Court : Mumbai Nagpur
..... the main contention of the petitioner is that the application under section 12 of the protection of women from domestic violence act, 2005 was inordinately delayed and there was no reasonable explanation for the delay and, secondly, that petitioner is not liable to pay maintenance particularly to the son who is already attained age of ..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of ..... petitioner is facing proceedings initiated under section 12 of the protection of women from domestic violence act, 2005 (act 43 of 2005), which was registered as criminal application no. ..... 12 which require application before the magistrate for obtaining order or reliefs under the act contains proviso to the effect that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. ..... the aggrieved person can come within definition of "domestic violence" explained in chapter ii of the act. ..... in view of the section 473 of the code of criminal procedure, the court can take cognizance of an offence not only when it is satisfied on the facts and circumstances of the case that the delay has been properly explained or but also when that is necessary so to do in the interests .....
Tag this Judgment!Court : Chennai
..... while so, the respondent filed m.c.no.158 of 2009, on 20.01.2009, under section 20 r/w section 12 of the protection of women from domestic violence act, 2005, [hereinafter referred to as ?.the act?.]. ..... thus, it is manifestly clear that a previous order made under section 125 of the code is not a bar for an aggrieved wife to approach a magistrate under section 20 of the act, for monetary relief as an additional relief of maintenance, provided subsequent to the passing of the earlier order under under section 125 of the code, the husband has committed domestic violence resulting loss to the wife.19. ..... in order to get an order for monetary relief, under section 20 of the act, first of all, the claimant should be an aggrieved person as a result of the domestic violence. ..... person as a result of 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 being in force. ..... includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. ..... for the purposes of this chapter. .....
Tag this Judgment!Court : Delhi
..... any right in the property of the mother-in-law was erroneous and that the learned single judge in so holding had virtually dismissed the suit itself without recording any satisfaction on the facts, it would be necessary for us to consider the decisions cited at the bar as also the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as the ..... chapter iv of the said act deals with the procedure for obtaining orders or reliefs ..... taking note of the statement under order 10 of the code of civil procedure, 1908 made by the defendant no.2 that the defendants have no intention to throw out the plaintiff from the first floor of the said property, which is occupied by her, without following the due process of law, the learned single judge ordered that the said defendants would be bound by the ..... .(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 dealt with ..... the said three circumstances are:-(i) that the relief, as claimed originally has, by reason of subsequent events, become inappropriate or cannot be granted;(ii) that taking note of such subsequent event or changed circumstances would shorten litigation and enable complete justice being done to the parties; and(iii) that such subsequent event is brought to the notice of the court promptly and in accordance with the rules of procedural law so that the opposite party is not taken by .....
Tag this Judgment!Court : Punjab and Haryana
..... petitioner no.1 has obtained a decree of divorce on 16.1.2013 (annexure p-3).i have heard counsel for the petitioners and i am of the opinion that the proceedings of the complaint under the act, are to be treated by the judicial magistrate in accordance with the procedure prescribed in the act and the protection of women from domestic violence rules, 2006 ( for short 'the rules).after having received a notice, the petitioners are required to appear before the magistrate. ..... i have heard counsel for the petitioners and i am of the opinion that as per the procedure prescribed in chapter iv of the act and the rules, the relief which can be sought from the magistrate under the act, could be right to reside in a shared house hold, protection orders u/s 18, residence orders u/s 19, monetary relief u/s 20, custody orders u/s 21 and compensation orders u/s 22 of the act. ..... through the instant petition, the petitioners seek quashing of criminal complaint no.51 dated 30.5.2009 u/s 12 of the protection of women from domestic violence act, 2005 ( for short 'the act').filed by the respondent. .....
Tag this Judgment!Court : Karnataka
..... protection of women from domestic violence act, 2005 ..... disentitle the wife to her right of maintenance and in that case, the husband will have to approach the court of the magistrate under sub-section (5) of section 125 of the code of criminal procedure for cancelling the order granting maintenance under section 125 cr.p.c. ..... referred to us as follows:-1) the wife against whom a decree of restitution of conjugal rights has been passed by the civil court, shall not be entitled to claim allowance under section 125 of the code of criminal procedure if in the proceedings of restitution of conjugal rights before the civil court, a specific issue has been framed that whether without sufficient reason, the wife refuses to live with the husband, and the parties have ..... 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 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article ..... in these cases the petitions filed by wife were dismissed solely on the reason that the husband has obtained decree of restitution of conjugal rights and wife did not join the husband, therefore amounting to voluntary desertion of husband by wife, hence, wife is not entitled ..... chapter ix of code of criminal procedure, 1973 provides for maintenance of wife, children and parents ..... provide immediate relief to .....
Tag this Judgment!Court : Karnataka
..... protection of women from domestic violence act, 2005 ..... disentitle the wife to her right of maintenance and in that case, the husband will have to approach the court of the magistrate under sub-section (5) of section 125 of the code of criminal procedure for cancelling the order granting maintenance under section 125 cr.p.c. ..... referred to us as follows:-1) the wife against whom a decree of restitution of conjugal rights has been passed by the civil court, shall not be entitled to claim allowance under section 125 of the code of criminal procedure if in the proceedings of restitution of conjugal rights before the civil court, a specific issue has been framed that whether without sufficient reason, the wife refuses to live with the husband, and the parties have ..... 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 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article ..... in these cases the petitions filed by wife were dismissed solely on the reason that the husband has obtained decree of restitution of conjugal rights and wife did not join the husband, therefore amounting to voluntary desertion of husband by wife, hence, wife is not entitled ..... chapter ix of code of criminal procedure, 1973 provides for maintenance of wife, children and parents ..... provide immediate relief to .....
Tag this Judgment!Court : Karnataka
..... protection of women from domestic violence act, 2005 ..... disentitle the wife to her right of maintenance and in that case, the husband will have to approach the court of the magistrate under sub-section (5) of section 125 of the code of criminal procedure for cancelling the order granting maintenance under section 125 cr.p.c. ..... referred to us as follows:-1) the wife against whom a decree of restitution of conjugal rights has been passed by the civil court, shall not be entitled to claim allowance under section 125 of the code of criminal procedure if in the proceedings of restitution of conjugal rights before the civil court, a specific issue has been framed that whether without sufficient reason, the wife refuses to live with the husband, and the parties have ..... 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 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article ..... in these cases the petitions filed by wife were dismissed solely on the reason that the husband has obtained decree of restitution of conjugal rights and wife did not join the husband, therefore amounting to voluntary desertion of husband by wife, hence, wife is not entitled ..... chapter ix of code of criminal procedure, 1973 provides for maintenance of wife, children and parents ..... provide immediate relief to .....
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 : Karnataka
..... 07/2017 and coming on - 3 - order in these petitions, the order passed by the trial court so also the appellate court in respect of proceedings under section 12 of the protection of women from domestic violence act, 2005 ( the act for short) are under challenge.2. ..... that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the act 2005 read with rule 15(6) of the protection of women from domestic violence rules, 2006. . . 12. ..... the facts involved in the said case was, the wife filed the petition under the provisions of the act and alleged that decree of divorce obtained by the parties was a sham transaction; even after getting divorce, the parties were living together as husband and wife, thereafter she was forced to leave the matrimonial home. ..... with regard to the objection raised by the husband about procedural irregularity - the procedural aspect of the matter is governed by chapter iv - sections 12 to 29 of the act. ..... succinctly stated, the wife filed a petition under section 12 of the act for various reliefs. ..... no law was laid down as binding principle, by the apex court in exercise of its power under article 141 of constitution of india, regarding applicability of section 468 of cr.p.c to seek relief under the act. ..... accordingly, an aggrieved person under section 12 of the - 17 - act can file an application before the magistrate to seek one or more relief under the act. .....
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