Can't Be Bailable Warrants Under DV Act Unless Breach of Protection Orders: SC

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Synopsis

The Supreme Court stated that the trial court had no justification for issuing bailable warrants in an application filed under the provisions of the DV Act

The Supreme Court has said that proceedings under the Protection of Women from Domestic Violence Act are quasi-criminal proceedings that do not have any penal consequence except where there is a violation or breach of a protection order.

Dealing with a plea filed by a daughter-in-law, the bench of Justice Sandeep Mehta held that the Magistrate was absolutely unjustified in directing issuance of bailable warrants against the petitioner.

The daughter-in-law filed a transfer petition seeking a direction to shift the case filed by the respondent (mother-in-law) under the provisions of the Protection of Women from Domestic Violence Act, 2005, pending in the court of Metropolitan Magistrate, Mahila Court-05, West, Tis Hazari Courts, Delhi to the Court of Chief Judicial Magistrate, Ludhiana, Punjab.

The petitioner's counsel said she had a specially abled minor son who was suffering from hearing impairment. She was unemployed and was fully dependent on her father for her survival.

Her counsel further pointed out that the court below had issued bailable warrants against the petitioner vide by an order of February 06, 2024.

"This court is constrained to observe that there is no justification whatsoever for the trial court to have issued bailable warrants in an application filed under the provisions of the DV Act. The proceedings under the D.V. Act are quasi criminal proceedings which do not have any penal consequence except where there is a violation or breach of a protection order. Therefore, the Magistrate was absolutely unjustified in directing issuance of bailable warrants against the petitioner," the bench said.

The bench considered the submissions advanced by counsel for the petitioner and after going through the material available on record, noted the fact that the proceedings of the divorce petition filed by the husband of the petitioner had already been transferred by the court from Family Court, West, Tis Hazari, New Delhi to Family Court, Ludhiana District Court, Punjab by an order on August 14, 2024.

Court allowed the instant transfer petition.

"The court where proceedings are pending shall transfer the records to the transferee court promptly and without any delay. If video conferencing facility is available with the transferee court, the benefit of the same shall be extended to the parties," the bench ordered.

Case Title: Alisha Berry Vs Neelam Berry