Court : Mumbai Goa
..... this criminal writ petition involves a question of law as to whether subsistence of marriage is sine qua non for maintainability of a complaint under section 12 of the offence under the protection of women from domestic violence act, 2005? 2. ..... thereafter, the respondent/husband stopped paying the said amount, from august 2011, the petitioner filed application under section 12 of the protection of women from domestic violence (d.v. ..... section 3 of the said act covers different types of domestic violence which is physical abuse, sexual abuse, emotional abuse and so also various types of harassment threats, endangering lives verbal and emotional abuse etc. ..... refers to section 3 of the chapter ii of the act which is captioned as domestic violence?. ..... sections 2(g) while defining the term domestic violence? ..... the act itself provides internal aid for interpretation of sections, which can be analyzed together. 9. ..... 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 marriage may also file a complaint against the relative of the husband or the male partner.? ..... provided that an aggrieved wife or female living in a relationship in the nature of marriage may also file a compliant against the relative of the husband or the male partner. .....
Tag this Judgment!Court : Chennai
..... brief facts of the case are as follows:- (i) the respondent as a complainant filed a petition in m.p.no.59 of 2012 under section 12 of the protection of women from domestic violence act, 2005, (hereinafter referred to as the act) seeking interim relief of residence order and monetary reliefs per month under section 23(3) of the act. ..... , the learned counsel appearing for the respondent would vehemently contend that in the cases filed under protection of women from domestic violence act, 2005, the learned magistrate has power to pass interim and ex-parte orders and there is no provision available in the said act to set aside the order passed by the learned magistrate under section 23 of the act. ..... above circumstances, it is useful to extract section 23 of the protection of women from domestic violence act, 2005 which reads as follows:- "23. ..... the order passed by the learned x metropolitan magistrate, egmore, chennai, under section 23(3) of the domestic violence act is perfectly valid and it is acceptable. ..... on a perusal of the entire provision of the domestic violence act, it is seen that there is no provision available to set aside the interim order or ex-parte order passed under section 23 of the act. ..... perusal of the entire papers, it is seen that m.p.no.59 of 2012 was filed by the respondent herein seeking for the interim relief of residence order and monetary reliefs per month under section 23(3) of the domestic violence act. ..... this clause provides for grant of interim orders by the .....
Tag this Judgment!Court : Supreme Court of India
..... having noted the relevant provisions in the protection of women from domestic violence act, 2005, we may point out that the expression `domestic relationship' includes not only the relationship of marriage but also a relationship ..... be to be examined from the point of view of the protection of women from domestic violence act, 2005. ..... and this change has been reflected and recognized by parliament by enacting the protection of women from domestic violence act, 2005.38. ..... with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent";section 2(f) states :"2(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family"; section 2(s) states :"2(s) "shared household" means a household where the person ..... "section 3(a) states that an act will constitute domestic violence in case it-"3(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse ..... section 26(1) provides that the relief mentioned in section 20 may also be sought in any legal proceeding, before a civil court, family ..... , a meretricious contract exclusively for sexual service is held in all us courts as .....
Tag this Judgment!Court : Kerala
..... is the court of magistrate while discharging functions under the protection of women from domestic violence act (for short, the act) a criminal court inferior to the court of sessions and the high court? ..... 969 of 2011 petitioners suffered an order under s.12 of the protection of women from domestic violence act (for short, the act). ..... jurisdiction is conferred under the act on the magistrate and the expression magistrate is defined in s.2(i) of the act as meaning the judicial magistrate of first class, or as the case may be, the metropolitan magistrate, exercising jurisdiction under the code in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place. ..... learned counsel for petitioners contend that proceeding before the magistrate under the provisions of the act except the provisions under s.31 and s.33 of the act which provide for punishment are civil in nature and that the magistrate is to exercise power for providing maintenance, recovery of property, providing residence order and such other reliefs which are in the nature of a civil proceeding. ..... but sub-section (2) of s.28 states that nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under s.12 or under sub-section (2) of s.23 of the act. ..... s.19 confers power on the magistrate to pass residence orders while disposing of an application under sub-section (1) of s.12. .....
Tag this Judgment!Court : Mumbai
..... the trial court came to the conclusion that the prosecution though has not proved that the deceased was subjected to a cruelty as contemplated under section 498-a of ipc or that deceased was subjected to the domestic violence as contemplated under the protection of women from domestic violence act, 2005 during the period in between her marriage and occurring of her death, the prosecution has established the circumstances leading to the sole inference of guilt of conclusion of guilt of the appellants of committing her murder in furtherance of their ..... and under section 31 of the protection of women from domestic violence act, 2005 in the 22nd court of metropolitan magistrate at andheri, mumbai. 3. ..... and for offence under section 31 of protection of women from domestic violence act read with section 34 of i.p.c. ..... or domestic violence as contemplated under the protection of women from domestic violence act, the same by ipso facto denotes that deceased was not treated with cruelty or that relationship in between deceased and the appellants were normal or that the appellants had no motive to commit the crime in question as ..... it was urged that the trial court while considering the import of the circumstances emerging from the prosecution evidence completely overlooked the vital aspect that even the complaint lodged by pw1 was not for an offence of murder but was for offences under section 498-a, offence under domestic violence act and the same having led the said deceased to commit suicide. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... person" is given in section 2(a) of protection of women from domestic violence act, 2005 which is as under: "2(a) "aggrieved person" - means any woman who is, or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; 5 ..... in section 2(f) of protection of women from domestic violence act, 2005, definition of "domestic relationship" is given as under : "2(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, ..... filed for some reliefs under the protection of women from domestic violence act, 2005, by respondent no.1. 2. ..... " the definition of "domestic violence" is given in section 3 of the said act as under : "3) definition of domestic violence - for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) harms or injures or endangers the health, safety, life, limb or well being whether mental or physical of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal ..... explanation ii - for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be .....
Tag this Judgment!Court : Mumbai
..... 25/dv/2012 filed by respondent no.1 under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') 3. ..... in the complaint can be reproduced as under: (a) this hon'ble court may be pleased to pass a permanent perpetual protection order in favour of complainant/applicant restraining and prohibiting the respondent from (i) committing any further act of domestic violence upon the complainant; (ii) aiding or abetting in the commission of acts of domestic violence upon the complainant ; (iii) threatening the complainant in any form, whatsoever, (iv) obstructing the complainant from having free ingress and egress into the residence at aashirwad bungalow, carter road, bandra (west ..... the petitions under section 12 of the act are filed against the petitioners in the court of magistrate by virtue of proviso to section 2 (q) of the act which runs as under: 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. 21. ..... (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party. .....
Tag this Judgment!Court : Mumbai
..... the applicant herein is seeking the relief of quashing of the complaint on the basis of which he is being prosecuted under the provisions of sections 12, 18, 21 and 23 of the protection of women from domestic violence act, 2005 in complaint no.524 of 2013 pending before the judicial magistrate (2nd court) at thane. 2. ..... thane, under the provisions of protection of women from domestic violence act, 2005 alleging therein that she was married to the applicant on 11.5.1995. ..... the hon'ble single bench has observed as under:- "the said words therefore have been used purposefully as the said act has been enacted to protect a woman from domestic violence and, therefore there cannot be any fetter which can come in the way by interpreting the provisions in a manner to mean that unless the domestic relationship continues on the date of the application, the provisions of the said act cannot be invoked. ..... no case is made out under the domestic violence act 2005. ..... section 2(f) of the domestic violence act reads thus :- "2(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;" section 2(g) defines "domestic violence" as is defined under section 3 of the act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the protection of women from domestic violence act 2005 provides more effective protection of the rights of women guarantee under the constitution who are victims of violence of any kind occurring within the meaning of family and for matters connected therewith or incidental thereto ..... clause (a) of section 2 defines aggrieved person as under: 2(a) `aggrieved person' means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; ..... respondent herein is the original applicant and she filed proceedings under section 12 of the protection of women from domestic violence act, 2005 (for short, ?d.v. ..... was the case of the applicant that she was living in domestic relationship with the non-applicants in a shared household and she was subjected to domestic violence as envisaged under d.v. ..... was also found by the learned magistrate that the applicant has proved domestic violence to her. ..... reported in (2013) 15 scc 755 live-in relationship is not a relationship in the nature of a marriage and it is not in domestic relationship as envisaged under section 2(f) of d.v. ..... the question of domestic relationship goes to the root of the matter, it would be useful to refer to section 2(f) of d.v. ..... the evaluation of oral as well as the documentary evidence, the learned magistrate recorded a finding that there was a domestic relationship between the parties within the meaning of section 2 (f) of d.v. .....
Tag this Judgment!Court : Mumbai Goa
..... be that as it may, the present dispute arises out of an application under section 12 of the protection of women from domestic violence act, 2005 (the act of 2005, for short), filed by the respondent before the learned magistrate, for various reliefs under sections 18, 19, 20, 21 and 22 of the act of 2005. ..... thus, it is clear that the act of 2005 makes provision for effective protection of the rights of women, who are subjected to the acts of domestic violence, as defined in section 2(g), read with section 3 of the act of 2005. ..... the statement of object and reasons of the act of 2005 shows that the act of 2005 is enacted 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 matter connected therewith or incidental thereto. ..... it is obvious that the act of 2005 makes provision for a summary and speedy remedy to the aggrieved person, when it provides under section 12(4) of the act of 2005 that the magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application and further section 12(5) of the act of 2005 provides that the magistrate shall endeavour to dispose of every application made under section 12(1), within a period of 60 days from the date of its first hearing. ..... shri khandeparkar, learned counsel waives service on behalf of the respondent. .....
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