The Supreme Court in the case of Alisha Berry v. Neelam Berry in Transfer Petition (Criminal) No. 856 of 2024 by way of its Order dated 03.01.2025 has held that, Bailable Warrants cannot be issued under the Protection of Women from Domestic Violence Act, 2005 (shortly known as “DV Act”).
In the above case, the Petitioner had filed a Transfer Petition before the Supreme Court seeking transfer of the Domestic Violence case pending before the Tis Hazari Courts, Delhi to the Court of Chief Judicial Magistrate, Ludhiana, Punjab. This case of domestic violence was filed by the mother-in-law against her daughter-in-law.
The main grounds on which the Petitioner before the Supreme Court (Daughter-in-law) requested for a transfer of the petition are she has a specially abled minor son who is suffering from hearing impairment, she is unemployed and fully dependent on her father for her survival.
The Supreme Court also took into consideration that, the proceedings of the divorce petition filed by the husband of the Petitioner have already been transferred by this Court from Family Court, West, Tis Hazari, New Delhi to Family Court, Ludhiana District Court, Punjab vide order dated 14.08.2024 passed in Transfer Petition (Civil) No. 1506 of 2024.
On the above grounds, the Transfer Petition filed by the Petitioner in the present case was allowed.
It was further pointed out by the Petitioner that the Trial Court had issued Bailable Warrants. The Supreme Court observed 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 DV Act are quasi-criminal proceedings and do not have any penal consequence except for violation or breach of a protection order.
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