Bombay HC Transfers Wife’s Domestic Violence Case To Family Court To Prevent Conflicting Orders

The Bombay High Court has transferred a domestic violence (DV) case filed by a woman against her husband from the metropolitan magistrate’s court in Bandra to the family court at Bandra, noting that the reliefs sought in both the DV and divorce proceedings substantially overlap. The couple’s divorce and restitution petitions are already pending before the family court.

Justice Kamal Khata passed the order on Tuesday while hearing an application filed by the husband, a strategic advisor and entrepreneur, seeking consolidation of proceedings to avoid duplication and conflicting findings.

The couple had jointly started a company manufacturing and exporting healthy snacks and also run an NGO working in education, healthcare and infrastructure.

Husband’s Plea

The husband’s counsel submitted that while the wife had filed a divorce petition before the family court, he had filed a plea for restitution of conjugal rights, custody of their minor daughter, and other consequential reliefs. In addition, the wife initiated DV proceedings before the magistrate, seeking compensation of Rs 20 crore. In her divorce petition, she also sought to restrain her husband from entering their Santacruz flat and interacting with their minor child, while simultaneously seeking sole custody of the child.

“The reliefs sought in the DV case substantially overlap with those in the divorce proceedings. Consolidation would prevent conflicting findings, conserve judicial time, and reduce unnecessary expense,” the husband’s lawyer argued. He added that continuing in two separate courts would force the parties to engage different advocates, leading to avoidable waste of resources.

Wife’s Opposition

The wife’s counsel opposed the plea, relying on a past judgment to argue that transfer was unwarranted. However, despite several opportunities, the wife failed to file a formal reply. The court also noted that mediation attempts had failed.

Directive

Justice Khata observed that the DV case had reached the evidence stage but the next hearing was listed after three months. “This is evidently a case where marital discord has escalated. On one hand, the wife seeks divorce; on the other, the husband seeks restitution. The reliefs sought in the DV proceedings are such as can also be granted by the Family Court,” the judge said. 

The court concluded that transferring the case would not prejudice the wife. “Given that both courts are in close proximity and considering the social background of the parties, no inconvenience will be caused,” the judge said. The HC directed the family court to issue notices within three weeks and proceed expeditiously.