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. ..... to understand the emphasis, before going to the scope of sections 26 to 29 of the act, it is essential to read sections 4(2) and 5 of cr.p.c.and also section 190 cr.p.c.section 190 cr.p.c.speaks of cognizance of offence by the magistrate in three ways, viz. ..... among which section 32(i) referred supra speaks of the offence provided by section 31 is a cognizable and non-bailable offence, notwithstanding anything contained in the cr.p.c. ..... (2) upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of section 31 has been committed by the accused. .....
Tag this Judgment!Court : Supreme Court of India
..... filed a complaint under section 12 of the protection of women from domestic violence act, 2005 on 17.05.2012. ..... such you have committed offence which is punishable under section 498a, 506 part-2, ipc and section 4 of dowry prohibition act, which is in my cognizance. ..... before the learned judicial magistrate first class, indore are not sufficient to form an opinion that there is ground for presuming that the accused appellants have committed the offence under the charged sections. ..... the first appellant on 16.04.2012 withdrew the application filed under section 9 of the hindu marriage act, 1955, since according to the first appellant the second respondent was not inclined to ..... in law gave threat for life on the issue of demand of 10 tola gold, maruti car and 1 lac rupees cash in dowry and have subjected me on physical and mental harassment now i have been harassed from cruelty of members of in laws house and i do not want to enter into any compromise rather i want legal proceeding. 6. ..... are such differences between families which are to be settled in legal proceedings, how such differences would constitute and give rise to a successful prosecution under sections 498a or 506 ipc or under section 4 of the dowry prohibition act, 1961, is the crucial question.11. ..... father will be loosed and you would start begging on road and gave threat that do not dare to go in police, nobody would give evidence against us in colony because we have approach with big leaders and officers and gundas elements. .....
Tag this Judgment!Court : Supreme Court of India
..... sections 28 and 32 of the protection of women from domestic violence act, 2005 r/w rule 15(6) of the protection of women from domestic violence rules 2006, makes the provisions of criminal ..... the protection officer vide his domestic inspection report dated 21.08.2018 tabulated the incidents of domestic violence ..... .5, while dealing with section 9 of the child marriage restraint act, 1929, which mandates that no court should take cognizance of an offence after the expiry of one year from the day when the offence was allegedly committed, observed: - 3 ..... person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: 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 ..... siddhartha dave, learned senior advocate for the respondent submits: - i) the tabular chart prepared by the protection officer in his report indicates that after 16.09.2008 for almost 10 years nothing was alleged against the respondent or the father-in- ..... to postpone issue of process against the accused and either inquire into the case himself or direct an investigation to be made by a police officer and in cases under the prevention of corruption act, 1947 by police officers of designated rank for the purpose of deciding whether or not there is sufficient ground for proceeding. .....
Tag this Judgment!Court : Delhi
..... seeks quashing of the complaint filed by respondent no.2 (divya sharma) cc no.46/1/2016 under section 12 read with sections 17, 18, 19, 20, 22 & 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act ). ..... protection of women from domestic violence act had been promulgated in the year 2005 ..... as per its statement of objects and reasons since the phenomenon of domestic violence had become widely prevalent, this act had been introduced in addition to the penal provisions contained in section 498-a of the ipc; this was to enable the civil law to address this phenomenon ..... out that the averments in the complaint disclose the incidents of domestic violence which had erupted in delhi; so also the cruelties (as defined under section 498-a of the ipc) have been disclosed. ..... the petitioner is bordered on his submission that the court below did not have the territorial jurisdiction to entertain the complaint case under the dv act as even as per the complainant all acts/incidents of alleged domestic violence were committed outside the territorial jurisdiction of delhi; not being within the precincts of national capital territory of delhi, the cognizance taken on that complaint is bad; it is liable to be set aside. ..... uttar pradesh to substantiate the argument that such like offences are continuing offences and where such offence is committed in more areas than one, the offence is triable by a court having jurisdiction over every such ..... intelligence officer, .....
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 ..... while the question whether the acts alleged against the petitioners amounted to cruelty within the meaning of section 498a of the indian penal code is one of fact to be probed into by the trial court, the complaint by krishna reddy, the father of the alleged victim set the criminal law in motion and even if the alleged offence was mostly committed outside india within the meaning of section 188 of the code of criminal procedure, on the allegations made, ..... judge pointed out that the word 'or' used in section 12 of the act is very material, which provides choice to the aggrieved person to approach and there is no illegality in directly approaching the magistrate for taking cognizance in the matter. ..... it is for the magistrate concerned to take the help of the protection officer or service provider after receiving the complaint, provided he feels it necessary for final disposal of the dispute between ..... petitioners claimed that the xi metropolitan magistrate, cyberabad took cognizance of the complaint by the 2nd respondent in d.v.c ..... ashok vardhan reddy and his parents, taken cognizance by the xi metropolitan magistrate, cyberabad in .....
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 ..... while the question whether the acts alleged against the petitioners amounted to cruelty within the meaning of section 498a of the indian penal code is one of fact to be probed into by the trial court, the complaint by krishna reddy, the father of the alleged victim set the criminal law in motion and even if the alleged offence was mostly committed outside india within the meaning of section 188 of the code of criminal procedure, on the allegations made, ..... judge pointed out that the word 'or' used in section 12 of the act is very material, which provides choice to the aggrieved person to approach and there is no illegality in directly approaching the magistrate for taking cognizance in the matter. ..... it is for the magistrate concerned to take the help of the protection officer or service provider after receiving the complaint, provided he feels it necessary for final disposal of the dispute between ..... petitioners claimed that the xi metropolitan magistrate, cyberabad took cognizance of the complaint by the 2nd respondent in d.v.c ..... ashok vardhan reddy and his parents, taken cognizance by the xi metropolitan magistrate, cyberabad in .....
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. ..... for the reasons given in the preceding paragraphs, i am of the considered view that a petition under the provisions of the protection of women from domestic violence act, 2005 is maintainable even if the acts of domestic violence have been committed prior to coming into force of the act or despite her having in the past lived together with the respondent a shared household woman is no more living with him, at the time of coming into force of 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 ..... 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
..... 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. ..... , 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 ..... it cannot be disputed that several wrongful actions which might have amounted to offences such as cruelty and demand for dowry cannot have taken the description of domestic violence till such time the act came into force. ..... only if a protection order is passed and the respondent in the main petition violates the protection order passed by the court, then such act of breach of protection order is construed as an offence. ..... in other words the offending acts could have been construed as offences under other enactments but could not have been construed as acts of 'domestic violence' until the act came into force. .....
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 ..... in this connection, the preceding section 17 is legally path-breaking since it introduces the right of every women in a domestic relationship to reside in the shared household, whether or not she has any right, title or beneficial interest in the ..... section 18 postulates the passing of protective and ameliorative orders of civil courts, calculated to preserve the status quo for the benefit of women ..... counsel for the petitioner has drawn attention to the definition of 'domestic relationship' contained in section 2(f) of the act. ..... 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 ..... 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 ..... for the petitioner has also assailed section 18 but we are unable to appreciate any reason for the challenge to this section. .....
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. ..... vanka venkata reddy [1993 (3) scc 4], while considering bar of limitation for taking cognizance of offence as also prayer for condonation of delay, considered matrimonial offences as exceptional causes wherein the court would not throw out the complaint solely on the ground of delay. ..... section 12 which require application before the magistrate for obtaining order or reliefs under the act contains proviso to the effect 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. ..... state of karnataka & anr reported in 2010 all mr (cri) journal 158 wherein it is observed that thus; "in other words if there is a domestic incident report that is received by the magistrate either from the protection officer or from the provider, then it becomes obligatory on the part of the magistrate to take note of the said domestic incident report before passing an order on the application filed by the aggrieved party. .....
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