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 : 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 : 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 : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, as well as emotional abuse. ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. ..... state of chhattisgarh and others (2014) 12 scc362 a view has been taken that if on account of cruelty committed to a wife in a matrimonial home she takes shelter in the parental home and if no specific act of commission of cruelty in the parental home can be attributed to the husband or his relatives, the initiation of proceedings under section 498a in the courts having jurisdiction in the area where the parental home is situated will not be permissible. ..... of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had been subjected to cruelty. .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, as well as emotional abuse. ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. ..... state of chhattisgarh and others (2014) 12 scc362 a view has been taken that if on account of cruelty committed to a wife in a matrimonial home she takes shelter in the parental home and if no specific act of commission of cruelty in the parental home can be attributed to the husband or his relatives, the initiation of proceedings under section 498a in the courts having jurisdiction in the area where the parental home is situated will not be permissible. ..... of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had been subjected to cruelty. .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, as well as emotional abuse. ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. ..... state of chhattisgarh and others (2014) 12 scc362 a view has been taken that if on account of cruelty committed to a wife in a matrimonial home she takes shelter in the parental home and if no specific act of commission of cruelty in the parental home can be attributed to the husband or his relatives, the initiation of proceedings under section 498a in the courts having jurisdiction in the area where the parental home is situated will not be permissible. ..... of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had been subjected to cruelty. .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, as well as emotional abuse. ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. ..... state of chhattisgarh and others (2014) 12 scc362 a view has been taken that if on account of cruelty committed to a wife in a matrimonial home she takes shelter in the parental home and if no specific act of commission of cruelty in the parental home can be attributed to the husband or his relatives, the initiation of proceedings under section 498a in the courts having jurisdiction in the area where the parental home is situated will not be permissible. ..... of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had been subjected to cruelty. .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, as well as emotional abuse. ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. ..... state of chhattisgarh and others (2014) 12 scc362 a view has been taken that if on account of cruelty committed to a wife in a matrimonial home she takes shelter in the parental home and if no specific act of commission of cruelty in the parental home can be attributed to the husband or his relatives, the initiation of proceedings under section 498a in the courts having jurisdiction in the area where the parental home is situated will not be permissible. ..... of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had been subjected to cruelty. .....
Tag this Judgment!Court : Supreme Court of India
..... vkv sarma,26 this court observed that the definition of the expression domestic relationship in section 2(f) of the protection of women from domestic violence act 2005 is restrictive since it is defined by the ..... act 1999 31 the goa protection of interests of depositors (in financial establishments) act 1999 32 the telangana protection of depositors of financial establishments act 1999 33 the andhra pradesh protection of depositors of financial establishments act 1999 34 the sikkim protection of interests of depositors (in financial establishments) act 2000 42 deposit, dealership deposit or an advance amount is excluded from the definition ..... the depositors and hence the government has to protect the interests of the depositors; and whereas the properties in the scheduled appended hereto are alleged to have been acquired by the said financial establishment and its chairman/directors from and out of the deposits collected by the financial establishment; now, therefore, in exercise of the powers conferred by sub-section (1) of section 4, section 5 and section 8 of the maharashtra protection of interest of deposits (in financial establishment) act, 1000 (mah. ..... 2 1 the appeal arises from a judgment dated 22 august 2019 of the bombay high court, by which certain notifications attaching the property of the respondent under section 4 of the maharashtra protection of interest of depositors (in financial establishments) act 19991 have been quashed. .....
Tag this Judgment!Court : Supreme Court of India
..... 37.we think the larger bench may consider also the provisions of the protection of women from domestic violence act, 2005. ..... can be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent.41.most significantly, the act gives a very wide interpretation to the term `domestic relationship' as to take it outside the confines of a marital relationship, and even includes live-in relationships in the nature of marriage within the definition of `domestic relationship' under section 2(f) of the act.42.therefore, women in live-in relationships are also entitled to all the reliefs given in the said ..... it seems to us that the same view is confirmed by section 26 of the said act of 2005.44.we believe that in light of the constant change in social attitudes and values, which have been incorporated into the forward-looking act of 2005, the same needs to be considered with respect to section 125 of cr.p.c. ..... while coming to the aforesaid finding, the learned judges relied on the decision in the yamunabai case (supra).32.it is, therefore, clear from what has been discussed above that there is a divergence of judicial opinion on the interpretation of the word `wife' in section 125.33.we are inclined to take a broad view of the definition of `wife' having regard to the social object of section 125 in the code of 1973. .....
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