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 : 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 : 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
..... 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
..... 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
Reported in : 2007(96)DRJ697
..... the court gave additional grounds holding that the house in question cannot be said to be 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 and made following pertinent observations in the process:24. ..... a woman, thereforee, would have the right to remain in that matrimonial home as long as she is married and if she is 'obliged' to leave that matrimonial home, i think she would be entitled to obtain an injunction from an appropriate court protecting her right and preventing her from being thrown out.13. ..... counsel submitted that when the possession of even a trespasser is protected and he was not liable to be evicted except in due course of law and was entitled to defend his possession even against the rightful owner, the respondent's case was on a far better footing ..... taruna batra has relied upon section 19(1)(f) of the act and claimed that she should be given an alternative ..... they further pointed out that even as per the plaintiff's own admission, at least from the year 2003 she had left the matrimonial house for good, whether the cause was the defendant ..... because of the perpetrated acts of physical violence, fearing danger to her life and limb, the plaintiff was forced to leave the matrimonial home in february ..... , due to severe violence from the defendant no. ..... 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. .....
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
Reported in : 2008(5)BomCR149; (2008)110BOMLR1797
..... daughter-in-law to live in her mother-in-law's house, in the light of the provisions of the protection of women from domestic violence act, 2005, (for short, 'act of 2005') was under consideration. ..... definition of a 'shared house' so also the provisions of sections 17 and 19 of the act of 2005. ..... the tendency to recover possession of property by taking law in hand.8.1 there is no prohibition under section 6 to grant interim relief, directing to restore the possession which existed immediately before filing of the ..... the suit is instituted under section 6 of the specific reliefs act, 1963 alleging forcible dispossession from the suit premises between 14.3.2008 and 17.3.2008 when the ..... by mr thorat,learned senior counsel for the plaintiff emphasised that the nature of the enquiry under section 6 is confined to the question of unlawful dispossession within a period of six months from institution of the suit ignoring the question of title. ..... it is further observed, 'if the object of the provision of section 630 of the act is borne in mind, the expansive meaning given to the expression 'employee or anyone claiming through him' will not be unrelated to the object of the provision nor is it so ..... , retirement, resignation or death, gets extinguished, they (the persons in occupation) are under an obligation to return the property to the company and on their failure to do so they render themselves liable to be dealt with under section 630 of the act for retrieval of the possession of the property. .....
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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