Husband Need Not Appear In Person- Bombay HC Refuses To Transfer Proceedings U/s. 12 Of The DV Act
The Bombay High Court rejected the plea 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) from Mumbai to Silvasa.
The Bench of Justice R.G. Avachat said that “Since proceedings under Section 12 of D.V. Act are in the nature of civil proceedings, the Applicants need not appear before the court dealing with the said proceedings in Mumbai. The Applicants may appear through their Advocate and cooperate to take the proceedings to its logical conclusion without any hindrance.”
Advocate Vikram Sutaria appeared for the applicants, Advocate Dilip Rai appeared for the respondent-wife and APP Arfan Sait appeared for the State.
It was argued by the applicant that the proceedings under Section 12 of the DV Act had been instituted at Mumbai with the motive of harassing the applicant as the respondent/ wife had been residing at Silvasa and their son had was taking education there. Moreover, case under Section 498-A of Indian Penal Code (IPC) had been instituted at Silvasa itself.
The Court noted that the respondent wife hailed from Mumbai and had been residing with her parents at Mumbai due to matrimonial discord.
Therefore, the Court said that it was not inclined to grant the prayer for transfer of the proceedings under DV Act from the Court in Mumbai to Court at 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.
Accordingly, the application was disposed of.
Cause Title- Mr. Varun Shalikram Tiwari & Ors. V. Mrs. Mamta Varun Tiwari & Ors.
Click here to read/download the Order