October 31, 2025

Mumbai is buzzing with a recent powerful verdict from the Bombay High Court that’s waving the flag for women’s rights in domestic violence cases! The court firmly declared that only the wife gets the power to choose where to file such cases. This decision came with a sharp jab at the husband — he must pay Rs 1 lakh to his estranged wife for trying to shift her domestic violence complaint from the magistrate's court to the family court.

Justice Rajesh Patil, in an October 6 order, made it clear that the husband’s plea to transfer the case did not hold water. Why? Because the wife already has two more cases running in the magistrate court, including a criminal complaint with a chargesheet under Section 498A for cruelty and another for alleged perjury. The husband’s argument that different courts might give conflicting judgments was dismissed as lacking merit.

The husband’s lawyer, V M Siram, argued for the transfer, saying the case was still at an early stage and there should be no conflict between courts. But Justice Patil’s court cited Supreme Court decisions from 2022, which stress that the convenience of the wife is paramount when deciding transfers. Factors like economic strength, social background, and living standards of both spouses need to be weighed carefully.

The court reminded everyone, “Since a choice is given to the aggrieved person under the Domestic Violence Act to choose the forum for reliefs… such transfer if sought by a wife, considering the judgment of the Supreme Court… will have to be considered favourably.” The husband’s transfer request was rejected because he wasn’t the one initiating it — and courts have been clear about who their priority lies with.

On top of this, the wife’s advocate, Gayatri Gokhale, demanded costs on the husband for dragging the already busy courts into more delays. “Many litigants are awaiting their turn,” she stressed.

So, what’s the sizzling takeaway here? When it comes to domestic violence proceedings, the law is firmly in favor of the wife’s choice. And if a husband tries to mess with this process, the court is ready to hit back with heavy costs and a firm no. Now that’s justice served with masala!

Read More at Timesofindia →

Tags: Bombay high court, Domestic violence, Family court, Judicial transfer, Supreme court, Legal costs,