Court : Andhra Pradesh
..... claiming several reliefs including reliefs of protection order under section 18, residence order under section 19, monetary relief under section 20 and compensation under section 22 of the protection of women from domestic violence act, 2005 (in short, the act). ..... similarly section 33 of the act provides for penalty for discharging duty by protection officer. ..... it is only violation of order of the magistrate which becomes an offence under section 31 of the act and which attracts penalty for breach of protection order by any of the respondents. ..... there is no allegation either in the report or in the statement or in the complaint of the 1st respondent with regard to the acts of domestic violence that took place on or after 26.10.2006. ..... the 2nd respondent/aggrieved person is also not claiming reliefs in retrospective manner inasmuch as she is claiming all the reliefs prospectively, in the sense, subsequent to date of filing of the case in the lower court and not with effect from any back date retrospectively. ..... except under sections 31 and 33 of the act which occur in chapter v, all the reliefs claimed under chapter iv of the act are not offences and enquiry of rights of the aggrieved person under sections 18 to 22 of the act cannot be termed as trial of a criminal case. ..... filed in the lower court in the year 2011 is not maintainable under the act. .....
Tag this Judgment!Court : Andhra Pradesh
..... claiming several reliefs including reliefs of protection order under section 18, residence order under section 19, monetary relief under section 20 and compensation under section 22 of the protection of women from domestic violence act, 2005 (in short, the act). ..... similarly section 33 of the act provides for penalty for discharging duty by protection officer. ..... it is only violation of order of the magistrate which becomes an offence under section 31 of the act and which attracts penalty for breach of protection order by any of the respondents. ..... there is no allegation either in the report or in the statement or in the complaint of the 1st respondent with regard to the acts of domestic violence that took place on or after 26.10.2006. ..... the 2nd respondent/aggrieved person is also not claiming reliefs in retrospective manner inasmuch as she is claiming all the reliefs prospectively, in the sense, subsequent to date of filing of the case in the lower court and not with effect from any back date retrospectively. ..... except under sections 31 and 33 of the act which occur in chapter v, all the reliefs claimed under chapter iv of the act are not offences and enquiry of rights of the aggrieved person under sections 18 to 22 of the act cannot be termed as trial of a criminal case. ..... filed in the lower court in the year 2011 is not maintainable under the act. .....
Tag this Judgment!Court : Delhi
..... the following questions arise in the present petition: (i) whether an application under section 26 of the protection of women from domestic violence act, 2005 (for short, d.v. ..... the statement objects and reasons of the act record that the civil law does not address the phenomenon of domestic violence and therefore, a law be enacted to provide a remedy in civil law for protection of women from being victims of domestic violence. ..... act empowers the magistrate to pass a protection order and appoint a protection officer to protect the women from further violence. ..... barring sections 31 and 33, which provide for penalty for breach of protection order and protection officer not discharging his duties respectively, there are no other penal provisions in the act. ..... again in para nos.2 & 3 of the objects and reasons also, it is stated that existing civil law does not address to the phenomenon of domestic violence and, therefore, to provide a remedy under civil law to protect a woman from being victim of domestic violence, the bill is introduced. ..... thus, commission of acts of domestic violence by themselves do not constitute any offence punishable under the act and it is only the breach of the order passed by the magistrate either under section 18 or under section 23 of the act which has been made punishable under section 31 of the act. ..... bombay high court dismissed the petition holding that it is not mandatory to obtain the report from the protection officer. .....
Tag this Judgment!Court : Delhi
Reported in : (2010)158PLR1
..... kantabai' ii (2009) dmc 787, it has been recorded in para 4 of the judgment that the petitioners were prosecuted by the respondent for an offence punishable under section 23 of the protection of women from domestic violence act, 2005. ..... on 29.11.2006, the petitioner filed a petition before the magistrate under section 12 of protection of women from domestic violence act 2005 (hereinafter referred to as 'the act') seeking various reliefs. ..... ' andhra pradesh high court noticing that domestic incidents did not disclose acts of violence reported by the complainant after 26th october, 2006, when the act came into force, quashed the proceedings under the protection of women from domestic violence act, 2005.in 'shyamlal and ors. v. ..... the act by itself does not make any act, omission or conduct constituting violence, punishable with any imprisonment, fine or other penalty. ..... section 12 of the act entitles an aggrieved person, or a protection officer, or any other person acting on behalf of the aggrieved person to apply to the magistrate for grant of one or more reliefs under the act. .....
Tag this Judgment!Court : Chennai
..... 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). ..... as judgment relied 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 ..... a couple leaving for honeymoon immediately after the marriage and whose relationship gets strained even during honeymoon, resulting in the wife returning to her parental home straight away, may not stand the test of the definition of domestic relationship under section 2(f) of the act, if it is strictly ..... can think of innumerable instances of the same aforesaid nature, where the woman might not live at the time of institution of the proceedings or might not have lived together with the husband even for a single day in the shared household. ..... in other words, it is not necessary for a woman to establish her physical act of living in the shared household, either at the time of institution of the proceedings or as a thing of the .....
Tag this Judgment!Court : Delhi
Reported in : 2008(102)DRJ543
..... the petition contains two prayers - (a) for declaring the protection of women from domestic violence act, 2005 (for short 'act) as ultra virus the constitution of india and (b) to quash the proceedings before the metropolitan magistrate, new delhi. ..... we do not rule out the possibility of a man becoming the victim of domestic violence, but such cases would be few and far between, thus not requiring or justifying the protection of parliament.5 ..... parliament was at the same time fully alive to the reality that section 498-a of the indian penal code, dealing with the malaise of dowry demand and attendant cruelty meted out to women, does not and cannot address the pressing need to provide protective measures against the consequences and repercussions of the pernicious prevalent practice of the demand of dowry ..... beyond stating that this section 18 is ultra virus the constitution of india no worthwhile reasons or arguments have been put forward by learned counsel for the petitioner in discharge of the burden of proving the unconstitutionality of the statute.7. ..... it has been laid down that if it is evident that a statute is predicated on an intelligible differentia between persons falling within the protection of the provision viz-a-viz those falling outside, and this classification/differentia bears a reasonable nexus to the object sought to be achieved by the legislation, it would not infract or impinge upon the equality doctrine articulated and enshrined in article 14 of the constitution. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 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. ..... 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 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. ..... in view of the section 7 of the act and such appointment must be notified in the area for which such protection officer shall exercise powers and perform the duties in accordance with the act, while service provider is required to register himself under section 10 of the act. ..... it is true that penal statute which creates new offence or introduce an increased penalty will be prospective by reason of the constitutional restriction imposed by article 20 of the constitution of india. .....
Tag this Judgment!Court : Andhra Pradesh
..... in the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs under the protection of women from domestic violence act, 2005 (for short "the act") against the petitioners in criminal petition no.2539 of 2009. ..... no.4 of 2009 is, hence, in continuation of the earlier proceedings and an application under section 12 of the act need not be routed through police or the protection officer. ..... out of relationships in matrimony, blood and adoption as illuminated by the legislative scheme, policy, purpose and object, obligates the court to adopt an interpretation permitting the pursuit of various alternative remedies simultaneously or successively with the only duty for the respective courts being to note the scope, content and nature of the other proceedings and to mould the grant of respective reliefs with reference to the reliefs granted in such other proceedings or the change of circumstances .....
Tag this Judgment!Court : Supreme Court of India
..... the appellant, who was married to the respondent in the year 2006, had filed a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act) seeking certain reliefs including damages and maintenance. ..... and therefore reference to the provisions of section 2(f) of the dv act, 2005 and the conclusions recorded were not required for a decision of the issues arising in the case. ..... together in a shared household after their marriage on 4.12.2006; if the parties have/had lived together whether the same gives rise to relationship in the nature of marriage within the meaning of section 2(f) of the dv act, 2005; whether the decision of this court in velusamy (supra) is an authoritative pronouncement on the expression "relationship in the nature of marriage" and if so whether the same would require reference to a larger bench, may all be premature and the same need not be answered for the present. ..... the passage extracted below effectively illuminates the issue:"though the law specifically does not cast obligation on either party to seek declaration of nullity of marriage and it may be open to the parties even without recourse to the court to treat the marriage as a nullity, such a course is neither prudent nor intended and a declaration in terms of section 11 of the hindu marriage act will have to be asked for, for the purpose of precaution and/or record. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009CriLJ107
..... to appreciate the submissions, it will be necessary to refer to the facts of the case in brief.the first respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... thus, it is not possible to accept the contention raised by the petitioner that the interim relief under section 23 of the said act can be granted only on a separate application for interim relief made by ..... judgment of the appellate court shows that it was not even a case made out by the petitioner that he was not heard or that he was not aware that the learned magistrate was considering the prayer under section 23 of the said act. ..... section (1) of section 12 of the said act provides that an aggrieved person or any other person on behalf of the aggrieved person or a protection officer may present an application to the magistrate for seeking one or more reliefs under the said act ..... in absence of any prayer in the main application in under section 12 of the said act or in absence of any separate application filed by the first respondent for grant of interim relief, the learned magistrate could not have granted interim relief in favour of the first respondent. ..... issued by the learned trial judge by order dated 4th january, 2008 by which the first respondent was permitted to reside in the shared house is in the nature of the final order which could not have been passed without giving an opportunity to the petitioner of adducing evidence. .....
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