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 several grounds. ..... all that section 2(q) defines; a 'respondent' to mean any adult male person, who is or has been in a domestic relationship with the aggrieved person, the proviso widens the scope of the said definition by including a relative of the husband or male partner within the scope of a complaint, which may be filed by an aggrieved wife or a female living in a relationship in the nature of a ..... contra, the learned counsel for the respondents herein submits that, though section 2(q) defines 'respondent' to mean an adult male person, but the apex court has enlarged the definition providing authority to the wife even to include the relatives of her husband, if she is really aggrieved by the illegal acts of those relatives of the husband. ..... decision, in fact, does not say anything about the definition of section 2( q) of the act. ..... for the petitioners strenuously contends that, the petition is only maintainable against the husband of respondent no.1 before the learned magistrate and the petition is not maintainable against other family members, in view of the definition under section 2(q) of the act. ..... , wherein the apex court has extended the definition of section 2(q) and gave an authority to the wife, even to include the female members of the .....
Tag this Judgment!Court : Karnataka
..... under the provisions of the protection of women from domestic violence act, 2005 (for short 'the pwdv act'), the magistrate is not vested with the power of granting custody ..... definition as per section 2 of the pwdv act, in this act, unless the context otherwise requires ,- (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; (d) "custody order" means an order granted in terms of section 21; ..... the contention of the respondent husband is that the petitioner-wife filed a petition before the magistrate court in india under section 12 of the pwdv act seeking relief of protection and other reliefs and in the said proceeding, she has also filed an application seeking custody of the child which was allowed exparte by the magistrate court and the respondent-husband ..... after remand of the matter to the magistrate court, the respondent-husband filed an application under section 25 of the pwdv act and the magistrate, after considering the said application, allowed the same by order dated 1.12.2014 and directed the petitioner-wife to hand over the custody of the child to the respondent-husband from 1.4.2015 and till then, the custody of the child was directed to be continued with ..... this definition, section 2(d) clearly goes to show that the custody orders passed by the courts in relation to the child come necessarily under section 21 of the pwdv act. 11 .....
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 several grounds. ..... all that section 2(q) defines; a 'respondent' to mean any adult male person, who is or has been in a domestic relationship with the aggrieved person, the proviso widens the scope of the said definition by including a relative of the husband or male partner within the scope of a complaint, which may be filed by an aggrieved wife or a female living in a relationship in the nature of a ..... contra, the learned counsel for the respondents herein submits that, though section 2(q) defines 'respondent' to mean an adult male person, but the apex court has enlarged the definition providing authority to the wife even to include the relatives of her husband, if she is really aggrieved by the illegal acts of those relatives of the husband. ..... decision, in fact, does not say anything about the definition of section 2( q) of the act. ..... for the petitioners strenuously contends that, the petition is only maintainable against the husband of respondent no.1 before the learned magistrate and the petition is not maintainable against other family members, in view of the definition under section 2(q) of the act. ..... , wherein the apex court has extended the definition of section 2(q) and gave an authority to the wife, even to include the female members of the .....
Tag this Judgment!Court : Karnataka
..... he would also draw the attention of the court to the provisions of the protection of women from domestic violence act, 2005, with particular reference to the rights vested in the wife and as a pointer in this regard, he would refer to the provisions of section 2(s) of the act. ..... elucidating further he would further draw the attention to the contentious provision of section 16 and would state that on a conjoint reading of sub- section 30 of section 2 of definition provision and section 16, the inescapable conclusion that one can arrive at, is that the word person used would also include a person like the petitioners whose spouses are licensed traders. ..... the legal 99 principle is that all statutory definitions have to be read subject to the qualification variously expressed in the definition clause which created them and it may be that even where the definition is exhaustive inasmuch as the word defined is said to mean a certain thing, it is possible for the word to have some what different meaning in different sections of the act depending upon the subject or context. ..... he would draw the attention of the court to the definition provision at section 2 and submit that the definitions are contextual definition and are to be understood in the context they are used and strict and literal meaning ought not to be placed on them as otherwise it could result in inherent or unintended contradictions, which the legislature desired to avoid. .....
Tag this Judgment!Court : Karnataka
..... now coming to the pivotal question whether this court can exercise jurisdiction under section 482 of code of criminal procedure, to set at naught the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005, it is apposite to refer the judgment of hon'ble apex court in the case of state of haryana referred supra, where it was held that the court exercising jurisdiction is not shorn of the power under articles 226 and ..... in the case on hand, though it is contended that the hon'ble apex court in the case of kamatchi supra held that under section 482 of code of criminal procedure, the high court cannot exercise jurisdiction to quash the proceedings under section 12 of protection of women from domestic violence act 2005, in the instant case, the proceedings before the trial court has moved on from the stage of issuing notice. ..... , mother-in-law and brother-in-law of the respondent are before this court calling in question proceedings initiated by the respondent in criminal miscellaneous no.570 of 2021 before the chief judicial magistrate, bengaluru rural district invoking section 12 of the protection of women from domestic violence act, 2005 ( the act for short).2. ..... definition of domestic violence. ..... definition of domestic violence. ..... in the 2005 act, the definition of aggrieved person clearly postulates about the status of any woman who has been subjected to domestic violence as defined under section 3 of the said act. .....
Tag this Judgment!Court : Karnataka
..... 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 (hereinafter referred to as "the act"). ..... chief judicial magistrate, bangalore district, has come up in this criminal petition impugning the concurrent finding of both the courts below in holding that the house owned by petitioner herein is a shared house as defined under section 2(s) of the protection of women from domestic violence act, 2005 (for short, 'the act'). 2. ..... 23(2) r/w sec.i9(l)(a) of the protection of women from domestic violence act, 2005 therein and allow this petition and quash the entire proceedings in crl. ..... 17 and 19 of the protection of women from domestic violence act, 2005 and reject ia filed u/s. ..... taruna batra stated that the definition of shared household includes a household where the person aggrieved lives or at any stage had lived in a domestic relationship. ..... learned counsel for petitioner would submit that the definition of 'shared household' as defined under section 2(s) of the act is exhaustive and the same reads as under: "2. ..... having regard to the inclusive definition of the expression "shared household" and having regard to the fact that the wife is residing in the suit premises after her marriage, and having further due regard to the fact that the parents by way of .....
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. ..... whether sub-section (3) of section 29 of the limitation act, 1963 operates as a bar for filing the application under section 5 of the said act before the lower appellate court in respect of the proceedings under the protection of women from domestic violence act, 2005, (domestic violence act, 2005 for short) is the question that has arisen in this petition. 2. ..... the provisions contained in the protection of women from domestic violence act, 2005 do not expressly exclude the application of sections 4 to 24 of the limitation act. ..... what is contemplated therefore is in respect of the law relating to marriage and law relating to divorce and there is no scope for reading into sub-section (3) and the provisions relating to protection of women from domestic violence act, 2005. ..... (4) section 25 and 26 and the definition of easement in section 2 shall not apply to cases arising in the territories to which the indian easements act, 1882 (5 of 1882), may for the time being extend. 12. .....
Tag this Judgment!Court : Karnataka
..... whether any glaring illegal error is found in the judgment of the first appellate court so as to invoke the revisional jurisdiction vested in this court under section 397, cr.p.c.?.2) whether a married lady who is neglected by her husband even before the coming into force fo the protection of women from domestic violence act, 2005, is entitled to seek maintenance under the provisions of the protection of women from domestic violence act?.3) whether the quantum of maintenance awarded by the first appellate court requires any interference and if so, to what extent?. ..... definition of domestic violence: explanation i: for the purposes of this section (i) (ii) (iii) (iv) economic abuse includes- financial resources to which a) deprivation of all or any economic the or aggrieved person is entitled under any law or custom whether payable under an order of a court of otherwise or which the aggrieved person requires ..... to the aggrieved person can come within the definition of domestic violence explained in chapter ii of the act. ..... the same is extracted below: domestic relationship means a relationship between two persons who live or have at any point of time, in a shared live together 16 they are related by a household when a consanguinity, marriage relationship the nature of marriage, adoption or are family members living together as a joint family through or in section 3 of the act speaks about the definition of domestic violence. ..... it is an inclusive definition. .....
Tag this Judgment!Court : Karnataka
..... petition had been filed under sections 9(b) and 37(2)(c) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the d.v. ..... 2) whether a married lady who is neglected by her husband even before the coming into force for the protection of women from domestic violence act, 2005, is entitled to seek maintenance under the provisions of the protection of women from domestic violence act? ..... definition of domestic violence: explanation i: for the purposes of this section (i) (ii) (iii) (iv) economic abuseincludes- a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court of otherwise or which the aggrieved person requires out of ..... it is very relevant to see that section 2(f) defines domestic relationship.the same is extracted below: domestic relationship means a relationship between two persons who live or have at any point of time, live together in a shared household when they are related by a consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family' section 3 of the act speaks about the definition of domestic violence.explanation (1)(iv) found in section 3 speaks about economic abuse.it is an inclusive definition. ..... to the aggrieved person can come within the definition of domestic violenceexplained in chapter ii of the act. .....
Tag this Judgment!Court : Karnataka
..... the respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (in 4 short act 2005) before the court of the addl. ..... cmm traffic court at bengaluru has jurisdiction to try and to decide the application filed by the respondent herein under section 12 of the protection of women from domestic violence act, 2005.12. ..... the protection of women from the domestic violence act, 2005 is a special act providing more effective protection of the rights of women, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. ..... order passed by the learned magistrate reads as under ; the honble chief metropolitan magistrate, bengaluru by special notification dated 03.06.2015, allotted jurisdiction to all metropolitan traffic courts as per the annexure of the said notification and from then, the petitions were directed to be filed 14 before the mmtcs, prior to this notification, it is the cmm court which used to allot the petition under the protection of women from the domestic violence act, 2005 to the mmtcs. ..... under section 2(i) of the act 2005, definition of magistrate includes the jurisdictional magistrate where the aggrieved persons resides temporarily or otherwise. .....
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