March 2011
Under DV act only criminal case may be filed not civil case. In Civil case what relief claimed? civil case and criminal cases may filed on original jurisdiction of court.

Devajyoti Barman (Expert) 26 March 2011
Civil case can indeed be filed but two different proceeding under the DV Act can not be filed. So first check what two case are you talking about.

ess (Querist) 26 March 2011
The police has filed criminal case in one court while the individual has filed civil case, because of her change of residence in another court under the same district court but at different places. The individual wants that the criminal case be transferred to the court wherein she has filed civil case.

Legal Fighter (Expert) 26 March 2011
police has no jurisdiction or locus to file complaint under DV Act.

Devajyoti Barman (Expert) 27 March 2011
Yes Police can not file a case under DV Act. It means then two cases one u0s 498A IPC and another under DV Act is pending. Merely because two cases filed by the same person is pending against you does not entitle you to consolidate bot the cases for analogous hearing.

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