(1.) Does the availability of alternative options for grievance redressal. deprive the aggrieved person of her right to approach the Magistrate with a petition under Section 12 of the Protection of Women from Domestic Violence Act Does this Court have power to direct transfer of a petition under Section 12 pending before the Magistrate to a Family Court, where another dispute between the same parties is pending These questions arise for consideration In these petitions. I am satisfied and both counsel agree that this transfer petition and the Cri. M. C. can be disposed of by a common order. Accordingly, I have taken up both these matters together for consideration.
(2.) The first respondent in these petitions is admittedly the wife of the petitioner herein. The marriage had taken place as early as on 8-11-1977. The parties are living separately from 11-4-1982. It is unnecessary to refer to the prior history of litigations between the parties. Suffice it to say that at the moment two petitions are pending before the Family Court at Kottayam. The first is for divorce filed by the petitioner herein and the second is an Original Petition claiming an amount of Rs. 36,55.000/- under various heads by the first respondent against the petitioner. There are other reliefs also claimed in the said petition before the Family Court.
(3.) While those petitions were pending before the Family Court, the Protection of Women from Domestic Violence Act, hereinafter referred to as DVA, was enacted by the Parliament and rules were framed. The 1st respondent herein, in these circumstances, filed C. M. P. No. 33 of 2007 before the Judicial First Class Magistrate-Ill, Kottayam claiming reliefs under Sections 19, 20 and 22 of the DVA. An application in the prescribed form-II was filed under Section 12 of the DVA claiming the said reliefs.