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. .....
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..... 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 ..... it is needless to state that the person alleging to have been in domestic 10 relationship is required to produce a high order of proof and mere casual evidence will not suffice to demonstrate the relationship in the nature of marriage.12 ..... 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 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. ..... on these set of facts, the tribunal on erroneous assumptions of law proceeded to reject both claim petitions by the common order without entering upon and adjudicating either liability or quantum.6. ..... basavanni s/o parasappa kadalgi, age19years5 appayya s/o parasappa kadalgi, age16years appellant nos.3 to5all r/o managutti, hukkeri belgaum r3 to r5 are deleted as per order dated0804.2013 ... ..... ordered accordingly .....
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..... 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. ..... the magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from (a) committing any act of domestic violence; - 7 - nc:2023. .....
Tag this Judgment!Court : Karnataka Dharwad
..... 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. ..... 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 ..... 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. ..... 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 ..... in 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, ..... the learned magistrate, in the order passed on 25.11.2015, directed registration of criminal miscellaneous case and to issue ..... praying to quash the impugned order passed by the civil judge and jmfc, mundargi, ..... no.165/2015 and ordered notice as per annexure - f, statement of objections of the petitioner, vide annexure - g, was filed .....
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..... herein to the respondent for her education; 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/ ..... 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 ..... , gadag, which was filed under section 9 of the hindu marriage act, by the respondents mother against the appellant herein, which was allowed by the aforesaid order and the decree drawn thereunder in ..... o.s.no.12/2014 was filed under section 20 of the hindu adoption and maintenance act, along with invoking the provisions of order vii rule 1 of the ..... in the meanwhile, it is also necessary to refer that an application in ia-1/2019 which was filed for production of additional documents by the appellant is already allowed by an order dated 06.09.2019, wherein he has produced a copy of the mortgage deed 9 to show that he has mortgaged an immovable property to raise funds for the education of the .....
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 ..... the legislature in its wisdom has introduced the protection of women from domestic violence act, 2005 and deemed it fit to enlarge the scope ..... 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) ..... it is needless to state that the person alleging to have been in domestic relationship is required to produce a high order of proof and mere casual evidence will not suffice to demonstrate the relationship in the nature ..... 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 ..... , the tribunal on erroneous assumptions of law proceeded to reject both claim petitions by the common order without entering upon and adjudicating either liability or quantum. 6. ..... ordered .....
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..... ) 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 ..... ample power after the evidence being recorded and after hearing on merits, to order that the petitioners herein have to allow the 1st respondent to reside in the matrimonial home itself and the court has also got power to restrain the petitioners from causing any domestic violence against the wife. 10. ..... 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. ..... 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. ..... the order sheet of the trial court produced by the petitioners discloses that, after filing of the petition under section 12 of the act, the court has issued notice and the petitioners have also appeared before the trial court and they have to file their counter to the petition filed by the ..... circumstances, i do not find any strong reasons to interfere with the orders passed by the trial court and issuing notice to the petitioners. .....
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..... the marital life between the couple appears 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). ..... 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 .....
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 ..... ample power after the evidence being recorded and after hearing on merits, to order that the petitioners herein have to allow the 1st respondent to reside in the matrimonial home itself and the court has also got power to restrain the petitioners from causing any domestic violence against the wife. 10. ..... 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. ..... 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. ..... the order sheet of the trial court produced by the petitioners discloses that, after filing of the petition under section 12 of the act, the court has issued notice and the petitioners have also appeared before the trial court and they have to file their counter to the petition filed by the ..... circumstances, i do not find any strong reasons to interfere with the orders passed by the trial court and issuing notice to the petitioners. .....
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..... 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 23. ..... no.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. ..... in 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. ..... the 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. ..... this criminal petition coming on for admission, this day, the court made the following: - order this petition was filed for quashing of the case filed by the respondent herein, registered as cri. ..... the learned magistrate, in the order passed on 25.11.2015, directed registration of criminal miscellaneous case and to issue notice to the respondent. ..... praying to quash the impugned order passed by the civil judge and jmfc, mundargi, in criminal misc. ..... no.165/2015 and ordered notice as per annexure - f, statement of objections of the petitioner, vide annexure g, was filed on 21.12.2015.4. .....
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