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 ..... challenge to the virus of the protection of women from domestic violence act is misconceived and devoid of merit. ..... of the subject statute records that - 'it is, thereforee, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society'. ..... nations committee convention on elimination of all forms of discrimination against women (cedaw) has recommended that states should act to protect women against violence of any kind, especially that occurring within the family. ..... 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. ..... learned counsel for the petitioner has assailed the virus of the act on the ground that inasmuch as it provides protection only to women and not to men, the statute offends article 14 of the constitution ..... the argument that the act is ultra virus the constitution of india because it accords protection only to women and not to men is, thereforee, wholly devoid of .....
Tag this Judgment!Court : Delhi
..... submitted that under section 12(2) of the protection of women from domestic violence act, 2005, the relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent. 12. ..... counsel for respondent further submitted that the said janta flat at narela was purchased during the pendency of the proceedings under the protection of women from domestic violence act, 2005. ..... further she submits that under rule 6(5) of the protection of women from domestic violence rules, 2005, which reads as under:- "6.applications to the ..... until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such magistrate may consider any ..... it is thus stated that the petitioner now cannot be permitted claim the additional maintenance @ rs.2000/- per month and from the conduct of the parties as pointed out hereinabove, it is very clear that the order of interim maintenance was only for rs.2000/- per month and not @ rs.2000/- per month for each of the petitioners." .....
Tag this Judgment!Court : Delhi
..... nagender vashishtha & ors" received summons from the court of learned metropolitan magistrate under section 12 of the protection of women from domestic violence act, 2005(in short the act) to appear on 8th march, 2011. ..... in such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005. 15. ..... no restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the domestic violence act, 2005, to make it specific to males only. 14. ..... thus, a perusal of section 2(a) and 2(f) of the act shows that any woman who is in a domestic relationship, the said domestic relationship being one between two persons who lived at any point of time together in a shared household related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or family members living as a joint family and alleges that she has been subjected to any domestic violence by the respondent is entitled to relief under the act. 8. ..... the relevant sections read 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 by the respondent; (b)....................... (c)....................... (d)...................... (e)...................... .....
Tag this Judgment!Court : Delhi
Reported in : AIR2008Delhi1; 148(2008)DLT685; 2007(97)DRJ668
..... 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 ..... 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. ..... , 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 ..... and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,-(a) the loss of earnings;(b) the medical expenses;(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and(d) the maintenance for the aggrieved person as well as her children, .....
Tag this Judgment!Court : Delhi
Reported in : 2007(96)DRJ697
..... 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. ..... , 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 ..... 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 ..... because of the perpetrated acts of physical violence, fearing danger to her life and limb, the plaintiff was forced to leave the matrimonial home ..... to severe violence from the defendant ..... the fact of the matter is that amit batra applied for a divorce from the petitioner (although the divorce petition is now said to have been dismissed ..... there is no such law in india, like the british matrimonial homes act, 1967, and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law .....
Tag this Judgment!Court : Delhi
..... she also states that she has filed legal proceedings for maintenance and under the protection of women from domestic violence act, 2005 against the respondent / alleged contemnor and which proceedings are still pending. ..... pushpa under the domestic violence act, in which, it was clarified that there is no stay against the dispossession of smt. ..... it was further clarified that the arrears if any of licence fee / rent due with respect to the said accommodation be not deducted from the said amount and are to be adjusted / deducted out of the pension due in future to the respondent / alleged contemnor. ..... the respondent / alleged contemnor appearing in person, after understanding from the counsel who was earlier appearing for him, has stated that for the lapse committed by him in not informing to the court on 7th february, 2011 that in fact it was his wife who was in possession, he is willing that all the arrears of `6,00,000/- or more which are due to him from petitioner / relator, be released directly to his wife smt. ..... pushpa and he himself was ousted from the said flat four years ago and has been residing at faridabad for the last four years. 3. ..... she further states that the respondent / alleged contemnor has intentionally given an undertaking in this court to vacate the accommodation so as to oust her from the said accommodation. 4. ..... pushpa from the aforesaid accommodation. .....
Tag this Judgment!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, or ..... and 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-in- ..... 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 or to pay ..... 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 functioning at about 20% .....
Tag this Judgment!Court : Delhi
Reported in : (2010)158PLR1
..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman who despite ..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected.18. ..... ' 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. .....
Tag this Judgment!Court : Delhi
..... 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. ..... 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 . ..... 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
..... 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. ..... 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 . ..... 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. .....
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