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Home › DV Act: Transfer Refused
Punjab & Haryana High Court · 12 November 2026

Forum Is Fixed by Statute: DV Case Cannot Be Moved to the Family Court

In Ashutosh Mittal v. Punita Mittal, the High Court refused to transfer a wife’s DV Act complaint from the Magistrate to the Family Court where the parties’ maintenance case was pending, holding that Section 26 does not create original Family Court jurisdiction over Section 12 applications.

Matrimonial litigation rarely travels in a single file. A wife’s complaint under Section 12 of the Protection of Women from Domestic Violence Act sat before the Magistrate at Gurugram; a maintenance petition between the same parties was pending before the Family Court in the same city. The husband asked for both to be heard together. On 12 November 2026, in Ashutosh Mittal v. Punita Mittal (TA No. 24 of 2026), Justice Mandeep Pannu of the Punjab & Haryana High Court dismissed the transfer application — holding that convenience cannot rewrite the statutory allocation of forums.

The transfer plea

The husband’s application invoked Section 24 read with Section 151 CPC, seeking transfer of DV Case No. 139/2025 — the wife’s application under Section 12 of the 2005 Act — from the Judicial Magistrate First Class, Gurugram to the Family Court, Gurugram. The logic was familiar: the same spouses, overlapping allegations, common evidence, and the spectre of two courts reaching inconsistent findings on the same marriage. Since Section 26 of the DV Act allows DV reliefs to be granted by a Family Court, why not let one judge hear everything?

The statutory architecture

ProvisionWhat it actually does
Section 12, DV ActThe aggrieved person’s substantive application for reliefs — presented to the Magistrate.
Section 27, DV ActDesignates the Judicial Magistrate First Class (or Metropolitan Magistrate) as the competent court for Section 12 applications.
Section 26, DV ActPermits reliefs under Sections 18–22 to be sought in addition, in any legal proceeding already pending before a civil court, Family Court or criminal court.
Section 7(2)(a), Family Courts ActGives Family Courts the jurisdiction of a Magistrate under Chapter IX CrPC — maintenance — and nothing wider on the criminal side.

What the court held

Pendency confers no jurisdiction. The mere pendency of a maintenance petition before the Family Court, the court held, “does not confer upon that Court the jurisdiction to entertain” an independent application under Section 12. The DV Act chose its forum deliberately.
Section 26 is additive, not original. The provision lets a litigant stack DV reliefs onto proceedings that already exist; it “cannot be interpreted so as to enlarge the jurisdiction of the Family Court” into a forum of first instance for DV complaints.
Convenience is not a ground. “The mere fact that the parties are common or that certain allegations may overlap cannot be a ground to transfer” — and jurisdiction “cannot be assumed merely on the basis of convenience.” The parties were directed to appear before the Magistrate on the date already fixed.

The order aligned itself with the Kerala Division Bench and Delhi High Court decisions taking the same view of Section 26, declined to follow the contrary Bombay approach, and discussed the Supreme Court’s 2025 exposition of the DV Act’s scheme (Shaurabh Kumar Tripathi v. Vidhi Rawal, 2025 INSC 734) — all as recorded in the order itself.

Why this matters in daily practice

Forum-shopping by transfer is closed. Respondents who find the Magistrate’s summary timeline uncomfortable cannot decant the case into the Family Court’s slower civil rhythm by pointing to a pending maintenance petition.
Section 26 remains a claimant’s tool. The aggrieved person may choose to seek DV reliefs inside a pending divorce or maintenance case — the election belongs to her, not to the respondent seeking consolidation.
Parallel proceedings are the norm. DV, maintenance, divorce and criminal complaints routinely run side by side. The answer to multiplicity is disciplined disclosure and adjustment of overlapping monetary reliefs, not forced consolidation.
Delhi practice mirrors this. The Delhi High Court authority followed in the order means the same transfer strategy faces the same fate in Delhi’s districts, where Mahila Courts hear Section 12 applications.
The decision does not deny that fragmentation burdens families; it holds that the cure lies with the legislature, not with transfer applications. Until then, the Section 12 case belongs to the Magistrate — and litigants on both sides are better served by coordinating the parallel files than by litigating over which courtroom they sit in.

Frequently Asked Questions

What exactly did the husband seek?

Transfer of the wife's DV case under Section 12 from the Judicial Magistrate to the Family Court where a Section 125 CrPC maintenance petition between the same parties was pending — citing overlapping evidence, multiplicity of proceedings and the risk of conflicting findings, and arguing that Section 26 of the DV Act lets the Family Court grant DV reliefs in any event.

Why did Section 26 not help?

Because Section 26 only permits reliefs under Sections 18 to 22 to be claimed in proceedings already pending before a civil court, family court or criminal court. It is an enabling provision for adding DV reliefs to existing litigation; it does not vest the Family Court with original jurisdiction to entertain an independent Section 12 application, which Section 27 reserves to the Magistrate.

Does a pending maintenance case ever justify such a transfer?

On this reasoning, no. The court held that the mere pendency of a maintenance petition does not confer jurisdiction on the Family Court over a Section 12 application, and that common parties or overlapping allegations are not grounds for transfer. The Family Courts Act confers only Chapter IX CrPC maintenance jurisdiction on Family Courts through Section 7(2)(a).

What should parties facing parallel proceedings do instead?

Manage the overlap rather than fight the forum: seek coordinated hearing dates, place each court's orders on the record of the other, rely on the rule against double maintenance for adjustment of amounts, and use consolidated settlement discussions. The statutory forums remain separate, but duplication of evidence can be reduced by disciplined disclosure in both.

Note: This article is general information about the law and is not legal advice. It does not create an advocate-client relationship. The position stated is as at 14 November 2026 and may have changed since. Readers should verify any provision or decision referred to against the official text and seek advice on their own circumstances.