Court : Mumbai
..... firstly, that under section 12 of the protection of women from domestic violence act, 2005 (for short, ..... the submissions made on behalf of the respective parties, we are unable to sustain the decisions, both of the learned sessions judge as also the high court, in relation to the interpretation of the expression "respondent" in section 2(q) of the domestic violence act, 2005. ..... from the above definition it would be apparent that although 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 ..... view, both the sessions judge and the high court went wrong in holding otherwise, possibly being influenced by the definition of the expression "respondent" in the main body of section 2(q) of the aforesaid act. 18. ..... considering the above and especially the effect of the proviso, the definition of respondent under section 2(q) will have to be understood as being illustrative in nature and not exhaustive ..... as such, the definition of respondent under section 2(q) read with the proviso, ought to lead to a ..... going through the definition of respondent given in section 2(q) of the ..... way of unlawful dowry demands to the woman or her relatives would also be covered under this definition. .....
Tag this Judgment!Court : Delhi
..... the petitioner invokes inherent powers of this court under section 482 of the code of criminal procedure(code) for setting aside of the order dated 24.12.2010 whereby a complaint under section 29 of the protection of women from domestic violence act 2005(d.v. ..... where a family member leaves the shared household to establish his own household, and actually establishes his own household, he cannot claim to have a right to move an application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... such son, daughter, daughter-inlaw, son-in-law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under protection of women from domestic violence act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. ..... to understand the same, it would be appropriate to have a look at the definition of domestic relationship and shared household as given in sections 2(f) and 2(s) of the d.v. ..... this meaning of domestic relationship has sense when we come to definition of domestic violence and the purpose of the act. ..... payal malik, 2010(3) lrc 177(del), a coordinate bench of this court while dealing with the definition of domestic relationship held as under:12. ..... the definition speaks of living together at any point of time however it does not speak of having relation at any point of time. .....
Tag this Judgment!Court : Supreme Court of India
..... such strict standard of proof is not necessary.10 (e) protection of women from domestic violence act, 2005 ( d.v. ..... - (1) while disposing of an application under sub-section (1) of section 12, the magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of domestic violence and such relief may include, but is not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to destruction, damage or removal of any property from the control of the aggrieved person; and (d) the ..... if the definition of shared household in section 2(s) is read to mean all the houses where the aggrieved person has lived in a domestic relationship alongwith the relatives of the husband, there will be a number of shared households, which was never contemplated by the legislative scheme. ..... batra (supra) noticed the definition of shared household under section 2(s), it did not advert to different parts of the definition, which makes it clear that there was no requirement for the shared household to be owned singly or jointly by the husband, or taken on rent by the husband. ..... the court has taken the view that the definition of shared household in section 2(s) is an exhaustive definition. ..... section 3(b) contains an inclusive definition of maintenance including marriage expenses. .....
Tag this Judgment!Court : Allahabad
..... others) under section 12 of the protection of women from domestic violence act 2005, p.s. ..... others) under section 12 of the protection of women from domestic violence act 2005, p.s. ..... section 12 of the protection of women from domestic violence act the court must satisfy that the offence of domestic violence ..... purpose of determining whether any act, omission, commission or conduct of the respondent constitutes" domestic violence" under this section, the overall facts and circumstances ..... explanation appended to section clearly says that for the purpose of determining whether any act omission, commission or conduct of the respondents constitutes "domestic violence" under this section, the overall facts ..... - 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 ..... effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and (c) prohibition or restriction to continued access to ..... definition of domestic violence .....
Tag this Judgment!Court : Orissa
..... the parties and on examining the documents, the learned sessions judge has held that there has been violation of mandatory provision of section 12 of the protection of women from domestic violence act, 2005, hereinafter referred as the act for brevity, inasmuch as, the magistrate without waiting for the domestic incident report (in short dir . ..... held that the allegations leveled against the appellants are no.the mitigating factors of a domestic violence, as those allegations stand no.proved beyond reasonable doubt. ..... that appears in the proviso to section 12(1) of the act is therefore quoted hereunder: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. . ..... the proviso to section 12 obliges the court to, before passing any order on such application take into consideration any domestic incident report received by him from the protection officer or the service ..... it does no.say that it is necessary to call for a domestic enquiry report from the protection officer, but such an enquiry report if available, the court must take the same ..... is one thing to say that parliamentary mandate to the court is to take into consideration, in every case, a protection officers 5 report, as a precondition for exercise of jurisdiction as the petitioner contends and entirely another to say that if ..... would have been expressed in more definitive, or imperative terms. .....
Tag this Judgment!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 : Mumbai
..... the trial court came to the conclusion that the prosecution though has not proved that the deceased was subjected to a cruelty as contemplated under section 498-a of ipc or that deceased was subjected to the domestic violence as contemplated under the protection of women from domestic violence act, 2005 during the period in between her marriage and occurring of her death, the prosecution has established the circumstances leading to the sole inference of guilt of conclusion of guilt of the appellants of committing her murder in furtherance of their ..... and under section 31 of the protection of women from domestic violence act, 2005 in the 22nd court of metropolitan magistrate at andheri, mumbai. 3 ..... the reason because of which deceased was lying in kitchen considered on the backdrop of further act of appellant no.1 of not throwing further light upon the relevant aspect warrants to be viewed with all seriousness and such non-throwing further light upon said aspect, in our opinion, definitely warrants drawing an adverse inference against appellant no.1 for not discharging the burden of explaining the said matters only within his knowledge. 24 ..... we further add that as a net result of the aforesaid discussion, it can be safely said that the prosecution has definitely established the first circumstance against the appellants of deceased having met with homicidal death and consequent second circumstance the said death having occurred in the house of which the appellants were the occupants .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman ..... a woman entitled to invoke the jurisdiction of the court under section 12 of the act for the reliefs specified under section 18 to 23 she must fall within the definition of 'aggrieved person' in terms of provisions of section 2(a) of the act but then, the particular act of domestic violence pleaded may not have any direct bearing on or nexus with the reliefs which could be granted by the court under the provisions of the act. ..... , in our considered opinion, a combined reading of sections 2 (a), 2 (f), 2(q), 2 (s) 3, 12 & 18 to 23 of the act leads to an irresistible and definite conclusion that the remedy as provided for under section 12 covers the act of violence committed even prior to coming into force of the act smt. ..... learned counsel submitted that the definition of 'domestic relationship' as set out under section 2(f) of the act, includes 'a relationship in the nature of marriage' which is held to be relationship akin to common law marriage by the hon'ble supreme court in .....
Tag this Judgment!Court : Mumbai Nagpur
..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of rs. ..... the main contention of the petitioner is that the application under section 12 of the protection of women from domestic violence act, 2005 was inordinately delayed and there was no reasonable explanation for the delay and, secondly, that petitioner is not liable to pay maintenance particularly to the son who is already attained age of majority. ..... the petitioner is facing proceedings initiated under section 12 of the protection of women from domestic violence act, 2005 (act 43 of 2005), which was registered as criminal application no. ..... the contention as to whether the protection of women from domestic violence act, 2005 is retrospective needs to be considered in the light of settled legal position in this regard. ..... the protection of women from domestic violence act, 2005 came into force on 26/10/2006 vide s.o. ..... learned advocate for the respondent submitted that there is no question of limitation as submitted by the learned advocate for the petitioner as there is continuous cause of action for a wife to claim maintenance and avail of residence and protection orders under the domestic violence act. ..... to the aggrieved person can come within definition of "domestic violence" explained in chapter ii of the act. .....
Tag this Judgment!Court : Chhattisgarh
..... ), by which, their appeal filed under section 29 of the protection of women from domestic violence act, 2005 (hereinafter called as act of 2005) has been dismissed. 2. ..... the protection of women from domestic violence act, 2005 has been enacted to provide for more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. ..... the reliefs which can be granted on an application under section 12 of the aforesaid act can be broadly classified as under: (i) protection orders under section 18 which are for preventing the respondent from committing an act of domestic violence; (ii) residence orders under section 19; (iii) monetary relief under section 20 which includes maintenance, loss of earnings, medical expenses and loss caused due to destruction, damage or removal of any property from the control of the aggrieved person; (iv) custody orders under section 21 dealing with temporary custody of any child or children to the ..... chapter i of the act of 2005 containing sections 1 and 2 deals only with the short title, extent, commencement and the definitions. ..... chapter ii of the act of 2005 has only one section and that section 3 deals with the definition of the expression domestic violence. .....
Tag this Judgment!