Court : Chhattisgarh
..... the protection of women from domestic violence act, 2005 has been enacted to provide for more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. ..... ), by which, their appeal filed under section 29 of the protection of women from domestic violence act, 2005 (hereinafter called as act of 2005) has been dismissed. 2. ..... chapter iii of the act of 2005 containing sections 4 to 11 deals with the procedure for appointment of protection officers, service providers etc. ..... and their powers and duties. ..... section 26 deals with reliefs in other suits and legal proceedings and section 27 deals with the territorial jurisdiction of the judicial magistrate who exercise powers under the act of 2005. ..... held that the orders summoning witnesses, adjourning cases, passing orders for bail, calling for reports and such other steps in aid of the pending proceeding, may no doubt amount to interlocutory order against which no revision would lie under section 397(2) of the code of criminal procedure,1973 and held as under:- the powers of revision conferred by subsection (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding ..... power to pass interim and ex parte orders have been provided in section 23. .....
Tag this Judgment!Court : Supreme Court of India
..... that the suit filed by the plaintiff is directly in conflict with the right of the defendant to reside in her matrimonial residence/shared household granted to her by the legislature and specifically envisaged in section 17 and 19 of the protection of women from domestic violence act, 2005 and as such is liable to be dismissed at the threshold. ..... taruna batra, (2007) 3 scc169has not correctly interpreted the provision of section 2(s) of protection of women from domestic violence act, 2005 and does not lay down a correct law?. ..... the seemingly radical provisions comprised in the protection of women from domestic violence act, 2005 must be understood and appreciated in light of the prevalent culture and ethos in our society.60. ..... this appeal raises important questions of law pertaining to the interpretation and working of the protection of women from domestic violence act, 2005 (hereinafter referred to as act, 2005 ).3. ..... sections 4 to 11 occurring in chapter iii deals with powers and duties of protection officers, service providers etc. ..... the mention of the divorce petition filed by raveen was made in the plaint and it was pleaded that the defendant as a counter blast has filed the complaint case under the protection of women from domestic violence act, 2005 in which interim order directing the plaintiff not to alienate and not to dispossess the defendant without order of the competent court has been passed. 67. .....
Tag this Judgment!Court : Karnataka
..... to direct the honble ii metropolitan magistrate traffic court at bangalore in c.misc.170/2018 to dispose of the applications filed by the petitioner dtd1510.2018 u/s12 19(1)(e) and (f), 20 and22 20 and232), 23(2) of the protection of women from domestic violence act, 2005 at annexure nos.b, c, d, e and f within a stipulated period of time. ..... protection of women 7 from domestic violence act, 2005 beginning from the genesis of the act ..... the registry is directed to circulate this order to all the concerned courts handling cases arising out of the protection of women from domestic violence act, 2005. ..... 3 this writ petition having been heard and reserved for orders on0802.2023, coming on for pronouncement this day, the court made the following:- order the petitioner/wife of the 1st respondent is before this court seeking a direction to dispose of applications dated 15.10.2018 filed by her in c.misc.no.170 of 2018 before the ii metropolitan magistrate traffic court at bangalore under sections 12, 19(1)(e) & (f), 20 & 22, 20 & 23(2) and 23(2) of the protection of women from domestic violence act, 2005 ( the act for short) within the time frame.2 ..... chapter iii deals with powers and duties of protection officers, service providers and others ..... it provides for appointment of protection officers and registration of non-governmental organisations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter, etc.5. .....
Tag this Judgment!Court : Supreme Court of India
..... domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005 ..... chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 of the inherent powers under section 482 of the code which we have extracted and reproduced above, we have given the following categories of cases by way of illustration wherein such power ..... of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of ..... no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code; (5) where the allegations made in the fir or complaint are so absurd and inherently improbable on the basis of which ..... and accused no.1 lived as husband and wife at b-39, phase-2, vikas nagar, hastsaal, uttam nagar, new delhi 110059 and the first informant performed all the duties of a wife and ..... from page 12 of 36 the date the first informant left her matrimonial home and that too, only after the service of summons to her in the domestic violence ..... value and accepted in their entirety do not constitute the offence alleged; (iii) where ..... and also disconnected the basic facilities such as water connection etc .....
Tag this Judgment!Court : Supreme Court of India
..... enumerates duties and functions of protection officer and clause (b) of sub-section (1) thereof reads as under: (b) to make a domestic incident report to the magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that ..... order to provide a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society the protection of women from domestic violence bill was ..... consideration in the instant case is whether a court dealing with the petition/complaint filed under the provisions of the domestic violence act, 2005 (hereinafter referred to as 'the dv act') has power to allow amendment to the petition/complaint originally filed. ..... of reliefs is stipulated in chapter iv of the dv act which comprises sections 12 to ..... act authorizes the magistrate to pass residence order which may include restraining the respondent from dispossessing or disturbing the possession of the aggrieved person or directing the respondent to remove himself from the shared household or even restraining the respondent or his relatives from entering the portion of the shared household in which the aggrieved person resides etc. ..... iii)it provides for the rights of women .....
Tag this Judgment!Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... since it is the sacrosanct duty of the husband to provide financial support to the wife and minor children, the husband was required to earn money even by physical labour, if he is able -bodied, and could not avoid his obligation, except on any legally permissible ground mentioned in the statute ..... therefore, considering the evidence that the respondent is a government employee, working as a teacher in the government higher primary school and as per ex.r.14 salary certificate, issued by the block education officer, srirangapattana stating that the respondent was receiving gross salary of rs.29,638/- as on 14.09.2015, though the deductions are shown as rs.19,074/- and take home - 49 - nc:2024. ..... the magistrate was vested with the power to order the respondent to make a monthly allowance towards interim maintenance during the pendency of the ..... the third proviso to the amended section 125, the application for grant of interim maintenance must be disposed of as far as possible within sixty days' from the date of service of notice on the respondent. ..... chapter ix of code of criminal procedure, 1973 provides for maintenance of wife, children and parents in a summary ..... , considering the gross salary is rs.29,638/- and the respondent being government servant is having other facilities and perks such as medical reimbursement, etc. ..... iii) the crl.misc.no.128/2016, on the file of the family court, shivamogga, is hereby allowed .....
Tag this Judgment!Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... since it is the sacrosanct duty of the husband to provide financial support to the wife and minor children, the husband was required to earn money even by physical labour, if he is able -bodied, and could not avoid his obligation, except on any legally permissible ground mentioned in the statute ..... therefore, considering the evidence that the respondent is a government employee, working as a teacher in the government higher primary school and as per ex.r.14 salary certificate, issued by the block education officer, srirangapattana stating that the respondent was receiving gross salary of rs.29,638/- as on 14.09.2015, though the deductions are shown as rs.19,074/- and take home - 49 - nc:2024. ..... the magistrate was vested with the power to order the respondent to make a monthly allowance towards interim maintenance during the pendency of the ..... the third proviso to the amended section 125, the application for grant of interim maintenance must be disposed of as far as possible within sixty days' from the date of service of notice on the respondent. ..... chapter ix of code of criminal procedure, 1973 provides for maintenance of wife, children and parents in a summary ..... , considering the gross salary is rs.29,638/- and the respondent being government servant is having other facilities and perks such as medical reimbursement, etc. ..... iii) the crl.misc.no.128/2016, on the file of the family court, shivamogga, is hereby allowed .....
Tag this Judgment!Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... since it is the sacrosanct duty of the husband to provide financial support to the wife and minor children, the husband was required to earn money even by physical labour, if he is able -bodied, and could not avoid his obligation, except on any legally permissible ground mentioned in the statute ..... therefore, considering the evidence that the respondent is a government employee, working as a teacher in the government higher primary school and as per ex.r.14 salary certificate, issued by the block education officer, srirangapattana stating that the respondent was receiving gross salary of rs.29,638/- as on 14.09.2015, though the deductions are shown as rs.19,074/- and take home - 49 - nc:2024. ..... the magistrate was vested with the power to order the respondent to make a monthly allowance towards interim maintenance during the pendency of the ..... the third proviso to the amended section 125, the application for grant of interim maintenance must be disposed of as far as possible within sixty days' from the date of service of notice on the respondent. ..... chapter ix of code of criminal procedure, 1973 provides for maintenance of wife, children and parents in a summary ..... , considering the gross salary is rs.29,638/- and the respondent being government servant is having other facilities and perks such as medical reimbursement, etc. ..... iii) the crl.misc.no.128/2016, on the file of the family court, shivamogga, is hereby allowed .....
Tag this Judgment!Court : Karnataka
..... ; and the protection of women from domestic violence act, 2005 ("d.v ..... this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) reinforced by ..... since it is the sacrosanct duty of the husband to provide financial support to the wife and minor children, the husband was required to earn money even by physical labour, if he is able -bodied, and could not avoid his obligation, except on any legally permissible ground mentioned in the ..... family court has granted meager maintenance amount of rs.1,000/- per month each to the children, which also proves that the presiding officer of the family court has not comprehended the mental agony, hardship, sufferings, difficulties etc. ..... the magistrate was vested with the power to order the respondent to make a monthly allowance towards interim maintenance during the pendency of the ..... , advocate) this rpfc is filed under section194) of family court act, against the order dated2203.2019 passed in crl.misc.173/2016 on the file of the iii additional principal judge, family court, mysuru, partly allowing the petition filed under section125of cr.p.c for ..... the third proviso to the amended section 125, the application for grant of interim maintenance must be disposed of as far as possible within sixty days' from the date of service of notice on the respondent. ..... chapter ix of code of criminal procedure, 1973 provides for maintenance of wife, children and parents in a .....
Tag this Judgment!Court : Supreme Court of India
..... and foremost, she argued that the 2005 act is a piece of social beneficial legislation enacted to protect women from domestic violence ..... provides for appointment of protection officers and registration of non-governmental organizations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter, etc ..... the federal court held: (scc online fc) if the restriction of the general words to purposes within the power of the legislature would be to leave an act with nothing or next to nothing in it, or an act different in kind, and not merely in degree, from an act in which the general words were given the wider meaning, then it is plain that the act as a whole must be held invalid, because in such circumstances it is impossible to assert with any ..... impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; (ii) sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; (iii) verbal and emotional abuse includes (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and (b) repeated threats to cause physical pain to any ..... to be an order under chapter viii of the code of criminal procedure, 1973 (2 of 1974) and shall be dealt with accordingly. ..... is no part of the court's duty to undertake such exercise, but it .....
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