Court : Karnataka
..... . the court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right of the residence.22 ..... . para 12 of the plaint would give an indication as to why this dispute has arisen between father and the son and the said pleadings would also enable this court to assert whether son to overcome an eviction order under the provisions of senior citizens act, 2007 has set up his wife to invoke the provisions of domestic violence act ..... . act,2005 which protects a woman's right to reside in her shared household, ensuring neither act's provisions are unjustly negated, as highlighted in vanita v ..... . the daughter-in-law also cannot seek protection and assert her right to reside in the disputed residential 36 house by taking benefit of proviso to definition 2(q) of the d.v.act, 2005.30 ..... he has vehemently argued and contended that daughter-in-law s invocation of domestic violence is patently manipulative and the proceedings are initiated only to get over the eviction order passed under the senior citizens act, 2007. ..... . these include residence orders, protection orders, and monetary reliefs .....
Tag this Judgment!Court : Karnataka
..... . the court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right of the residence.22 ..... . para 12 of the plaint would give an indication as to why this dispute has arisen between father and the son and the said pleadings would also enable this court to assert whether son to overcome an eviction order under the provisions of senior citizens act, 2007 has set up his wife to invoke the provisions of domestic violence act ..... . act,2005 which protects a woman's right to reside in her shared household, ensuring neither act's provisions are unjustly negated, as highlighted in vanita v ..... . the daughter-in-law also cannot seek protection and assert her right to reside in the disputed residential 36 house by taking benefit of proviso to definition 2(q) of the d.v.act, 2005.30 ..... he has vehemently argued and contended that daughter-in-law s invocation of domestic violence is patently manipulative and the proceedings are initiated only to get over the eviction order passed under the senior citizens act, 2007. ..... . these include residence orders, protection orders, and monetary reliefs .....
Tag this Judgment!Court : Karnataka
..... . the court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right of the residence.22 ..... . para 12 of the plaint would give an indication as to why this dispute has arisen between father and the son and the said pleadings would also enable this court to assert whether son to overcome an eviction order under the provisions of senior citizens act, 2007 has set up his wife to invoke the provisions of domestic violence act ..... . act,2005 which protects a woman's right to reside in her shared household, ensuring neither act's provisions are unjustly negated, as highlighted in vanita v ..... . the daughter-in-law also cannot seek protection and assert her right to reside in the disputed residential 36 house by taking benefit of proviso to definition 2(q) of the d.v.act, 2005.30 ..... he has vehemently argued and contended that daughter-in-law s invocation of domestic violence is patently manipulative and the proceedings are initiated only to get over the eviction order passed under the senior citizens act, 2007. ..... . these include residence orders, protection orders, and monetary reliefs .....
Tag this Judgment!Court : Karnataka
..... . the court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right of the residence.22 ..... . para 12 of the plaint would give an indication as to why this dispute has arisen between father and the son and the said pleadings would also enable this court to assert whether son to overcome an eviction order under the provisions of senior citizens act, 2007 has set up his wife to invoke the provisions of domestic violence act ..... . act,2005 which protects a woman's right to reside in her shared household, ensuring neither act's provisions are unjustly negated, as highlighted in vanita v ..... . the daughter-in-law also cannot seek protection and assert her right to reside in the disputed residential 36 house by taking benefit of proviso to definition 2(q) of the d.v.act, 2005.30 ..... he has vehemently argued and contended that daughter-in-law s invocation of domestic violence is patently manipulative and the proceedings are initiated only to get over the eviction order passed under the senior citizens act, 2007. ..... . these include residence orders, protection orders, and monetary reliefs .....
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. ..... (1) while disposing of an application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) directing the respondent to remove himself from the shared household; :30. .....
Tag this Judgment!Court : Karnataka
..... submission of learned counsel for the respondent is that, as the protection of women from domestic violence act, 2005 has been enacted to protect the women being the victims of domestic violence, it is therefore contended that the reference to the statement of objects and reasons that the provisions contained in sub-section (3) of section 29 will be applicable even to the domestic violence act and it is not restricted only to the law relating to marriage and divorce. 14. ..... though, learned counsel for the parties also referred to the commencement of the period of 30 days in preferring the appeal, by referring to the provisions contained in section 29 of the domestic violence act, 2005, since in the instant case, the petitioner has already obtained the order from the trial court and had preferred an appeal, the need to consider the contentions urged in this connection therefore may not arise in the present case and in an appropriate case, such aspect could be considered. 22. ..... the petitioner herein being the husband contested the said application and ultimately, the trial court by its order dated 19.06.2010, directed the petitioner herein to provide residence to the 1st respondent and in the event of the petitioner giving up his rights in the government quarters, he will have to provide alternative accommodation to his wife and the court further directed the petitioner to settle the .....
Tag this Judgment!Court : Karnataka
..... 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. ..... court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 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 ..... no.1/husband for protection order, monetary reliefs, right of residence etc. ..... .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?. ..... 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 ..... 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 .....
Tag this Judgment!Court : Karnataka
..... 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. ..... court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 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 ..... no.1/husband for protection order, monetary reliefs, right of residence etc. ..... .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?. ..... 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 ..... 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 .....
Tag this Judgment!Court : Karnataka
..... 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. ..... court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 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 ..... no.1/husband for protection order, monetary reliefs, right of residence etc. ..... .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?. ..... 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 ..... 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 .....
Tag this Judgment!Court : Karnataka
..... 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. ..... court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 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 ..... no.1/husband for protection order, monetary reliefs, right of residence etc. ..... .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?. ..... 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 ..... 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 .....
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