Family Court can entertain appeal against order for proceeding under Domestic Violence Act and Special Marriage Act, parallel with application for divorce on ground of cruelty

In the present matter the issue of maintainability was raised by the wife as she prayed for divorce on the ground of cruelty and also filed a petition under provisions of the Domestic Violence Act before the learned Judicial Magistrate, First Class for various reliefs.

Plea of wife that Family Court not only disposed of the petition for divorce under Special Marriage Act but also disposed of the Criminal Misc. Application filed under Domestic Violence Act hence orders passed by Family Court in Criminal Misc. The application could be challenged only by way of Criminal Revision and not by Family Court Appeal

The wife could not point out any relief granted by Family Court under Domestic Violence Act attracting any punishment for any alleged offence committed by the husband, which could be tried by any Criminal Court consequently final orders flowing therefrom, would acquire characters of orders passed by Family Court.

Any relief available under the Domestic Violence Act can also be sought in any other legal proceeding before a Civil Court, Family Court or Criminal Court as long as such proceeding affects the aggrieved person and the respondents. Hence, Family Court Appeal is maintainable against said common order including in the proceedings arising out of the provisions of Domestic Violence Act.

Appearing Counsel/s : Mr. Sanjay Bhojwani,Abhijit D. Sarwate,Mr. Ajinkya Udane and Ms. Ria Lohade