nantha0512 28 May 2026

Any possibility for dvc and divorce case merge

Is any possibility to merge dvc and divorce case to one court and one judge, because boths documents, evidence are same.

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5 Replies

Dr. J C Vashista (Advocate ) 29 May 2026

No, it cannot be clubbed in the same court since both are governed and adjudicated/ tried by different laws / courts.

adv. rajeev ( rajoo ) (practicing advocate) 29 May 2026

No, because both are different proceedings.

T. Kalaiselvan, Advocate (Advocate) 29 May 2026

They both are different cases of different subjects even though the parties may be same, hence both the cases cannot be clubbed together nor can be held under joint trial.

Both the cases are to be tried separately.

Mr. Sumitra kumar (Advocate) 30 May 2026

It seems that you are talking about Family court. Family court is competant to hear DVC(Did you mean PWDVA(Protection of woman from domestic voilence) and Divorce matter. It is quite possible that same person may be hearing both the cases in different capacity.

Thank you.

Dr. J C Vashista (Advocate ) 31 May 2026

Section 7 of the Family Courts Act, 1984 provides jurisdiction of the family courts, which do not deal with either of the relief(s) as provided under PWDVA, 2007 except maintenance of wife. children and parents, which reads as:

Section 7 of the Family Courts Act, 1984 outlines the jurisdiction and powers of Family Courts in India. It effectively transfers the powers of traditional District and subordinate civil courts to Family Courts regarding matrimonial and family disputes.

Key Jurisdictions (Section 7(1))

Family Courts have exclusive jurisdiction over the following types of suits and proceedings

Matrimonial Status: Suits for the nullity of a marriage, restitution of conjugal rights, judicial separation, or divorce.
Validity of Marriage: Declarations regarding the validity of a marriage or the matrimonial status of any person.
Property Disputes: Suits or proceedings relating to the property of the parties to a marriage.
Injunctions: Applications for an order or injunction in circumstances arising out of a marital relationship (including domestic matters).
Legitimacy: Declarations concerning the legitimacy of any person.
Maintenance: Suits or proceedings related to maintenance.
Custody and Guardianship: Matters relating to the guardianship of the person, custody of, or access to any minor.

Additional Powers (Section 7(2))

Subject to other provisions, a Family Court also exercises:

The jurisdiction and powers of a First-Class Judicial Magistrate under Chapter IX of the CrPC (relating to orders for the maintenance of wives, children, and parents).
Any other jurisdiction that may be conferred upon it by another legislative enactment.

Section 8 of the Family Courts Act, 1984 in India deals with the exclusion of jurisdiction and the transfer of pending proceedings. It ensures that once a Family Court is established in a specific area, specialized family matters are exclusively handled by that court.

Key provisions include:

Exclusion of Civil Courts: No district court or subordinate civil court can entertain or exercise jurisdiction over any family-related suit or proceeding (e.g., divorce, maintenance, property of spouses) in that area.
Exclusion of Magistrates: No Magistrate can exercise jurisdiction or powers under Chapter IX of the Code of Criminal Procedure (CrPC) regarding maintenance of wives, children, and parents in that area. Transfer of Pending Cases: Any pending cases or proceedings in district courts, civil courts, or before Magistrates that fall under the purview of the Family Courts Act are automatically transferred to the newly established Family Court on the date it is set up.

Acordingly family courts do not entertain certain relief(s) as provided in Section 17 to 23 of the Protection of Women from Domestic Violence Act, 2005.