I had filed for divorce from my wife. She immediately filed domestic violence cases on me. She got finally all cases transferred to her home town in another state. Supreme Court had ordered for expediting the matter and clear it in 6 months. Is there a provision to club the cases and run together?

Response

Normally cases are not clubbed unless the offences are identical. In a recent Supreme Court case of P.Rajkumar & Anr v. Yoga-Yogalakshmi 2020 (1) CGLJ 75 , the Court was of the view that Domestic Violence and Section 125 of Code of Criminal Procedure,1973 are two independent proceedings.

Hence, it cannot be clubbed together as it would beat the provisions of the law. Section 125 is of Code of Criminal Procedure,1973 seeking maintenance, Domestic Violence Act is an independent Act.

But if she filed for domestic violence under Indian Penal Code,1860 as per Section 498A, that is again, another Act. On order for interim maintenance granted under the Domestic Violence Act (DV Act) does not preclude the beneficiary to claim interim maintenance for the same period in a separate proceeding under Section 125 CrPC. (Rani & Anr v. Dinesh, 2020)

Moreover, Section 9 of which Act is unclear here.

Since the Supreme Court had ordered for expediting the matter, you can seek your lawyer and ask for advice. You can put an application in the court to expedite the matter but you need to have good reasons as to why you need the matter to be expedited such as the fact that the wife stays in another state

Reference: P.Rajkumar & Anr v. Yoga@Yogalakshmi 2020 (1) CGLJ 75

Rani & Anr v. Dinesh, 2020

Section 125 of Code of Criminal Procedure,1973

Section 498A of Indian Penal Code,1860

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