Court : Karnataka
..... the writ petition was filed challenging the order dated january 23, 2013, passed on an application filed by the writ petitioner-appellant under sections 18, 19 and 20 of the protection of women from domestic violence act, 2005. 3. ..... court in the case of tammanna and others versus- miss renuka and others reported in ilr 2009 karnataka 1207, we are of the considered opinion that no appeal would lie under section 4 of the karnataka high court act against the order of the hon ble single judge passed in exercise of the power conferred under section 482 of the code of criminal procedure, 1973, or under article 227 of the constitution of india, in the matter arising ..... (prayer: this writ appeal is filed under section 4 of the karnataka high court act praying to set aside the order passed in writ petition no. .....
Tag this Judgment!Court : Karnataka
..... ii mmtc, bangalore has filed this revision petition challenging the final order passed on 20.07.2013 in crl.misc.no.295/2011 and affirmation of the same in crl.a.no.407/2013 an appeal filed under section 29 of the protection of women from domestic violence act, 2005 (for short 'the act'). ..... of the matter is also taken into consideration while holding that the respondent has committed domestic violence. 9. ..... no.17 of the judgment, the learned judge of the first appellate court has held that the husband is not interested to live with the petitioner and this is evident from the contents of ex.p6 - the legal notice got issued by him through which he wanted the divorce by mutual consent. 14. ..... filed a petition under section 12 of the act against the respondent seeking monthly maintenance of rs.5,000/- per month, for grant of compensation of rs.2 lakhs, and to provide residence to her and protection order. ..... final order passed on 20.07.2013 was called in question by filing criminal appeal under section 29 of the said act before the sessions court, bangalore and the said appeal is dismissed after contest. ..... as on the date when the petition filed under section 12 of the act, respondent had also filed a petition seeking divorce and this was one of the grounds for the petitioner to ..... a petition filed by sri.v.k.anand seeking divorce from his wife - smt.sujatha. ..... viewed from any angle, no illegality or perversity is found in the order passed by the trial court and affirmation of the same by the first .....
Tag this Judgment!Court : Karnataka Dharwad
..... the respondent has filed a petition under s.12 of the protection of women from domestic violence act, 2005 (for short, the act ), in crl. ..... at this juncture, we are obliged to state that though it may be difficult to state that the judgment suffers from sans reasons, yet it is not at all difficult to say that the reasons ascribed are really apology for reasons. ..... the filament of reasoning must logically flow from requisite analysis, but, unfortunately, the said exercise has not been carried out. 8. ..... i.a.2 filed therein by her, under s.21 of the act, seeking custody of the minor girl child tazin was dismissed by the learned magistrate vide order dated 03.11.2014. 5. .....
Tag this Judgment!Court : Karnataka
..... 1st respondent is before this court seeking a direction to dispose of applications dated 15.10.2018 filed by her in c.misc.no.170 of 2018 before the ii metropolitan magistrate traffic court at bangalore under sections 12, 19(1)(e) & (f), 20 & 22, 20 & 23(2) and 23(2) of the protection of women from domestic violence act, 2005 ( the act for short) within the time frame.2. brief facts that lead the petitioner to this court in the subject petition, as borne ..... the honble ii metropolitan magistrate traffic court at bangalore in c.misc.170/2018 to dispose of the applications filed by the petitioner dtd1510.2018 u/s12 19(1)(e) and (f), 20 and22 20 and232), 23(2) of the protection of women from domestic violence act, 2005 at annexure nos.b, c, d, e and f within a stipulated period of time. ..... protection of women 7 from domestic violence act, 2005 beginning from the genesis of the ..... is directed to circulate this order to all the concerned courts handling cases arising out of the protection of women from domestic violence act, 2005 ..... provide a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society the protection of women from domestic violence bill was introduced in parliament ..... and reasons themselves indicate that it is for the rights of women in securing them various benefits mentioned therein and also protect them from domestic violence, the magistrate has to pass appropriate orders in favour of .....
Tag this Judgment!Court : Karnataka
..... now coming to the pivotal question whether this court can exercise jurisdiction under section 482 of code of criminal procedure, to set at naught the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005, it is apposite to refer the judgment of hon'ble apex court in the case of state of haryana referred supra, where it was held that the court exercising jurisdiction is not shorn of the power under articles 226 ..... when the court is confronted with a false case or a case which does not constitute domestic violence as defined under the protection of women from domestic violence act 2005, the same cannot continue, as that would result in nuisance and harassment of the petitioner. ..... calling in question the entire proceedings before the concerned 46 court initiated under the protection of women from domestic violence act, 2005 would be maintainable, only if the proceedings are challenged on the ground of abuse of the process of the law, as the court of session is not empowered to obliterate the proceedings holding it to be an abuse of the process of the ..... is contended that the hon'ble apex court in the case of kamatchi supra held that under section 482 of code of criminal procedure, the high court cannot exercise jurisdiction to quash the proceedings under section 12 of protection of women from domestic violence act 2005, in the instant case, the proceedings before the trial court has moved on from the stage of issuing notice. .....
Tag this Judgment!Court : Karnataka
..... section 29 of the protection of women from domestic violence act, 2005 relates to preferring an appeal against the order passed by the magistrate as the appeal would lie within 30 days from the date of the order. ..... the interpretation given to the domestic relationship relating to the petitioner as well as the first respondent late manmohan attavar in the instant case, has not been established by the petitioner for seeking the relief under the provisions of the protection of women from domestic violence act, 2005. :36. ..... hence, by way of this petition she seeks protection order under section 18, residence under section 19, to pay monetary relief under section 20 and to grant compensation or damages under section 22 of the protection of women from domestic violence act, 2005.6. ..... the following orders be passed under protection of women from domestic violence act2005 sec.17: right to reside in a shared household. ..... the petitioner in person has taken various contentions in this revision petition, against the order passed by the appellate court relating to the petition filed by her seeking relief under the domestic violence act, 2005. ..... having framed the said points and appreciating the oral and documentary evidence produced by the parties and referring to the provisions of domestic violence act, hindu marriage act and special marriage act as well as various decisions relied by the parties, the court below answered all the four points in the negative and ultimately dismissed the application .....
Tag this Judgment!Court : Karnataka
..... an application under section 12 of the protection of women from domestic violence act, 2005 (in 4 short act 2005) before the court of the addl. ..... bengaluru has jurisdiction to try and to decide the application filed by the respondent herein under section 12 of the protection of women from domestic violence act, 2005.12. ..... the protection of women from the domestic violence act, 2005 is a special act providing more effective protection of the rights of women, who are victims of violence of any kind occurring within the family and for matters connected ..... learned magistrate reads as under ; the honble chief metropolitan magistrate, bengaluru by special notification dated 03.06.2015, allotted jurisdiction to all metropolitan traffic courts as per the annexure of the said notification and from then, the petitions were directed to be filed 14 before the mmtcs, prior to this notification, it is the cmm court which used to allot the petition under the protection of women from the domestic violence act, 2005 to the mmtcs. ..... 2010 scconline del2977, the 17 high court of delhi while dealing with section 27 of the act 2005, has observed thus: para 8 from different provisions of this act, it is apparent that the scheme of the act provides that protection officer, service provider and police to help the aggrieved person in not only approaching the court for redressal but to ensure that the domestic violence is not further perpetuated and an aggrieved person gets shelter either in the shelter home or .....
Tag this Judgment!Court : Karnataka
..... in the judgment of the first appellate court so as to invoke the revisional jurisdiction vested in this court under section 397, cr.p.c.?.2) whether a married lady who is neglected by her husband even before the coming into force fo the protection of women from domestic violence act, 2005, is entitled to seek maintenance under the provisions of the protection of women from domestic violence act?.3) whether the quantum of maintenance awarded by the first appellate court requires any interference and if so, to what extent?. ..... the protection of women from domestic violence act, 2005, is enacted to provide for an effective protection of the rights of women guaranteed under the constitution of india who are victims of domestic violence and other matters incidental thereto. ..... petition had been filed under sections 9(b) and 37(2)(c) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the d.v.act, for brevity). ..... the relevant discussion is found in 29 paragraph 12 of the judgment and the same is reproduced below: the protection of women of from domestic violence act came into force on 26.10.2006 vide so1776e) dated 17.10.2006. ..... protection under the act becomes available to the wife-applicant who was driven out from her husband s shared household prior to coming into effect of the act of 2005, but if the deprivation continued even after the act came into force. .....
Tag this Judgment!Court : Karnataka
..... submission of learned counsel for the respondent is that, as the protection of women from domestic violence act, 2005 has been enacted to protect the women being the victims of domestic violence, it is therefore contended that the reference to the statement of objects and reasons that the provisions contained in sub-section (3) of section 29 will be applicable even to the domestic violence act and it is not restricted only to the law relating to marriage and divorce. 14. ..... whether sub-section (3) of section 29 of the limitation act, 1963 operates as a bar for filing the application under section 5 of the said act before the lower appellate court in respect of the proceedings under the protection of women from domestic violence act, 2005, (domestic violence act, 2005 for short) is the question that has arisen in this petition. 2. ..... the provisions contained in the protection of women from domestic violence act, 2005 do not expressly exclude the application of sections 4 to 24 of the limitation act. ..... what is contemplated therefore is in respect of the law relating to marriage and law relating to divorce and there is no scope for reading into sub-section (3) and the provisions relating to protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Karnataka
..... 07/2017 and coming on - 3 - order in these petitions, the order passed by the trial court so also the appellate court in respect of proceedings under section 12 of the protection of women from domestic violence act, 2005 ( the act for short) are under challenge.2. ..... , that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the act 2005 read with rule 15(6) of the protection of women from domestic violence rules, 2006. . . 12. ..... , complaint could be filed only within a period of one year from the date of the incident in view of provisions of sections 28 and 32 of the act read with rule 15(6) of the protection of women from domestic violence rules, 2006. ..... learned single judge of delhi high court had held that it was with the view of protecting the rights of the women under articles 14, 15 21 of the constitution that the parliament enacted the act in order to provide for some effective protection of rights guaranteed under the constitution to the women, who - 13 - are victims of any kind of violence occurring within the family and matters connected therewith and incidental thereto, and to provide an efficient and expeditious civil remedy to them .....
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