Court : Karnataka Dharwad
..... sore, pursuant to which, among other proceedings the respondent-wife files a petition in crl.misc.no.2/2009 invoking section 12 of the protection of women from domestic violence act, 2005 ( act for short). ..... relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the magistrate under this act ..... shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the code of civil procedure ..... 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 .....
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 : Delhi
..... tiwari in writ petition no.10696/2017, it being apparent through the pleadings on the record that the premises in suit do not fall within the category of a shared household in terms of section 2 (s) of the protection of women from domestic violence act, 2005, the substantial questions of law sought to be urged by the appellant as referred to in para 18 hereinabove do not arise for consideration in the instant case in as much as the rights of the appellant cm (m) 1582/2018 page 28 of 40 and her daughter to live in the premises belonging to the respondent no.1 i.e. ..... virender kumar bajaj in civil appeal no.6106- 6108/2015 to contend that the decree under order 12 rule 6 of the cpc which is a discretionary relief ought not to have been granted by the learned trial court in favour of the respondent no.1 and the same ought not to have been upheld by the first appellate court in as much as all the issues which have ..... they have been able to show before the court that they had to go to the united states of america for obtaining medical treatment. ..... the provisons of the protection which is contemplated under chapter v is an empowering provision for the welfare of a senior citizen that must be read cohesively that the right of a woman to be protected which is guaranteed under the act of 2005. ..... thus, under order xii rule 6 civil procedure code ( cpc ) since the ownership by shri k. a. .....
Tag this Judgment!Court : Karnataka
..... married lady who is neglected by her husband even before the coming into force for the protection of women from domestic violence act, 2005, is entitled to seek maintenance under the provisions of the protection of women from domestic violence act? ..... the protection of women from domestic violence act, 2005, is enacted to provide for an effective protection of the rights of women guaranteed under the constitution of india who are victims of domestic violence and other ..... under sections 9(b) and 37(2)(c) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the d.v. ..... found in paragraph 12 of the judgment and the same is reproduced below: the protection of women of from domestic violence act came into force on 26.10.2006 vide so 1776(e) dated 17.10.2006. ..... act speaks about the procedure for obtaining orders and reliefs ..... definition of domestic violence: explanation i: for the purposes of this section (i) (ii) (iii) (iv) economic abuseincludes- a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court of otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of ..... person can come within the definition of domestic violenceexplained in chapter ii of the act. .....
Tag this Judgment!Court : Karnataka
..... by way of this petition she seeks protection order under section 18, residence under section 19, to pay monetary relief under section 20 and to grant compensation or damages under section 22 of the protection of women from domestic violence act, 2005.6. ..... 29 of the protection of women from domestic violence act, 2005 relates to preferring an appeal against the order passed by the magistrate as the appeal would lie within 30 days from the date of the order. ..... the following orders be passed under protection of women from domestic violence act2005 sec.17: right to reside in a shared ..... in person has taken various contentions in this revision petition, against the order passed by the appellate court relating to the petition filed by her seeking relief under the domestic violence act, 2005. ..... interpretation given to the domestic relationship relating to the petitioner as well as the first respondent late manmohan attavar in the instant case, has not been established by the petitioner for seeking the relief under the provisions of the protection of women from domestic violence act, 2005. :36. ..... exhibit p-2 is the certified copy of the decree of divorce obtained by her from her ex-husband shri harishchandra chabbra on 10.10.1996. ..... the aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law. 19. ..... (4) an order under sub-section (3) shall be deemed to be an order under chapter viii of the .....
Tag this Judgment!Court : Karnataka
..... the protection of women from domestic violence act, 2005, is enacted to provide for an effective protection of the rights of women guaranteed under the constitution of india who are victims of domestic violence and other matters incidental thereto. ..... in the judgment of the first appellate court so as to invoke the revisional jurisdiction vested in this court under section 397, cr.p.c.?.2) whether a married lady who is neglected by her husband even before the coming into force fo the protection of women from domestic violence act, 2005, is entitled to seek maintenance under the provisions of the protection of women from domestic violence act?.3) whether the quantum of maintenance awarded by the first appellate court requires any interference and if so, to what extent?. ..... petition had been filed under sections 9(b) and 37(2)(c) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the d.v.act, for brevity). ..... the relevant discussion is found in 29 paragraph 12 of the judgment and the same is reproduced below: the protection of women of from domestic violence act came into force on 26.10.2006 vide so1776e) dated 17.10.2006. ..... section 12 of the d.v.act speaks about the procedure for obtaining orders and reliefs under the d.v.act. ..... to the aggrieved person can come within the definition of domestic violence explained in chapter ii of the act. .....
Tag this Judgment!Court : Supreme Court of India
..... 125 of the crpc is independent of and in addition to maintenance that could be awarded under the protection of women from domestic violence act, 2005 (for short, 2005 act ) which is applicable to an aggrieved woman in a shared household as defined under the provisions of the aforesaid act.8 ..... applicable to the parties, was payable on such divorce, cancel such order (i) in the case where such sum was paid before such order, from the date on which such order was made; (ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman; (c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to ..... of 43 muslim women of their right to maintenance from their former husbands under the beneficial provisions of the code of criminal procedure which are otherwise available to all other women in india cannot be stated to have been effected by a reasonable, right, just and fair law and, if these provisions are less beneficial than the provisions of chapter ix of the code of criminal procedure, a divorced muslim woman has obviously been unreasonably discriminated and got out of the protection of the provisions ..... . e) in case of an illegal divorce as per the provisions of the 2019 act then, i) relief under section 5 of the said act could be availed for seeking subsistence allowance or, at the option of such a muslim woman, remedy under section 125 of the crpc .....
Tag this Judgment!Court : Andhra Pradesh
..... the first respondent herein filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (for short the act) on the file of iv metropolitan magistrate, hyderabad against the petitioner claiming reliefs under sections 14, 16 to 20 and 22 of the act. ..... of cases which are only illustrative: a) domestic relationship between an unmarried adult woman and an unmarried adult male: relationship between an unmarried adult woman and an unmarried adult male who lived or, at any point of time lived together in a shared household, will fall under the definition of section 2(f) of the dv act and in case, there is any domestic violence, the same will fall under section 3 of the dv act and the aggrieved person can always seek reliefs provided under chapter iv of the dv act. ..... in order 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 there with or incidental thereto, enacted the dvc act, 2005. ..... 22 as per the allegations made in the complaint, the first respondent and the petitioner lived together in a house bearing d.no.21-4-82, 14th industrial area, gowtham nagar, ramagundam, karimanagar district for a period of two to three years after she obtained alleged customary divorce from her husband. ..... section 28 of the act mandates that the judicial magistrate of i class has to follow the procedure contemplated under cr.p.c. .....
Tag this Judgment!Court : Delhi
..... the magistrate (hereafter called trial court) issued notice to the petitioner on a complaint under section 12 of the protection of women from domestic violence act, 2005 (in short d.v. ..... this judgment answers a reference to this division bench, requiring resolution of a conflict between the decision of two learned single judges of this court on the question whether a magistrate can act straightaway on a complaint made by an aggrieved person, under the protection of woman from domestic violence act, 2005 (hereafter the act). ..... reference was also made to rules 4, 5, 6, 8 and 9 of the protection of women from domestic violence rules, 2006 (in short the rules). 5. ..... the other aspect is that the plenitude of section 23 which empowers the court to make wide ranging ex-parte orders, and section 25 (2) which permits the court to devise its own procedure, having regard to the exigencies of the case, are uniquely suited mechanisms intended by parliament to empower the court to take into consideration unique situations which might confront it, whenever relief is applied for by an aggrieved person, or on her behalf. 18. ..... the relevant portion of the said judgment is reproduced hereunder: domestic violence act provides for obtaining domestic incident report. ..... (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 accordingly. .....
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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