Court : Delhi
..... in order to understand the scope of shared household and the rights of a wife therein under the protection of women from domestic violence act, 2005, as intended by the legislature, the division bench surveyed the policy underlying the protection of women from domestic violence act, 2005 and opined that the act was a social welfare legislation enacted for the benefit of women, keeping in view societal conditions whereby most married families in india, regardless of their religion or community, continued to live in premises owned by their parents. ..... taruna batra, the learned single judge of this court, vide order dated march 21, 2014 held that the property at b-44, vishal enclave was not shared household under section 2(s) of the protection of women from domestic violence act, 2005; that surender kaur was the sole owner of the property and as a consequence, navneet kaur, being the daughter-in-law of surender kaur, would have no right to stay in the property owned by her mother-in-law.9. ..... the division bench held that in light of the judgment of the supreme court in taruna batra s case (supra) a wife could claim a right of residence under section 2(s) of the protection of women from domestic violence act, 2005 in the premises where she stayed along with her husband as a joint family with the owners of the premises, regardless of whether she or the husband had any right, title or interest in the shared household . .....
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..... rajesh dinanath tiwari in writ petition no.10696/2017, it being apparent through the pleadings on the record that the premises in suit do not fall within the category of a shared household in terms of section 2 (s) of the protection of women from domestic violence act, 2005, the substantial questions of law sought to be urged by the appellant as referred to in para 18 hereinabove do not arise for consideration in the instant case in as much as the rights of the appellant cm (m) 1582/2018 page 28 of 40 and her daughter to live in ..... the protection of women from domestic violence act, 2005 (hereinafter dv act ) and the maintenance and welfare of parents and senior citizens act, 2007 (hereinafter psc act ).2. ..... the circumstances her right to residence in the suit property cannot be denied, and as regards issues of title, we have already observed that the right of residence under the protection of women from domestic violence act, 2005, the same would have no bearing. ..... the protection of women from domestic violence act, 2005 gives statutory recognition to the salutary principle that was sought to be advanced through judge made laws in the vacuum of legislative cm (m) 1582/2018 page 19 of 40 ideological ..... spouse and the plaintiff/ respondent no.1, she cannot be deprived of her rights to reside in the premises in suit which form her matrimonial home and fall within the category of "shared household" in terms of section 2 (s) of the protection of women from domestic violence act, 2005.20. .....
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..... the protection of women from domestic violence act, 2005, would come into play only when domestic violence takes ..... so holding had virtually dismissed the suit itself without recording any satisfaction on the facts, it would be necessary for us to consider the decisions cited at the bar as also the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said ..... 2008) 106 drj 623 by way of persuasive value to submit that under the protection of women from domestic violence act, 2005, there is no concept of matrimonial home. ..... 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.19. ..... 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 favour 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 .....
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..... that her husband has not secured the same level of alternative accommodation for the judgment debtor as is being enjoyed by her in the matrimonial home in terms of section 19(f) of the protection of women from domestic violence act, 2005 and until such an accommodation is made available commensurate to the status of the wife any order passed by this court in the present execution case seeking eviction of the judgment debtor ..... counsel thus submitted that unless the judgment debtor is provided with an alternative accommodation under section 19(f) of the protection of women from domestic violence act, 2005 the judgment debtor is certainly entitled to occupy the suit premises and she cannot be thrown out of the same till such time alternative accommodation commensurate ..... counsel further submitted that the case filed by the judgment debtor under the protection of women from domestic violence act, 2005 is still pending consideration and pending final decision in the said case, the judgment debtor cannot be thrown out from the suit premises, that too pursuant to the said two orders dated 20.12.2010 and 29.4.2011, which cannot be executed having no ..... law, on the other hand, had filed a complaint under section 12 of the protection of women from domestic violence act, 2005 on 17th march, 2010 besides taking steps to file the said civil suit to claim decree of maintenance under the hindu adoption and maintenance act and one of the prime reliefs being sought by her is to declare the ground .....
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..... in view of the submissions made by the learned counsel and after perusing the material available on record, the issues that fall for consideration before this court are1) whether section 27(1) of the protection of women from domestic violence act 2005, is unconstitutional?.2) whether the court at delhi has jurisdiction to entertain the complaint filed by the 2nd respondent?.7. ..... in the present writ petition, the petitioner, who is the father-in-law of the 2nd respondent, has approached this court seeking two reliefs- one is to declare section 27(1) of the protection of women from domestic violence act, 2005 (for short the dv act ), as ultra vires article 21 of the constitution of india, and secondly to quash the proceedings under section 12 of the d.v.act, in complaint no.22487/2008 pending in the court of shri sanjeev kumar m.m. ..... the parliament felt it appropriate to have a separate enactment to address the issues arising out of domestic violence and enacted the protection of women from domestic violence act, 2005.11. ..... as the criminal law does not however address this phenomenon in its entirety, the protection of women from domestic violence act 2005 has been enacted under the act. ..... when we look at the provisions of the act, it is crystal clear that the legislation is a beneficial legislation intended to cater the needs of women who are subjected to domestic violence. ..... the whole purport of the act is to safeguard the women from the gender based violence.13. .....
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..... defendant no.2 has also filed a case under the provisions of protection of women from domestic violence act, 2005 against the plaintiff and her husband. ..... it is further stated that the present suit is barred under section 26 of the protection of women from domestic violence act, 2005. ..... reliance is also placed on the order of sh.rakesh kumar yadav, jmic, sonepat dated 03.05.2012 in an application filed by defendant no.2 under section 12 of the protection of women from domestic violence act, 2005. ..... similarly, the concerned court dealing with her application under section 12 of the protection of women from domestic violence act has concluded that in view of the fact that defendant no.2 is employed in the office of additional district and sessions judge, sonepat she could not have left station without prior ..... , 2012 (193) dlt 22.it is contended by the learned counsel that under the protection of women from domestic violence act, defendant no.2 has no right to reside in the suit property in which her husband has no right, title or ..... next issue raised by defendant no.2 is her rights under the protection of women from domestic violence act (hereinafter referred to as domestic violence act ). ..... the provisions of the protection of women from domestic violence act do not cover the property owned by the mother-in-law as in the present ..... view of the above legal position, the contention of defendant no.2 regarding her rights under the protection of women from domestic violence act cannot be accepted. .....
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..... subsequently, on 17.07.2012 the respondent filed a petition under section 12 read with sections 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 against the petitioner, father-in-law and mother-in-law, along with an application for interim maintenance under section 23 of dv act in the court of chief metropolitan magistrate, saket courts, new delhi.5. ..... the object of the protection of women from domestic violence act, 2005 is to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.15. ..... the monetary relief as provided under the protection of women from domestic violence act, 2005 is different from maintenance, which can be in addition to an order of maintenance under section 125 cr.p.c. ..... savita bhanot; (2012) 3 scc183 has observed that the conduct of the parties even prior to the coming into force of the protection of women from domestic violence act, 2005 could be taken into consideration while passing an order under sections 18, 19 and 20 of dv act thereof. ..... the brief facts stated are that, a petition under section 12 of the protection of women from domestic violence act, 2005 was filed crl.m.c. .....
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..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
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..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
Tag this Judgment!Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
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