The Court also held that a domestic violence case that is pending before a Magistrate cannot be transferred to a family court.
The Kerala High Court recently observed that a woman who is a live-in relationship can also file domestic violence cases under the Protection of Women from Domestic Violence Act (DV Act). [Vineet Ganesh v Priyanka Vasan]
A division bench of Justices Anil K Narendran and PG Ajithkumar noted that a female victim of violence of any kind at the hands of a man with whom she was in a domestic relationship can file a case under the DV Act.
The bench also noted that the Act defines domestic relationship as a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family.
“From the above definitions, it is possible for a woman alone seeks reliefs under the D.V. Act. Further, a female living in a relationship in the nature of a marriage also eligible to seek reliefs under the D.V.Act…It may be noted that going by the definition of the respondent in Section 2(q) of the D.V. Act, a female living in a relationship in the nature of a marriage, in other words, living-in-relationship may also file an application under Section 12 of the DV Act,” the Court observed.
The Court was considering an appeal filed by a man who wanted to transfer a case initiated against him under Section 12 of the DV Act and pending before a Magistrate, to a family court.
Noting that the DV Act is enacted to provide for more effective protection of the rights of women guaranteed under the Constitution of India, the High Court opined that if the person against whom the woman files a case is then allowed to get it transferred to a family court or civil court, it would be to her detriment.
The Court also noted that if an application under Section 12 is liable to be transferred to a family court, that will result in an indiscriminate classification since a family court is empowered to entertain disputes between the parties to a marriage only. This would leave out women who are in live-in relationships.
For these reasons, the Court held that an application under Section 12 of the DV Act cannot be transferred from a Magistrate to a family court.
The appeal was, therefore, dismissed.
