Applicants Need Not To Appear In Person: Bombay HC Denies Transfer Of Proceedings Under the DV Act

The Bombay High Court denied the petition moved by the applicant-husband for the transfer of proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act).

A single bench of Justice R.G. Avachat was hearing the matter.

According to him, the applicants do not need to attend before the Mumbai court handling the aforementioned procedures because those under Section 12 of the D.V. Act are civil in nature.

Appearing for the applicants, Advocate Vikram Sutaria contended that the proceedings under Section 12 of the DV Act were initiated in Mumbai with the intent of harassing the applicant because the respondent/wife was residing in Silvasa and their son was attending school there. Furthermore, a case under Section 498-A of the Indian Penal Code (IPC) had been filed in Silvasa.

The Court noted that the respondent wife was originally from Mumbai and had been living with her parents there due to marital discord.

As a result, the Court stated that it was not inclined to grant the petition for transfer of DV Act proceedings from Mumbai to Silvassa.

Consequently, the Court dispensed with the applicant-husband physical appearance and said that he could appear through his advocate in the proceedings in Mumbai.

In light of this, the application was dismissed.