Court : Karnataka Dharwad
..... to have turned 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). ..... (2) the 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 ..... protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided 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 ..... and the expenses of such proceeding which the magistrate considers reasonable, and to pay the same to such person as the magistrate may from time to time direct: provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.]. .....
Tag this Judgment!Court : Karnataka Dharwad
..... 2015 on the basis of the complaint filed by the respondent for the offences punishable under sections 18, 19, 20, 22, 23 of the protection of women from domestic violence act, 2005. ..... respondent filed application vide annexure - e, on 23.11.2015, under s.12 of the protection of women from domestic violence act, 2005 (for short, the act) for grant of the reliefs in terms of ss.18, 19, 20, 22 and 23 ..... order to maintain an application, under s.12 of the act, what is required to be brought to the notice of the magistrate is the particulars of relationship, as defined under s 2(f) of the act and the domestic violence, in terms of s.3 of the act, committed by the accused. ..... petitioner being not a relative of the husband of the respondent or the respondent, will have no interest in raising any demand for dowry or causing domestic violence and / or keep the ornaments of the respondent, with her. ..... m.m, palil, learned advocate, contended that the respondent is not an 'aggrieved person' to claim any relief against the petitioner, under the provisions of the act, as (i) there did not exist domestic relationship between the parties; (ii) the respondent did not live with the petitioner in a shared household; and (iii) that they are not related by consanguinity ..... for consideration is, whether there was domestic relationship, as defined in s.2(f) of the act, between the respondent and the petitioner and whether the respondent can maintain application under s.12 of the act, against the petitioner? 7. .....
Tag this Judgment!Court : Karnataka Dharwad
..... ) and jmfc, gadag, which was filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act', for short), approached this court seeking quashing of the entire proceedings against them on several grounds. 2. ..... at the prayer column also, she claimed before the trial court that the court has to pass a protection order preventing the respondents therein from committing domestic violence against her and also for residence and maintenance to her and her child. 9. ..... secondly, he countered the arguments of the learned counsel by submitting that there are sufficient pleadings in the petition as to how the petitioners herein have ill-treated, harassed and caused domestic violence against the 1st respondent herein and in fact the relief is claimed against all the petitioners. ..... if the legislature intended to exclude females from the ambit of the complaint, which can be filed by an aggrieved wife, females would have been specifically excluded, instead of it being provided in the proviso that a complaint could also be filed against a relative of the husband or male partner. ..... per contra, the learned counsel for the respondents herein submits that, though section 2(q) defines 'respondent' to mean an adult male person, but the apex court has enlarged the definition providing authority to the wife even to include the relatives of her husband, if she is really aggrieved by the illegal acts of those relatives of the husband. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the respondent has filed a petition under s.12 of the protection of women from domestic violence act, 2005 (for short, the act ), in crl. ..... at this juncture, we are obliged to state that though it may be difficult to state that the judgment suffers from sans reasons, yet it is not at all difficult to say that the reasons ascribed are really apology for reasons. ..... the filament of reasoning must logically flow from requisite analysis, but, unfortunately, the said exercise has not been carried out. 8. ..... seeking to exercise the revisional powers under section 397 of cr.p.c. ..... i.a.2 filed therein by her, under s.21 of the act, seeking custody of the minor girl child tazin was dismissed by the learned magistrate vide order dated 03.11.2014. 5. .....
Tag this Judgment!Court : Karnataka Dharwad
..... respondent nos.1 and 2 have filed a private complaint no.219/2017 against this petitioner alleging that the petitioner herein has made breach of protection order by not paying maintenance amount as per the order dated 29.07.2015 passed in crl.misc.no.306/2015 and committed offence punishable under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v. ..... seeking to quash the proceedings in cc no.1/2022 u/sec12of the protection of women from domestic violence act, 2005 which is pending on the file of iv the jmfc court, - 2 - nc:2023. ..... parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate; (f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection order.11. ..... further the respondents are prohibited from disposing, alienating or encumbering shared household until further orders provided the petitioners furnish the complete particulars of shared household within 3 days from today.-. ..... act was pressed into service before the trial court essentially on ground that of arrears of the maintenance was not paid and therefore it paved for penal action under section 31 of the d.v act. .....
Tag this Judgment!Court : Karnataka Dharwad
..... section 2(f) of the protection of women 6 from domestic violence act, 2005, defines the relationship to also mean the relationship in the nature of marriage. ..... subsequently the legislature in its wisdom has introduced the protection of women from domestic violence act, 2005 and deemed it fit to enlarge the scope for seeking maintenance. ..... either been deliberately cheated or who has fallen prey to circumstance, by having entered into the contract of marriage during subsistence of the first marriage and in order to address the plight of this section of the fairer sex, the legislature choose to embrace the wider concept and consequentially has 9 afforded protection not only to legally wedded wife but also to women who is in a domestic relationship, which cannot be strictly termed as marriage but is a relationship which is in the nature of marriage. ..... in the event, it is demonstrated by the party that she was in domestic relationship with the deceased then the said person is also entitled for protection and the hon ble apex court while dealing with the said contingencies has in fact recognized the legality of a live-in relationship in its judgement reported in 2010(10) scc469 9. ..... in view of the above discussions, it is held that the women who have shared domestic relationship in the nature of marriage are also entitled to be classified as legal representatives and can stake a claim to the personal estate of the person who shared a domestic relationship with them. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the respondent filed application vide annexure e, on 23.11.2015, under s.12 of the protection of women from domestic violence act, 2005 (for short, the act) for grant of the reliefs in terms of ss.18, 19, 20, 22 and ..... 165/2015 on the basis of the complaint filed by the respondent for the offences punishable under sections18 19, 20, 22, 23 of the protection of women from domestic violence act, 2005. ..... order to maintain an application, under s.12 of the act, what is required to be brought to the notice of the magistrate is the particulars of relationship, as defined under s.2(f) of the act and the domestic violence, in terms :6. ..... petitioner being not a relative of the husband of the respondent or the respondent, will have no interest in raising any demand for dowry or causing domestic violence and / or keep the ornaments of the respondent, with her. ..... the point for consideration is, whether there was domestic relationship, as defined in s.2(f) of the act, between the respondent and the petitioner and ..... will be abuse of process of law to allow the said prosecution to continue against the petitioner, who, apart from being a widow and without issues, is an aged person and living alone.10. ..... : the act, as (i) there did not exist domestic relationship between the parties; (ii) the respondent did not live with the petitioner in a shared household; and (iii) that they are not related by ..... without any application of mind and acting mechanically the case was registered and notice was issued to the .....
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..... ; the order passed in c.mis.no.70/2014 which was filed by the mother of respondent/plaintiff in the court below, along with her five children namely, mahantesh, padmini, pooja, keerthinath and sukanya, under sections 18 to 20 and 22 of the protection of women from domestic violence act, 2005, which was disposed of by order dated 01.08.2015; the order dated 03.06.2014 passed on an application filed under section 23 of the domestic violence act; the judgment dated 18.08.2015 in 8 m.c.no.15/2014 on the file of the prl. ..... the petition which was filed under protection of women from domestic violence act, has reached finality in providing protection order to the wife and children by order dated 01.08.2015 and it is seen that some of the orders therein are pending consideration before the principal district and sessions judge, gadag, in ..... there is already the responsibility on the shoulders of the father to provide maintenance to the other unmarried daughter, who has admittedly discontinued the studies at the stage of ii puc and two other sons who have not yet attained majority and he has to maintain them ..... though, in the petition it was contended that maintenance should be provided until she gets 12 married and as and when her marriage is fixed, she is required to be paid expenses for the said marriage, when the matter went to trial, the plaintiff has not filed ..... what is seen is that the appellant herein has discharged his obligation in providing expenses for education of his daughter.13. .....
Tag this Judgment!Court : Karnataka Dharwad
..... section 2(f) of the protection of women from domestic violence act, 2005 defines the relationship to also mean the relationship in the nature of marriage. ..... subsequently the legislature in its wisdom has introduced the protection of women from domestic violence act, 2005 and deemed it fit to enlarge the scope for seeking maintenance. ..... taking note of the act that a section of the ladies, who has either been deliberately cheated or who has fallen prey to circumstance, by having entered into the contract of marriage during subsistence of the first marriage and in order to address the plight of this section of the fairer sex, the legislature choose to embrace the wider concept and consequentially has afforded protection not only to legally wedded wife but also to women who is in a domestic relationship, which cannot be strictly ..... in the event, it is demonstrated by the party that she was in domestic relationship with the deceased then the said person is also entitled for protection and the hon'ble apex court while dealing with the said contingencies has in fact recognized the legality of a live in relationship on its judgment reported in 2010(10) scc 469. 9. ..... in view of the above discussions, it is held that the women who have shared domestic relationship in the nature of marriage are also entitled to be classified as legal representatives and can stake a claim to the person estate of the person who shared a domestic relationship with them. .....
Tag this Judgment!Court : Karnataka Dharwad
..... ) and jmfc, gadag, which was filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act', for short), approached this court seeking quashing of the entire proceedings against them on several grounds. 2. ..... at the prayer column also, she claimed before the trial court that the court has to pass a protection order preventing the respondents therein from committing domestic violence against her and also for residence and maintenance to her and her child. 9. ..... secondly, he countered the arguments of the learned counsel by submitting that there are sufficient pleadings in the petition as to how the petitioners herein have ill-treated, harassed and caused domestic violence against the 1st respondent herein and in fact the relief is claimed against all the petitioners. ..... if the legislature intended to exclude females from the ambit of the complaint, which can be filed by an aggrieved wife, females would have been specifically excluded, instead of it being provided in the proviso that a complaint could also be filed against a relative of the husband or male partner. ..... per contra, the learned counsel for the respondents herein submits that, though section 2(q) defines 'respondent' to mean an adult male person, but the apex court has enlarged the definition providing authority to the wife even to include the relatives of her husband, if she is really aggrieved by the illegal acts of those relatives of the husband. .....
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