Court : Karnataka
..... 210/2012, against the petitioners herein, in the court of the metropolitan magistrate, bengaluru, under s.12 of the protection of women from domestic violence act, 2005 (for short, 'the act'), for grant of relief under ss.18, 20 and 22 and the learned magistrate, by an order dated 10.10.2012 having taken cognizance and ordered notice, this petition was filed to quash the proceedings of the said case. 2. ..... chapter iv of the act deals with "procedure for obtaining orders of reliefs". ..... any relief available under the said provisions can also be sought for in any legal proceeding even before a civil court and family court apart from a criminal court, whether such proceeding was initiated before or after commencement of the act, subject to the condition that, in case, any relief has been obtained by the aggrieved person in any proceedings other than the proceedings under the act, she shall be bound to inform the magistrate of the grant of such relief. 7. in v.d. ..... bhanot (supra), apex court, while considering a complaint by wife alleging domestic violence, long years after marriage, having no children, left alone at her advanced age, without any proper shelter, protection and means of sustenance, has held that the conduct of parties even prior to the coming into force of the act could be taken into consideration while passing an order under ss.18, 19 and 20 thereof. .....
Tag this Judgment!Court : Karnataka
..... 210/2012, against the petitioners herein, in the court of the metropolitan magistrate, bengaluru, under s.12 of the protection of women from domestic violence act, 2005 (for short, 'the act'), for grant of relief under ss.18, 20 and 22 and the learned magistrate, by an order dated 10.10.2012 having taken cognizance and ordered notice, this petition was filed to quash the proceedings of the said case.2. ..... chapter iv of the act deals with procedure for obtaining orders of reliefs . ..... any relief available under the said provisions can also be sought for in any legal proceeding even before a civil court and family court apart from a criminal court, whether such proceeding was initiated before or after commencement of the act, subject to the condition that, in case, any relief has been obtained by the aggrieved person in any proceedings other than the proceedings under the act, she shall be bound to inform the magistrate of the grant of such relief.7. in v.d. ..... bhanot (supra), apex court, while considering a complaint by wife alleging domestic violence, 7 long years after marriage, having no children, left alone at her advanced age, without any proper shelter, protection and means of sustenance, has held that the conduct of parties even prior to the coming into force of the act could be taken into consideration while passing an order under ss.18, 19 and 20 thereof. .....
Tag this Judgment!Court : Karnataka
..... the operative portion of the order passed by the learned magistrate reads as under ; the honble chief metropolitan magistrate, bengaluru by special notification dated 03.06.2015, allotted jurisdiction to all metropolitan traffic courts as per the annexure of the said notification and from then, the petitions were directed to be filed 14 before the mmtcs, prior to this notification, it is the cmm court which used to allot the petition under the protection of women from the domestic violence act, 2005 to the mmtcs. ..... the protection of women from the domestic violence act, 2005 is a special act providing more effective protection of the rights of women, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. ..... the trial court has failed to follow the procedure prescribed in chapter xiii of cr.pc. ..... thus even if for a 20 temporary period of time, an aggrieved person is residing at a place, she can seek reliefs under the 2005 act by filing an appropriate application before the competent court within the local limits whose jurisdiction such place situates.24. .....
Tag this Judgment!Court : Supreme Court of India
..... in this judgment, this court struck down a portion of section 2(q) of the protection of women from domestic violence act, 2005. ..... but has not applied to the mamlatdar on or before the 31st day of march, 1957 under section 29 for obtaining possession of the land: provided that if an application made by the landlord under section 29 for obtaining possession of the land has been rejected by the mamlatdar or by the collector in appeal or in revision by the maharashtra revenue tribunal under the provisions of this act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. ..... there this construction from the title of section 25-b which states special procedure for the disposal of applications for eviction on the ground of bona fide requirement . ..... (1) notwithstanding anything contained in sections 14 and 30 but subject to sections 31-a to 31-d (both inclusive), a landlord (not being a landlord within the meaning of chapter iii-aa) may, after giving notice and making an application for possession as provided in sub-section (2), terminate the tenancy of any land (except a permanent tenancy), if the 13 landlord bona fide requires the land for any of the following purposes:- (a) for cultivating personally, or (b) for any non-agricultural purpose. ..... the words added by the 1969 amendment thus gave relief to tenants only qua minor landlords and not the other two 56 categories. .....
Tag this Judgment!Court : Delhi
..... procedure be followed in all cases relating to maintenance including cases under hindu marriage act, 1955, protection of women from domestic violence act, 2005, hindu adoption and maintenance act, 1956, special marriage act, 1954 indian divorce act ..... respect to the necessity of affidavit of assets, income and expenditure of the parties to determine the true income of the parties and the direction of this court in the order dated 18th september, 2014 for filing of the affidavit of assets, income and expenditure at the very threshold of matrimonial litigation in all matrimonial cases to do complete justice is in conformity with the international ..... the discovery and vindication and establishment of truth are main purposes certainly of the existence of courts of justice; still, for the obtaining of these objects, which, however valuable and important, cannot be usefully pursued without moderation, cannot be either usefully or creditably pursued unfairly or gained by unfair ..... act is reproduced hereunder: section 10 - procedure generally (1) subject to the other provisions of this act and the rules, the provisions of the code of civil procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings other than proceedings under chapter ix of the code of criminal procedure ..... require the party to state whether similar monetary relief has been claimed in any other proceedings and if so, the particulars of the monetary relief awarded be given. .....
Tag this Judgment!Court : Andhra Pradesh
..... ) nos.22371, 22956, 23270, 23432 and23568of2015common order: all these five matters listed for hearing on the office note for orders as to maintainability of quash petition under section 482 cr.p.c in an application filed under the protection of women from domestic violence act, 2005 (for short the act) that was taken cognizance to the file and numbered and the learned magistrate issued summons consequently, by impugning the same. ..... by rules made under this act; as per section 2(q) of the act, respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act: provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner; the reliefs and procedure for obtaining orders or reliefs provided in chapter-iv of the act, of which sections 12 to 29 are ..... it is to say sections 126 to 128 procedure also equally apply to domestic violence act reliefs if there is no special provision or special procedure or specific rule made there under. .....
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 : 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
..... to the provisions of the protection of women from domestic violence act, 2005, with particular reference to the rights vested in the wife and as a pointer in this regard, he would refer to the provisions of section 2(s) of the act. ..... it is contended that the respective spouses, in their applications, made for obtaining the license in form 41 at column no.7 have categorically stated that ..... would further contend that the word or otherwise used in section 28 will take the colour from its 74 preceding words that is species of contingencies over which neither the act nor legislature have any control and hence the provision of section 17 (2) cannot be imported or read into section 28 and hence the impugned order holding that the petitioners ceases to be a member is without authority of law as the ..... interpretation of a section vis-`-vis the scheme of the act, the purport and object of the legislation, particularly having regard o the mischief it seeks to remedy; the chapter heading as also the marginal note, in our opinion ..... member is mandated to hold office for the entire stipulated term, that the right to hold office can be curtailed, only by resorting to a procedure contemplated under the act and in the manner known to ..... petitioners approached this court by way of writ petition in w.p.no.10570/2017 and 10574/2017, respectively, calling in question the 2nd enquiry notice dated 20.02.2017 only and for a further relief to prohibit the second respondent therein from conducting any enquiry. .....
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 .....
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