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11. With the above, let us now consider various provisions of the 'DV Act' for institution of proceedings as contemplated under the Domestic Violence Act.

12. Section 2(f) defines 'domestic relationship'"; Section 2 (i) defines "Magistrate" means the Judicial Magistrate of the first class, or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area, where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place; Section 3 provides 'Definition of domestic violence'. Accordingly, for the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:

31. The legal maxim is Generalia Specialibus non derogant (when there is a conflict, general and special provision, the later will prevail). In this context, it is to be held that Special Act will prevail over the General laws. When a Special enactment is in force to deal with certain specific offences, in the present context, Domestic Violence Act, then the other general laws cannot have any application and all such Domestic Violences are to be tried by following the procedures as contemplated under the Special Enactment and this being the legal principles, the application under Section 12 of the Domestic Violence Act cannot be construed as a civil natured proceedings.

50. In this context, the Family Courts Act deals with Family disputes and the powers and jurisdiction of the Family Courts are unambiguously enumerated in the Statute itself. Thus, the proceedings instituted under the Family Courts Act before the Family Courts are to be regulated in accordance with the provisions as contemplated. Equally, an application filed under Section 12 of the Domestic Violence Act is to be regulated under the provisions of the 'DV Act' and the application registered under Section 12 of the Domestic Violence Act is a criminal proceedings and the entire provisions of the 'DV Act' unambiguously portrays that the nature of proceedings are under criminal law. The procedures as contemplated under the Criminal Procedure Code is to be followed for trial of the cases under the 'DV Act'. Thus, there is no reason to form an opinion that application filed under the 'DV Act' is a “Civil natured proceedings”. https://www.mhc.tn.gov.in/judis/ Offences against the women are falling both under criminal law and under civil law. In a family dispute, when there is a possibility of institution of both criminal proceedings and civil proceedings, the 'DV Act' contemplates certain enabling provisions, permitting the aggrieved women to file civil cases before the Civil Court and Family Courts under the respective Statutes, in order to redress their grievances. However, the said facts are to be informed before the Magistrate Court concerned. Section 26 in this regard clarifies that aggrieved person may sought for such reliefs before the Civil Courts and Family Courts by filing an appropriate application and by following the procedures as contemplated under the Special enactments.

60. In the event of transferring the Domestic Violence Act proceedings to the Family Court or Civil Court, the said Courts cannot have any jurisdiction to try and convict under the penal provisions as contemplated under the Domestic Violence Act. Thus, aggrieved women, who instituted the proceedings under Section 12 of the Domestic Violence Act is deprived of getting appropriate reliefs and justice as contemplated under the provisions of the Domestic Violence Act. Thus, such transfers would defeat the very purpose and object of the penal provisions as contemplated under the Domestic Violence Act and the punishments indicated therein. Further, by transferring the Domestic Violence case from Magistrate Court / Metropolitan Magistrate to the Family Court / Civil Court, the High Court is not empowered to confer any additional powers or jurisdiction to such Family Courts or Civil Courts, which is beyond the scope of the provisions of the Family Courts Act and Domestic Violence Act. Thus, the powers not conferred under the Special enactments cannot be https://www.mhc.tn.gov.in/judis/ exercised nor such an exercise may be done by invoking Article 227 of the Constitution of India.