Court : Karnataka
..... 2) whether a married lady who is neglected by her husband even before the coming into force for 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? ..... 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. ..... the relevant discussion is found in 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 so 1776(e) 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. ..... the act was brought ion to force to provide for more effective protection to the rights of women guaranteed under the constitution of india who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. .....
Tag this Judgment!Court : Karnataka
..... petitioner is the accused in c.c.no.327/2012 and the trial court has issued process against the accused for offences punishable under section 31 of protection of women from domestic violence act, 2005 (for short act herein afterwards). ..... no.115/2009 on 01.03.2010, the learned judge has passed the following order:- the petition filed by the petitioners no.1 and 2 under section 12 of the protection of women from domestic violence act, 2005 is hereby allowed. ..... the short point that arises for consideration by this court is as under:- whether penal provision found in section 31 of protection ofvwomen from domestic violence act, 2005 could be invoked for non-payment of arrears of maintenance?. 6. ..... rule 15 of the protection of women from domestic violence rules, 2006 deals about the breach of protection order. ..... , in c.c.no.327/2012 dismissing the discharge application filed by the petitioenr for the offence p/u/s31of the protection of women against the domestic violence act and discharge the petitioern of the said offence. ..... parties, jointly by the aggrieved 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. 9 8. .....
Tag this Judgment!Court : Karnataka
..... that the respondent/wife filed a petition before the trial court under section 12 of the protection of women from domestic violence act, 2005 (for short d.v. ..... counsel for both the parties, the point that arises for my consideration is: whether filing of petition under section 12 of d.v.act in the form-ii as prescribed under rule 6(1) of the protection of women from domestic violence rules, 2006 is mandatory?. 7 7. ..... contending that the petition is not maintainable as it was not filed in the form prescribed under rule 6(1) of the protection of women from domestic violence rules, 2006 (for short d.v.rules) and prayed for dismissing the petition as not maintainable. ..... rule 6 of the protection of women from domestic violence rules is to the effect that every application of the aggrieved person under section 12 shall be in form ii ..... prescribed the format only to facilitate the deserted women / victim of the domestic violence, even for helping illiterate women for approaching the court and making out their case before the magistrate in simple form as prescribed as per form-ii and it is only an optional and even the women are permitted to file the petition like any ..... act provides a right for a woman, who suffers domestic violence, to file a ..... if the petitioner narrates the domestic violence committed on her, in detail, that itself is not a ground to dismiss the petition on the ground of maintainability and in support of his argument, the learned counsel contended that in a similar situation .....
Tag this Judgment!Court : Karnataka
..... of the revision petition are as under: wife filed an application in c.misc.no.3/2010 on the file of the principal civil judge and jmfc, doddaballapur under section 12 of the provisions of the protection of women from domestic violence act, 2005 [hereinafter referred to as dv act for short]..4. ..... protection of women from domestic violence act, 2005 ..... also pointed out that the act is meant for protecting the women from the domestic violence and without noticing the said aspect of the matter, the learned judge in the first appellate court granted the relief to the husband which is not at all permissible, having regard to the object and scope of the domestic violence act, and prayed for allowing ..... 15 scc755wherein it is ruled as under:"domestic violence act is enacted to provide a remedy in civil law for protection of woman, from being victims of such relationship and to prevent the occurrence of the domestic violence in the society. ..... worth to quote the judgment of bombay high court in the case of ishpal singh kahai vs.ramanjeettkahai reported in 2011 online bom 412 wherein bombay high court held that the object of the domestic violence act is to grant statutory protection to the victims of violence in the domestic sector who had no proprietary rights. ..... law were not sufficient enough to deal with the situations referred to supra, domestic violence act came into force on and from 13.09.2005. ..... protection order under section 18:- prohibiting acts of domestic violence to me and to my parents from .....
Tag this Judgment!Court : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka
..... . after floundering of the relationship, the wife institutes several proceedings one invoking section 12 of the protection of women from domestic violence act, 2005, the other is petition for restitution of conjugal rights in m.c.no.2536 of 2015 and the third one is the impugned proceedings for it being registered on ..... by the wife are invoking the provisions of the protection of women from domestic violence act, 2005; seeking restitution of conjugal rights and the subject ..... file a domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005 ..... filing of the divorce petition by the appellant and 6 months after the filing of the domestic violence case by her mother-in-law ..... view that the fir lodged by the respondent no.2 was nothing but a counterblast to the divorce petition & also the domestic violence case.19 ..... whether the necessary 25 ingredients to constitute the alleged offence are disclosed or not as, in frivolous or vexatious proceedings, the court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection, to try and read between the lines.36 ..... context, we looked into sections 85 and 86 respectively of the bharatiya nyaya sanhita, 2023, which is to come into force with effect from 1st july, 2024 so as to ascertain whether the legislature has seriously looked into the suggestions of this court as made in preeti .....
Tag this Judgment!Court : Karnataka
..... apart from the above, we are of the opinion that the house in question cannot be said to be a shared household within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act). ..... such son, daughter, daughter-in- law, son-in-law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under protection of women from domestic violence act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. ..... where a family member leaves the shared household to establish his own household, and actually establishes his own household, he cannot claim to have a right to move an application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... in that background respondent filed a complaint under section 12 of domestic violence act (hereinafter called as dv act, for short). ..... if this meaning is given to the shared household then the whole purpose of domestic violence act shall stand defeated. .....
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