Court : Supreme Court of India
..... 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. ..... although, chapter iv of the act containing section 12 to section 29 contains the procedure for obtaining orders of reliefs by making application before the magistrate whereas steps taken by the magistrate and different categories of reliefs could be granted as noted in sections 18 to 22 and certain other provisions. ..... section 12 occurring in chapter iv procedure for obtaining orders of reliefs deals with details of application to magistrate. ..... the act, 2005, is an special act which provides for manner and procedure for obtaining relief by an aggrieved person. ..... 107 the act and the rules thus provide for a procedure and manner of filing an application for obtaining a relief under act, 2005. .....
Tag this Judgment!Court : Supreme Court of India
..... in 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 introduced in the parliament. ..... procedure for obtaining order of reliefs is stipulated in chapter iv of the dv act which comprises sections 12 to 29. ..... the purpose of enacting the law was 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. ..... (iv) it empowers the magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting the communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. 14. ..... the issue that arises for 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. .....
Tag this Judgment!Court : Supreme Court of India
..... 28 and 32 of the protection of women from domestic violence act, 2005 r/w rule 15(6) of the protection of women from domestic violence rules 2006, makes the provisions of criminal procedure code applicable. ..... 12, relevant portion of which has been reproduced hereinbefore, provides for procedure for obtaining orders of reliefs ..... an application under section 12 not being a complaint as defined under section 2(d) of the cr.p.c, the procedure for cognizance set out under section 190(1)(a) of the code followed by the procedure set out in chapter xv of the code for taking cognizance will have no application to a proceeding under the d.v ..... in support of the contention, he relies upon a two-judge bench decision of this court in bharat damodar kale7 in which, on an examination of the provisions 12 (2014) 2 scc10218 contained in chapter xxxvi of the code of criminal procedure, it was held that the court can take cognizance of an offence, the complaint of which is filed before it, within the period of limitation prescribed and, if need be, after excluding such time which is ..... besides, we must bear in mind that chapter xxxvi is part of the criminal procedure code, which is a procedural law and it is well settled 15 (2007) 3 scc700: (2007) 2 scc (cri) 142 16 (1976) 3 ..... cri) 277 7 (2003) 8 scc559 14 even if a complaint is filed within the period of limitation mentioned in the said chapter of the code, if the cognizance is not taken within the period of limitation the same gets barred by limitation. .....
Tag this Judgment!Court : Supreme Court of India
..... the question whether a live-in relationship would amount to a relationship in the nature of marriage falling within the definition of domestic relationship under section 2(f) of the protection of women from domestic violence act, 2005 (for short the dv act ) and the disruption of such a relationship by failure to maintain a women involved in such a relationship amounts to domestic violence within the meaning of section 3 of the dv act. ..... the domestic violence and such relief may include, but not limited to,- (a)the loss of earnings; (b)the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d)the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code of criminal procedure, 1973 (2 of 1974 ) or any other law for the time ..... to the right of such person to institute a suit for compensation or damages for injuries caused by the acts of domestic violence committed by the adult male member, with a prayer for set off against the amount payable under a decree obtained in court;2) the magistrate, under section 18 of the dv act, can pass a protection order in favour of the aggrieved person and prohibit the respondent from: a) committing any act of domestic violence; b) aiding or abetting in the commission of acts of domestic violence; c) entering the place of employment of the aggrieved .....
Tag this Judgment!Court : Supreme Court of India
..... strict standard of proof is not necessary.10 (e) protection of women from domestic violence act, 2005 ( d.v. ..... the aggrieved person as a result of domestic violence and such relief may include, but is not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code of criminal procedure, 1973 (2 of 1974) or any other law for the time being in force. ..... proceedings, she had obtained an order of maintenance. ..... (1) any court exercising jurisdiction under chapter v or chapter vi may, at the time of passing any decree or at any time subsequent to the decree, on application made to it for the purpose, order that the husband shall secure to the wife for her maintenance and support if necessary, by a charge on the husband s property such gross sum or such monthly or periodical payment of money for a term not exceeding her life, as, having regard to her own property, if any, her husband s property and ability, ..... for the purposes of this chapter,- (a) "minor" means a person who, under the provisions of the indian majority act, 1875 (9 of 1875); is deemed not to have attained his majority; (b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not .....
Tag this Judgment!Court : Supreme Court of India
..... important question as to the constitutional validity of section 2(q) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the 2005 act ).3. ..... she argued that the 2005 act is a piece of social beneficial legislation enacted to protect women from domestic violence of all kinds. ..... her submission, the said expression goes contrary to the object of the act, which is to afford the largest possible protection to women from domestic violence by any person, male or female, who happens to share either a domestic relationship or shared household with the said woman. ..... a result of the domestic violence and such relief may include but is not limited to (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code of criminal procedure, 1973 (2 of 1974) or any other law for the time being in ..... (v) it 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 ..... (4) an order under sub-section (3) shall be deemed to be an order under chapter viii of the code of criminal procedure, 1973 (2 of 1974) and shall be .....
Tag this Judgment!Court : Supreme Court of India
..... 37.we think the larger bench may consider also the provisions of the protection of women from domestic violence act, 2005. ..... upon the magistrate, the power to award compensation to the aggrieved person, in addition to other reliefs granted under the act.40.in terms of section 26 of the act, these reliefs mentioned above can be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent.41.most significantly, the act gives a very wide interpretation to the term `domestic relationship' as to take it outside the confines of a marital relationship, and even includes live ..... partners lived together for a long spell as husband and wife, a presumption would arise in favour of a valid wedlock.20.sir james fitz stephen, who piloted the criminal procedure code of 1872, a legal member of viceroy's council, described the object of section 125 of the code (it was section 536 in 1872 code) as a mode of preventing vagrancy or at least preventing its consequences.21.then came the 1898 code in which the same provision was in chapter xxxvi section 488 ..... the learned judges explained the reason for the aforesaid finding by holding that an order passed in an application under section 125 does not really determine the rights and obligations of parties as the section is enacted with a view to provide a summary remedy to neglected wives to obtain maintenance. .....
Tag this Judgment!Court : Supreme Court of India
..... the protection of women from domestic violence act, 2005 which was for the purpose of more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind ..... even observed that there was nothing wrong in such directions, since a sanction for the road had been obtained but there was tardy implementation of the same.152. ..... bhat, j.holds that: (i) the legal dimension of marriage in usa is different from the legal dimension of marriage in india; (ii) the legality of a marriage in usa is solely dependent on a validly obtained license; (iii) in india, the legal status of a marriage stems from personal law and customs; and (iv) the terms of marriage are set, to a large extent, ..... this court with the power to issue directions, orders, or writs, which indicates that this court may mould the relief according to the requirements of the case before it and that it is not constrained to a particular set of cases in which a particular relief or set of reliefs may be granted. ..... members of the transgender community face difficulty in obtaining proper identification documents which prevents them from accessing even those opportunities which are available ..... specifically challenged chapter ii of the sma relating to notice and objections procedure prescribed. ..... the principle in regulation 5(2)(a) that the consent of spouses in a marriage must be obtained if they wish to adopt a child together is equally applicable to unmarried or queer couples who seek to .....
Tag this Judgment!Court : Supreme Court of India
..... the protection of women from domestic violence act, 2005 (for short the dv act ) provides that if the husband of a girl child harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of his wife including by causing physical abuse and sexual abuse, he would be liable to have a protection order issued ..... legislation inter alia to provide for protection of children from the offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well being of the child at every stage of the judicial process, incorporating child-friendly procedures for reporting, recording of evidence, investigation and trial of offences and provision for establishment of special courts for speedy trial of such offences ..... been provided by the state of karnataka the state legislature has inserted sub-section (1a) in section 3 of the pcma (on obtaining the assent of the president on 20th april, 2017) declaring that henceforth every child marriage that is solemnized is void ab ..... since this relief was given up and no such issue was raised; (iii) to reduce the age of consent from 18 years to 15 years this too is not a viable option and would ultimately be for parliament to decide; (iv) to bring the pocso act in consonance with exception 2 to section 375 of the ipc this is also not a viable option since it would require not only a retrograde amendment to the pocso act but ..... the chapter relating to violence against women within .....
Tag this Judgment!Court : Supreme Court of India
..... suffice it to say, it is different from an offence committed under section 498-a or any violation of the protection of women from domestic violence act, 2005 or, for that matter, the protection conceived of under section 125 of the code of criminal procedure 52 or sections 306 or 304b or 494 ipc. ..... the parliament has also brought in the protection of women from domestic violence act, 2005. ..... when a constitutional court faces such a challenge, namely, to be detained by a precedent or to grow out of the same because of the normative 1 on the subjection of women, chapter 1 (john stuart mill, 1869) 4 changes that have occurred in the other arenas of law and the obtaining precedent does not cohesively fit into the same, the concept of cohesive adjustment has to be in accord with the growing legal interpretation and the analysis has to be different, more so, where the emerging concept ..... in the sixteenth century, following the reformation, adultery became a crucial issue because protestants placed new emphasis on marriage as a linchpin of the social and moral order.33 several prominent sixteenth century reformers, including martin luther and john calvin, argued that a marriage was irreparably damaged by infidelity, and they advocated divorce in such cases.34 concerned with the moral corruption prevalent in ..... ordinarily, prima facie, on a perusal of section 497 of the indian penal code, we find that it grants relief to the wife by treating her as a victim. .....
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