Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 32 cognizance and proof Page 1 of about 232 results (0.157 seconds)

Lokesh Mittal & Ors. Vs.the State & Anr.

Court : Delhi

..... parties also came to be involved in certain other cases including the petition under section 12 of protection of women from domestic violence act, 2005 and another petition under section 125 cr.p.c. ..... since the institution of marriage has an important role to play in the society, the court is to make every effort to encourage the parties to terminate such discord amicably and if it appears that elements of settlement exist, and the parties are willing, they are to be directed to the process of mediation to explore the possibility of settlement, it being desirable to do so even at the pre-litigation stage . ..... to bring the criminal case to an end on the basis of settlement, must steer clear of intervention in heinous or serious offences, including those involving indeed economic offences affecting the financial and economic well being of the state , such as murder, attempt forgery, rape, to murder, extortion, mental depravity , as crl. m.c. ..... in fact-situation wherein the matrimonial relation has been brought to an end by mutual consent and the parties are eager to move on with their respective lives seeking closure and if there is nothing to indicate lack of bonafide on the part of any side, denial of the prayer for quashing the criminal case would restore acrimony rather than bring about ..... ) on which cognizance was taken, the said matter now pending on the file of metropolitan ..... with the said affidavit, she has placed on record copy of her aadhar card as proof of her identity.4. .....

Gaddameedi Nagam Vs. The State of Telangana, Rep., by Public

Court : Andhra Pradesh

..... ) nos.22371, 22956, 23270, 23432 and23568of2015common order: all these five matters listed for hearing on the office note for orders as to maintainability of quash petition under section 482 cr.p.c in an application filed under the protection of women from domestic violence act, 2005 (for short the act) that was taken cognizance to the file and numbered and the learned magistrate issued summons consequently, by impugning the same. ..... it is to say from the combined reading of section 4(ii) r/w sections 5 of cr.p.c.and 32(i) of the act, the offence defined in section 31 is cognizable and non-bailable irrespective of what is contained in cr.p.c.from the non-obstante clause that is saved and for other areas cr.p.c.applies. ..... the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place; as per section 2(m) of the act, prescribed means prescribed by rules made under this act; as per section 2(q) of the act, respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act: provided that an aggrieved wife or female living in a relationship in the nature of a ..... before going to that, the chapter-v miscellaneous relating to protection officers.penalty for breach of protection order by respondent and its cognizance defined in section 32 are as follows: chapter-v-section 32: cognizance and proof. .....

Present: Mr. Abinash JaIn Advocate Vs. State of Punjab and Another

Court : Punjab and Haryana

..... the relevant portion of para nos.10, 11 and 19 of the judgment are as under:- 10....................the question whether the extra ordinary inherent powers under section 482 of code of criminal procedure is to be exercised by the court to quash a proceeding initiated under the protection of women from domestic violence act, 2005 is to be considered in the background of the settled ..... no.2 filed a complaint under section 12(1) of the protection of women from domestic violence act, 2005. ..... order (annexure p-4) dated 23.07.2013 passed by the judicial magistrate ist class, ludhiana who allowed the application (annexure p-1) and restored the complaint filed under the domestic violence act, 2005.2. ..... behalf of the private respondent is that the authority referred to by the petitioners is not applicable as it did not deal with the domestic violence act and the proceedings under section 12 of the domestic violence act are not criminal proceedings but are civil proceedings and the case could be restored. ..... urged that before the bombay high court, when the magistrate had taken cognizance of a complaint under section 12 of the domestic violence act, it was challenged under section 482 cr.p.c. ..... section 482 is to be invoked in appropriate cases either to give effect to any order passed under the act or to prevent abuse of process of any court or to secure the ends of justice, when cognizance was taken by the magistrate for an offence under sub section (1) of section 31 or section 33 of the act .....

Abhay Kumar Vs. The State Of Karnataka

Court : Karnataka

..... after floundering of the relationship, the wife institutes several proceedings one invoking section 12 of the protection of women from domestic violence act, 2005, the other is petition for restitution of conjugal rights in m.c.no.2536 of 2015 and the third one is the impugned proceedings for it being registered on 30-05-2018 for the afore-quoted ..... investigation of an offence is the field exclusively reserved for the police officers, whose powers in that field are unfettered, so long as the power to investigate into the cognizable offence is legitimately exercised in strict compliance with the provisions under chapter xii of the cr. p.c.. ..... the scope of exercise of power under section 482 of the code and the categories of cases where the high court may exercise its power under it relating to cognizable offences to prevent abuse of process of any court or otherwise to secure the ends of justice were set out in some detail by this court in state of haryana ..... where the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code. ..... do not constitute a cognizable offence but constitute only a non- cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code .....

Sh. Naveen Gautam & Ors. Vs.state & Anr.

Court : Delhi

..... the parties also came to be involved in certain other cases including a petition under section 12 of protection of women from domestic violence act, 2005 and a case for divorce filed by the first petitioner. ..... page 2 of 7 affidavit she has confirmed that she has already received rs.5 lacs in two instlament before the family court and that the domestic violence case has also been withdrawn, the decree of divorce having been granted.6. ..... since the institution of marriage has an important role to play in the society, the court is to make every effort to encourage the parties to terminate such discord amicably and if it appears that elements of settlement exist, and the parties are willing, they are to be directed to the process of mediation to explore the possibility of settlement, it being desirable to do so even at the pre-litigation ..... the settlement, the second respondent was to receive the above mentioned amount in three instalments, first two of rs.2.5 lacs each at the time of first motion and second motion on petition for divorce by mutual consent and the balance rs.3 lacs at the time of quashing of the criminal case arising out of the above mentioned fir.5. ..... crime registered by the police vide fir3502013 under sections 406, 498a, 34 ipc of police station lajpat nagar and the proceedings emanating therefrom against the petitioners are ..... being asked, she has shown copy of her aadhar card as proof of her identity, its self-attested copy having been kept on ..... which cognizance was taken .....

ChanmuniyA. Vs. Virendra Kumar Singh Kushwaha and anr.

Court : Supreme Court of India

..... may consider also the provisions of the protection of women from domestic violence act, 2005. ..... of domestic violence act, 2005?3. ..... 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 ..... interpretation should be given to the term `wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time, and strict proof of marriage should not be a pre-condition for maintenance under section 125 of the cr.p.c, so as to fulfil the true spirit and essence of the beneficial provision of maintenance under section 125.47.we also believe that such an interpretation would be a just application of the principles enshrined ..... , when warranted by the facts of the case.36.though in our country, law has not developed on the lines of the marvin case (supra), but our social context also is fast changing, of which cognizance has to be taken by courts in interpreting a statutory provision which has a pronounced social content like section 125 of the code of 1973. .....

Amit Kumar Singla & Ors vs.state & Anr

Court : Delhi

..... no.63/2014) and a case under the protection of women from domestic violence act, 2005 (case ..... case, the veiled object behind a lame prosecution, the very nature of the material on which the structure of the prosecution rests and the like would justify the high court in quashing the proceeding in the interest of justice and that the ends of justice are higher than the ends of mere law though justice had got to be administered according to laws ..... on being served with the notice has entered appearance appeared and has sworn an affidavit on 29.11.2018 confirming the settlement and giving no objection to the prayer for quashing of the fir no.141/2013 under sections 498a, 406, 34 of indian penal code, 1860 ..... in compounding of offences, power of a criminal court is circumscribed by the provisions contained in section 320 and the court is guided solely and squarely thereby while, on the other hand, the formation of opinion by the high court for quashing a criminal offence or criminal proceeding or criminal complaint is guided by the material on record as ..... even if the offences are non- compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, section 320 of the code would not be a bar to the exercise of power of quashing of ..... respondent has furnished the proof of identity in the ..... pc) on which cognizance was taken, the said matter being .....

Jacob Kuruvila Vs. Merly Jacob

Court : Kerala

Reported in : 2010(1)KLT503

..... learned counsel further submits that the liability to pay maintenance is recognised by law in section 125 cr.p.c as also in the provisions of protection of women from domestic violence act, 2005. ..... totality of circumstances convincingly persuades the court to hold that the wife is entitled for separate maintenance in the facts and circumstances of the case, we need advert only to one specific admitted fact to decipher the attitude of the husband ..... the learned counsel contends that the parties are from travancore and the principles of common law are not applicable to ..... were initiated by the wife and minor child, aged 28 years and 7 years respectively on the date of the application, claiming return of money, ornaments and maintenance from their husband/father and his father. ..... law declared that a christian wife is entitled for maintenance from her husband is founded well on the principles of justice, equity and good conscience and in any view of the matter the former citizens of the erstwhile kingdom of travancore cannot claim exemption from that principle. ..... the full bench decision is founded on the principles of justice, equity and good conscience and we are of the opinion that it is applicable to anyone whether he be a citizen or of the former british india or ..... liability founded on the vows of the marriage as also on the principles of justice, equity and good conscience can certainly be reckoned as a civil right/obligation which can be enforced under section 9 of code of civil procedure. .....

Smt. Buravilli Siva Madhuri Vs. Sri Buravilli Satya Venkata Lakshmana ...

Court : Andhra Pradesh

..... madhuri filed a case under the provisions of the protection of women from domestic violence act, 2005 (for short ''pwdv act") seeking various reliefs against them under sections 18 to 22 of the act in d.v.c.no.4 of 2009 before the iii metropolitan magistrate ..... scc 67.5 1992 scc crl.426 6 (2005) 1 scc 12.7 (2010) 7 scc 66.order: this criminal petition is filed under section 482 of the criminal procedure code to quash the criminal revision petition no.33 of 2009 on the file of the ix additional district and sessions judge (f.t.c), visakhapatnam confirming the order of iii metropolitan magistrate, visakhapatnam in d.v.c.no.4 of 2009 and direct the iii metropolitan magistrate, visakhapatnam to take cognizance against the respondents 2 to 6 in d.v.c.no.4 of 2009 and dispose of the same after conducting enquiry as ..... the said order passed in the revision, the present criminal petition is filed under section 482 of the code of criminal procedure to quash the said order and to issue a direction to the learned magistrate to take cognizance of the case against the respondents 2 to 6 after making further enquiry in to ..... in the present criminal petition is whether there are any valid grounds to quash the order passed by the learned ix additional district and sessions judge (ftc), visakhapatnam in criminal revision petition no.33 of 2009 and to issue a direction to the learned magistrate to take cognizance of the dvc against the respondents 2 to 6 after making further enquiry into the matter? 8. .....

Sahil Sharma & Ors vs.state & Anr

Court : Delhi

..... the parties also came to be involved in certain other cases including petition under protection of women from domestic violence act, 2005 and a petition for maintenance under section 125 of the code of criminal procedure, 1973 (cr.p.c. ..... on conclusion of the investigation, police filed report (charge- sheet) under section 173 of the code of criminal procedure, 1973 (cr.pc) on which cognizance was taken, the said matter being pending on the file of the metropolitan magistrate.3. ..... in fact-situation wherein the matrimonial relation has been brought to an end by mutual consent and the parties are eager to move on with their respective lives seeking closure and if there is nothing to indicate lack of bonafide on the part of any side, denial of the prayer for quashing the criminal case would restore acrimony rather than bring about peace. ..... ) by the second respondent, besides a petition under section 11 of hindu marriage act, 1955 filed by the first petitioner. ..... while examining the prayer for quashing of a non compoundable offence, on the basis of settlement of the dispute between the wrongful doer and the victim, the high court is to bear in mind as to whether the possibility of conviction is remote and oblique and further, if the continuation of the criminal case would lead to oppression and prejudice or extreme injustice for the accused. ..... along with the fresh affidavit, she has also filed copy of her aadhar card as proof her identity, which is also taken on record.6. .....