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 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 : Delhi
..... (d) of the protection of women from domestic violence act, 2005 and any other statute ..... .be it ingeminated that section 125 of the code of criminal procedure (for short the code ) was conceived to ameliorate the agony, anguish, financial suffering of a woman who left her matrimonial home for the reasons provided that some suitable arrangements can be made by the court and she can sustain herself and also her children if they are with ..... later the respondent's father, mother and sister have kept all the jewellery and other gifts items with them which was given by the parents of the petitioner and threw her out from the matrimonial house in meerut, up, without any support and money and the petitioner having no source of income is residing at her paternal house and petitioner is unable to maintain herself whereas the respondent is leading ..... constitute a complete code in itself and provide summary procedure and remedy for granting relief to the destitute wife, minor children and parents.65. ..... /2015 page 20 of 37 lawyer in delhi high court and the petitioner after obtaining interim order, evaded to cross-examine herself and because of this reason the learned adj ms ..... occasion of 'teej', the mother-in-law of the petitioner demanded cash to be brought by her from her parents for lancer car and also ordered to get gold chains for the respondent and his father, a gold set for herself, which she told must be heavier than the previous one. ..... in chapter ix of the code of criminal procedure, 1973 .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the expression domestic relationship in section 2(f) of the protection of women from domestic violence act 2005 is restrictive since it is ..... commodity in the warehouse could on the basis of the standard 5 proforma contracts offered by nsel place offers for sale of the commodity on the platform, stipulating the price and quantity offered; (iii) the buying trading member or his broker would input buy orders of a particular commodity and quantity on the nsel trading platform; (iv) when a sale offer and a ..... crystallised from the responses given by m/s grant thornton before the commission on 3-12-2013 stating that shri jignesh shah, mr joseph massey and a host of other officials of ftil reviewed the forensic audit report and it was only after obtaining their clearance ..... the clients/ constituents dealing through them shall strictly abide by the delivery procedure, methods of sampling, survey, transportation, storage, packing, weighing and final settlement procedures, as may be specified by the relevant authority from time to time. ..... 40 chapter 12 of the bye-laws provides the features of the sgf: (i) sgf is utilized for: (a) defraying the expenses for its creation and maintenance ; (b) temporary use of the fund to meet efficiencies arising out of the performance of obligations; (c) payment of premia on insurance covers; (d) payments for the loss or liability of the exchange arising out of clearing and settlement operations ; (e) repayment of the balance deposit to a ..... reliefs .....
Tag this Judgment!Court : Karnataka
..... learned iii additional civil judge and jmfc, mysuru under the provisions of protection of women from domestic violence act, 2005 (hereinafter referred to as 4 the dv act for the sake of brevity) and got an ex-parte order, directing the appellant to arrange for a house and also got issued a non-bailable warrant against the appellant ..... stood before the 1964 amendment permitted only the spouse who had obtained the decree for restitution of conjugal rights to apply for relief by way of divorce; the party against whom the decree was ..... the expression petitioner is not in any way taking advantage of his or her own wrong" occurring in clause(a) of section 23(1) of the act does not apply to taking advantage of the statutory right to obtain dissolution of marriage which has been conferred on him by section 13(1a) in such a case, a party is not taking advantage of his own wrong, but of the legal right following ..... reads as under: section 34 duty of court in passing decrees 12 (1) in any proceeding under chapter v or chapter vi, whether defended or not, if the court is satisfied that, - (a) xxx (b) where the petition is founded on the ground specified in clause (a) of sub-section (1) of section 27, the petitioner has not in any manner been accessory to or connived at or condoned the act of sexual intercourse referred to therein, or, where the ground of the petition is cruelty, the ..... petition under section 125 of the code of criminal procedure, 1973 seeking maintenance which came to be dismissed .....
Tag this Judgment!Court : Delhi
..... the protection of women from domestic violence act, 2005 against ..... december, 2016, whereby sub rule 3 was incorporated to rule 22, which stipulates as under:-""(3)(1) procedure for eviction from property/residential building of senior citizen/parents - (i) a senior citizen may make an application ..... the learned single judge as canvassed by her counsel was that petition filed by dhani ram for eviction was not maintainable as dhani ram had not sought for any relief of maintenance under section 4 of the maintenance and welfare of parents and senior citizens act, 2007 (hereinafter referred to as act of 2007) and that getting rent from the shops on ground floor of the property, he did not require any maintenance and ..... of being heard, the deputy commissioner/dm is satisfied that the eviction order needs the deputy commissioner/dm may make an order of eviction, for lpa7832017 page 8 reasons to be recorded therein, to be made, lpa5372018 page 10 of 20 directing that the property/residential building shall be vacated; (3) enforcement of orders, (i) if any person refuses or fails to comply with the order of eviction within thirty days from the date of its issue, the deputy commissioner/dm or any other ..... parents, which permission stands long withdrawn, the appellants and more specifically appellant no.1 should be compelled to knock the door of the civil court and fight a legal battle to obtain exclusive possession of the property. ..... section 23(1) under chapter v confers a power on the tribunal to .....
Tag this Judgment!Court : Supreme Court of India
..... appellant submitted that: (i) the appellant is residing in her matrimonial home as the lawfully wedded spouse of the fourth respondent and she cannot be evicted from her shared household, in view of the protection offered by section 17 of the protection of women from domestic violence act 200511; 11 pwdv act 2005 8 part b (ii) the proceeding under sections 3 and 4 of the senior citizens act 2007 was filed by her mother-in-law and father-in-law in connivance with her estranged spouse to deprive her of her matrimonial home; (iii) the ..... that (i) the tribunal constituted under the senior citizens act 2007 has the jurisdiction to pass appropriate orders for protecting the life and property of parents and senior citizens, including orders of eviction; (ii) the intent and object of the act is to provide for an inexpensive and speedy relief to parents and senior citizens; (iii) while chapter ii entitles parents and senior citizens to apply for orders to provide monetary relief for sustenance and maintenance, chapter v contains provisions for protecting the life and property of parents and senior citizens ..... in the event that the aggrieved woman obtains a relief from a tribunal constituted under the senior citizens act 2007, she shall duty-bound to inform the magistrate under the pwdv act 2005, as per sub-section (3) of section 26 of the pwdv act 2005. ..... these tribunals have the power to conduct summary procedures for inquiry, with all powers of the civil courts, under section 8. .....
Tag this Judgment!Court : Karnataka
..... the learned magistrate while partly allowing the petition of the wife filed under section 12 of the protection of women from domestic violence ct, 2005 ( the act for brevity), prohibited the husband from inflicting violence against the wife and further ordered, if any such violence is perpetuated, the concerned police shall give adequate protection to her. ..... the code having been made applicable to proceedings under the act by necessary implication, the procedure contemplated under section 125(3) of the code (which is the one for recovery of maintenance 13 amount ordered under section 125(1 &2) of the code) is the only mode for execution of a monetary relief ordered by the magistrate. ..... but deliberately the procedure contemplated under the code at chapter xxiv11pertaining to appeals is not made applicable to an appeal under section 29 of the act, though the appeal to the sessions court is provided. ..... order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the appellate court under sub-section (1), and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) ... 16. ..... the procedure under sub-section (3) since contemplates fine levy warrant for every breach of order in the manner provided for levying fines, the procedure to be followed is chapter xxxii-c-levy of fine sections 421 to 424. .....
Tag this Judgment!Court : Punjab and Haryana
..... application under section 12 of the prevention of women from domestic violence act, 2005 (for short the act . ..... section 12 under chapter iv of the act deals with application to magistrate seeking one or more reliefs under the act, that is to say: (i) right to reside in a shared household (section 17) (ii) protection order (section 18) (iii) residence orders (section 19) (iv) monetary reliefs (section 20) (v) custody orders (section 21) (vi) compensation orders (section 22) (vii) power to grant interim and ex parte orders (section 23) section 28 of the act deals with procedure and a relevant ..... chapter iv of the act provides for obtaining orders/reliefs ..... nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under ..... the code of criminal procedure (for short the code . ..... it is argued that the respondent left the matrimonial home in the year 2007 and lodged proceedings under section 12 of the act in the year 2012 with an intent to wreak vengeance and cause harassment to the petitioners and others.respondent no.2 is working as a teacher and has sufficient means ..... counsel for the petitioners is fair enough to concede that in proceedings under section 12 of the act for claiming any of the aforesaid reliefs, the presence of the respondent(s) therein cannot be procured by coercive means i.e.warrants (bailable or non-bailable).it is also not denied that personal appearance of the respondent(s) is not required during .....
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