Court : Delhi
..... section 2(s) of the protection of women from domestic violence act 2005, (herein after referred to as 'the act') defines 'shared household' as under:-"2(s) 'shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, ..... of the appellant, notwithstanding the same being the absolute property of appellant's mother-in-law, we concur with the view taken by the learned single judge inasmuch as vide clause (f) of sub-section 1 of section 19 of the act, in lieu of the shared accommodation, a court can direct the opposite party to secure same level of alternative accommodation for the aggrieved person as enjoyed by her in the shared household ..... thereafter abandon her requiring rent to be paid or face eviction therefrom and additionally on the ground that the appellant has a right to be protected in the shared household and has a right to restrain her mother-in-law and her husband to dispossess her from the shared residence, claim was raised in cs(os) no.1307/2010 which appears to be a counterblast to cs(os) no.505/2010 whereunder appellant's mother ..... to clause (f) of sub-section 1 of section 19 of the act would be the extreme ill health of the mother-in-law of the appellant; medical documents pertaining to whom would show that she suffers from 'tachycardia' with heart muscles .....
Tag this Judgment!Court : Supreme Court of India
..... from the submissions of the learned counsel for the parties following questions arise for determination in this appeal: (1) whether definition of shared household under section 2(s) of the protection of women from domestic violence act, 2005 has to be read to mean that shared household can only be that household which is household of joint family or in which husband of the aggrieved person has a share?. ..... the broad and inclusive definition of the term shared household in the protection of women from domestic violence act, 2005 is in consonance with the family patterns in india, where married couple continue to live with their parents in homes owned by parents.75. ..... taruna batra, (2007) 3 scc169has not correctly interpreted the provision of section 2(s) of protection of women from domestic violence act, 2005 and does not lay down a correct law?. ..... that the suit filed by the plaintiff is directly in conflict with the right of the defendant to reside in her matrimonial residence/shared household granted to her by the legislature and specifically envisaged in section 17 and 19 of the protection of women from domestic violence act, 2005 and as such is liable to be dismissed at the threshold. ..... apart from the above, we are of the opinion that the house in question cannot be said to be a shared household within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (here- inafter referred to as the act ).59. .....
Tag this Judgment!Court : Delhi
..... the definition of "domestic violence" as given in section 3 of the protection of women from domestic violence act, 2005 and is under:3. d e f i n i t i o n o f d o m e s t i c v i o l e n c e . ..... thereafter, wife filed a complaint in the court of mm at delhi making her husband (nagesh malik), father-in-law (harbans lal malik), mother-in-law (neelam malik) and brother-in-law (varun malik) as parties under section 12 of protection of women from domestic violence act, 2005 [in short domestic violence act] with a prayer that court should pass a protection order under section 18, residence order under section 19, monetary relief order under section 20, compensation order under section 22 and interim orders under section 23 of the act. ..... i also consider that issue of assuming jurisdiction on the basis of temporary residence may have no force today when statutory provisions in india allow assumption of jurisdiction on the basis of a temporary residence [section 27(1)(a) of protection of women from domestic violence act, 2005].28. ..... the trial court after discussing the objects and aims of the protection of women against domestic violence act, 2005 and after reproducing a quote from novelist joseph conrad "being a woman is a terribly difficult task, since it consists principally in dealing with men" [as if men, though given birth by women, are ferocious animals and not human beings, but cannibals] passed an order for grant of maintenance.7. .....
Tag this Judgment!Court : Delhi
..... the definition of "domestic violence" as given in section 3 of the protection of women from domestic violence act, 2005 and is under:3. d e f i n i t i o n o f d o m e s t i c v i o l e n c e . ..... thereafter, wife filed a complaint in the court of mm at delhi making her husband (nagesh malik), father-in-law (harbans lal malik), mother-in-law (neelam malik) and brother-in-law (varun malik) as parties under section 12 of protection of women from domestic violence act, 2005 [in short domestic violence act] with a prayer that court should pass a protection order under section 18, residence order under section 19, monetary relief order under section 20, compensation order under section 22 and interim orders under section 23 of the act. ..... i also consider that issue of assuming jurisdiction on the basis of temporary residence may have no force today when statutory provisions in india allow assumption of jurisdiction on the basis of a temporary residence [section 27(1)(a) of protection of women from domestic violence act, 2005].28. ..... the trial court after discussing the objects and aims of the protection of women against domestic violence act, 2005 and after reproducing a quote from novelist joseph conrad "being a woman is a terribly difficult task, since it consists principally in dealing with men" [as if men, though given birth by women, are ferocious animals and not human beings, but cannibals] passed an order for grant of maintenance.7. .....
Tag this Judgment!Court : Supreme Court of India
..... we are, in this case, concerned with the question whether a live-in relationship would amount to a relationship in the nature of marriage falling within the definition of domestic relationship under section 2(f) of the protection of women from domestic violence act, 2005 (for short the dv act ) and the disruption of such a relationship by failure to maintain a women involved in such a relationship amounts to domestic violence within the meaning of section 3 of the dv act. ..... 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.3) the magistrate, while disposing of an application under section 12(1) of the dv act, can pass a residence order under section 19 of the dv act, in the following manner: 19. ..... however, in order to provide a remedy in civil law for protection of women, from being victims of such relationship, and to prevent the occurrence of domestic violence in the society, first time in india, the dv act has been enacted to cover the couple having relationship in the nature of marriage, persons related by consanguinity, marriages etc. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... definition of "aggrieved 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 ..... 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, ..... 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 : Supreme Court of India
..... in view of the such continued domestic violence, it is not necessary for the courts below to decide whether the domestic violence is committed prior to the coming into force of the protection of women from domestic violence act, 2005 and whether such act falls within the definition of the term domestic violence as defined under section 3 of the pwd act, 2005.14. ..... the primary question that arises for consideration is whether acts committed prior to the coming into force of the protection of women from domestic violence act, 2005 and which fall within the definition of the term domestic violence as informed in the act could form the basis of an action. 9. ..... no.2421 of 2008 before learned xiii metropolitan magistrate, egmore, chennai against the respondent seeking relief under section 19, 20 and 22 of the protection of women from domestic violence act, 2005 (hereinafter referred to as, the pwd act, 2005 ). ..... 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.19. .....
Tag this Judgment!Court : Delhi
..... interestingly, we find that the definition of shared residence under section 2(16) of the bangladesh domestic violence (prevention and protection) act, 2010 and the term household as defined under section 2(g) of the pakistan domestic violence (prevention and protection) act, 2012 is conspicuously similar to the conception of shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005. ..... , while dealing with a case under the protection of women from domestic violence act, 2005, noticed the fact that the term joint family was not defined under the act and in order to assign a meaning to the same the court cited with approval the definition comprised in encyclopaedia britannica 2008. ..... the broad and inclusive definition of the term 'shared household' in the protection of women from domestic violence act, 2005 is in consonance with the family patterns in india, where married couple continue to live with their parents in homes owned by parents.62. d. ..... pithily stated, the question arising for the consideration of this court revolves around the interpretation of the term shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005 and if the present case stands squarely covered by the authoritative pronouncement of the supreme court of india reported as (2007) 3 scc169s.r batra & anr. v. .....
Tag this Judgment!Court : Delhi
..... the contentions of the appellant it would be necessary to refer to certain definitions and provisions of the protection of women from domestic violence act, 2005 (hereinafter called the domestic violence act, 2005). 17. ..... appellant and the beneficent provisions of the domestic violence act overrides all other provisions and no law can deprive an estranged wife from such reliefs as contemplated under the act, it would be necessary to refer to section 26 of the domestic violence act. ..... judgment and order dated 30.01.2006 held that the statutory right of the appellant of residence under section 17 of the domestic violence act or of maintenance under section 18 of the hindu adoption and maintenance act, 1956 were not enforceable against a third person i.e a landlord. ..... before the trial court was that he was entitled to any one of the reliefs under sections 19 to 21 of the domestic violence act and such relief could be sought by her before any court as per section 26(1) of the domestic violence act. ..... the appellant raised the issue that under section 26(2) of the domestic violence act, the relief sought by her to continue in the tenanted household ought to have been granted in addition to or along with ..... the appellant in her written statement that several civil and criminal litigation's were pending between her and her husband, including a complaint under section 12 of the protection of women from domestic violence act, 2005, which is pending adjudication before the dwarka district courts. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2011Del76(FB)
..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent. ..... the learned mm did not take into consideration anything and did not even consider the contents of the application and did not try to find out as to whether respondents mentioned in the application satisfied the definition of respondent under section 2(q) of domestic violence act. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service ..... application under section 12 of domestic violence act has to be treated in accordance with provisions given under the domestic violence act. .....
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