Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... hence, 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. ..... section 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 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. ..... the following orders be passed under protection of women from domestic violence act2005 sec.17: right to reside in a shared household. ..... the petitioner 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. .....
Tag this Judgment!Court : Karnataka Dharwad
..... respondent has filed a petition under s.12 of the protection of women from domestic violence act, 2005 (for short, the act ), in crl. ..... and sessions judge, belagavi, sitting at chikodi, allowing the appeal and thereby , setting aside the order impugned therein, with a direction to handover the minor child tazin to the custody of the respondent mother, this petition was filed. ..... 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 ..... 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. ..... the filament of reasoning must logically flow from requisite analysis, but, unfortunately, the said exercise has not been carried out. ..... allow the prayer in i.a.ii filed, the impugned order has been passed. 9. ..... court has duty to give reasons while reversing an order passed by the magistrate. ..... no.149/2014 and examine the legality, correctness or otherwise the maintainability of the orders dated 09.10.2015 and set aside the same by confirming the orders passed on i.a. ..... to exercise the revisional powers under section 397 of cr.p.c. ..... the interim order passed in this petition shall operate till the appeal is decided afresh by the ..... was allowed and an order, as above, having been passed, this petition was filed to set aside the said order. 6. .....
Tag this Judgment!Court : Karnataka
..... she has filed a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act") interalia alleging the domestic violence and seeking relief of monetary benefit, protection and other reliefs.3.the learned magistrate considering the nature of allegation in the application has ordered issue of summons and has also passed the order for monetary benefit to the respondent. ..... rule 5 relates to submission of the report by the protection officer, in case if he has received any complaint from any person about the domestic violence suffered by a woman. ..... he further submitted that, magistrate court has no jurisdiction, as the respondent wife has shown her address at mysore only in the cause title, but has not explained as to whether she is residing at mysore or not.5.section 12 of the act confers power on the aggrieved party or protection officer or any person to initiate proceedings under section 12 of the act. ..... there is no requirement for the aggrieved party to file a report of the protection officer along with application under section 12 of the act. ..... rules 4, 5 and 6 relates to the submission of report by the protection officer and not by the aggrieved party.6.section 12 enables any person or aggrieved person or protection officer. ..... 11 the protection officer is required to tile a petition, he would file the said petition under section 12 r/w rule 6 of the rule. .....
Tag this Judgment!Court : Karnataka
..... the writ petition was filed challenging the order dated january 23, 2013, passed on an application filed by the writ petitioner-appellant under sections 18, 19 and 20 of the protection of women from domestic violence act, 2005. 3. ..... of this court in the case of tammanna and others versus- miss renuka and others reported in ilr 2009 karnataka 1207, we are of the considered opinion that no appeal would lie under section 4 of the karnataka high court act against the order of the hon ble single judge passed in exercise of the power conferred under section 482 of the code of criminal procedure, 1973, or under article 227 of the constitution of india, in the matter arising out of the ..... (prayer: this writ appeal is filed under section 4 of the karnataka high court act praying to set aside the order passed in writ petition no. ..... the aggrieved appellant approached this court under section 482 of the code of criminal procedure, 1973, read with article 227 of the constitution of india. ..... this writ appeal is against the judgment and order dated march 6, 2014, passed by the hon ble single judge, in writ petition no. ..... we make no order as to costs. .....
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