ANISH ANTONY THIMOTHY Vs. NEETHA

JUDGEMENT

(1.) Petitioners are the respondents in M.C.No.3 of 2010 of the Court of learned Additional Chief Judicial Magistrate (Economic Offences). Ernakulam (for short, "the ACJM") filed by first respondent under Section 12 of the Protection of Women from Domestic Violence Act (for short, "the Act"). First respondent has also filed O.P .No.2188 of 2010 in the Family Court, Thrissur seeking divorce and return of gold ornaments and other relief's. Peti-doners pray that M.C.No.3 of 2010 pending before the learned ACJM may be transferred to the Family Court, Thrissur. According to the petitioners they are staying at Murnbai and in connection with MC No.3 of 2010 they are required to come down to Ernakulam every now and then which caused much inconvenience to them. It is also submitted that first petitioner has lost his job. I have heard learned Public Prosecutor also.

(2.) According to the learned counsel, by virtue of Section 26 of the Act Family Court is also given the power to grant relief's under Sections 18,19.20,21 and 22 of the Act. Learned counsel has also invited my attention to Section 7(2) of the Family Courts Act to contend that Family Courts also can exercise jurisdiction exercisable by a Magistrate of the First Class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure. In the circumstances, it is contended that proceeding before learned ACJM may be transferred to the Family Court.

(3.) Having heard learned counsel and gone through the provisions of the Act, I am unable to agree. As per provisions of the Act, jurisdiction is conferred on the Magistrate and "Magistrate" is defined in Section 2(i) of the Act as meaning as a Judicial Magistrate of First Class or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place. The Magistrate exercising power under the Act is a criminal court. This is clear from Section 29 of the Act which states that there shall lie an appeal to the court of Sessions from the order passed by the Magistrate. Thus, it is clear that the Magistrate while exercising power under the Act acts as a criminal court.