Court : Chennai
..... 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. ..... the appellate court found erroneous the orders passed under section 18 and 19 of the protection of women from domestic violence act as it had been held by more than one court that the acts of cruelty/violence had not been proved. ..... upon by the learned counsel for the petitioner, madras high court clearly held that since penal consequences under section 31 of the act are attracted only if a protection order is passed and the respondent violates that order, the penal consequences mandate from the date of the protection order and not from the date of acts of domestic violence and, therefore, the court was competent to take cognizance of the acts of domestic violence committed even prior to the act came into force, and pass necessary ..... he also held the petitioner entitled to get protection under section 18 and prohibited the respondent from committing acts of domestic violence by not allowing the petitioner to share household with him. ..... the revision petitioner moved a petition in crl.m.p.no.2421/2008 before the xiii metropolitan magistrate seeking reliefs under section 19,20 and 22 of the protection of women from domestic violence act, 2005 (herein after referred to as the act). .....
Tag this Judgment!Court : Delhi
..... the present writ petition, the petitioner, who is the father-in-law of the 2nd respondent, has approached this court seeking two reliefs- one is to declare section 27(1) of the protection of women from domestic violence act, 2005 (for short the dv act ), as ultra vires article 21 of the constitution of india, and secondly to quash the proceedings under section 12 of the d.v.act, in complaint no.22487/2008 pending in the court of shri sanjeev kumar m.m. ..... of the submissions made by the learned counsel and after perusing the material available on record, the issues that fall for consideration before this court are1) whether section 27(1) of the protection of women from domestic violence act 2005, is unconstitutional?.2) whether the court at delhi has jurisdiction to entertain the complaint filed by the 2nd respondent?.7. ..... felt it appropriate to have a separate enactment to address the issues arising out of domestic violence and enacted the protection of women from domestic violence act, 2005.11. ..... criminal law does not however address this phenomenon in its entirety, the protection of women from domestic violence act 2005 has been enacted under the act. ..... though the criminal remedy is available for domestic violence perpetuated on women, under different sections of indian penal code, the civil law does not address ..... section 2 provides the definitions ..... definition contained in section 2(a) clearly demonstrates that the purport of the act is to take care of the grievances of the women .....
Tag this Judgment!Court : Delhi
..... taruna batra, the learned single judge of this court, vide order dated march 21, 2014 held that the property at b-44, vishal enclave was not shared household under section 2(s) of the protection of women from domestic violence act, 2005; that surender kaur was the sole owner of the property and as a consequence, navneet kaur, being the daughter-in-law of surender kaur, would have no right to stay in the property owned by her mother-in-law. 11. ..... the division bench held that in light of the judgment of the supreme court in taruna batra s case (supra) a wife could claim a right of residence under section 2(s) of the protection of women from domestic violence act, 2005 in the premises where she stayed along with her husband as a joint family with the owners of the premises, regardless of whether she or the husband had any right, title or interest in the shared household . ..... noting that the term joint family had not been defined under the act, the division bench relied upon the definition of joint family in other statutes as well as the construction of the term by courts, to conclude that the scope of the term joint family as per the act would mean a household where the members of a family live in commensality, that is, habitually reside in shared accommodation and partake meals from the same kitchen. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2008Delhi1; 148(2008)DLT685; 2007(97)DRJ668
..... thereforee, in coming to this conclusion we can also take some support from the provisions of the protection of women from domestic violence act, 2005 and particularly, section 2(a) as well as sections 18, 20 and 26 of the said act, which are to the following effect:2. ..... 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 dependents, 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.20. ..... -the magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favor of the aggrieved person and prohibit the respondent from-(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved ..... definitions. ..... definitely, in those cases where first marriage is subsisting and thus second marriage is void, the second wife would not be entitled to claim maintenance as she is not a legally wedded wife. .....
Tag this Judgment!Court : Mumbai
..... the case of domestic violence under section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... 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 18 wp-6625 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;(c) restraining the respondent or any of his relatives from entering into any ..... in india, the wife s right to reside in a shared household is under section 17 of the domestic violence and matrimonial proceedings act, 1976, for which orders under section 19 thereof can be passed. ..... definition of domestic violence. ..... to be amended under section 3 of the domestic violence and matrimonial proceedings act, 1976. ..... 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 wellbeing, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and ..... this act itself falls squarely within the broad and inclusive definition of the domestic violence under section 3(a) and (d) of the d.v .....
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 : 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. .....
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 : Delhi
..... the suit property is not the shared household of the defendant as defined under section 2(s ) of the protection of women from domestic violence act, 2005 and the defendant has no statutory right to reside in the suit property contrary to the wishes ..... denied that the suit property is not a shared household in terms of section 2(s) in terms of the protection of women from domestic violence act, 2005. ..... written statement the defendant denies that the present suit property is not a shared household in terms of section 2(5) of the protection of women from domestic violence act ..... filed various cases against her ex-husband under the domestic violence act and also got registered an fir under sectionsand also got her ex husband arrested in the aforesaid fir and pursuant thereto a settlement was executed vide settlement deed dated 26.11.2009 before the delhi high court mediation & conciliation centre, wherein the defendant took an alimony of rs.36,50,000/- from her ex-husband and pursuant thereto the divorce by ..... hotchpotch, needs to be now mentioned especially after passing of the benami transaction (prohibition) act, 1988 (hereinafter referred to as the benami act ) and which act states that property in the name of an individual has to be taken as owned by that individual and no claim to such property is maintainable as per section 4(1) of the benami act on the ground that monies have come from the person who claims right in the property though title deeds of the property are ..... the definition of .....
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 .....
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