Court : Karnataka
..... the respondent has filed petition under section 12 of the protection of women from domestic violence act, 2005. ..... 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. ..... no restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the domestic violence act. ..... it is prima facie clear that at some point of time, the respondent lived in domestic relationship, with the peiitioners herein, as such, she is an aggrieved person as per section 2(a) of the act and that the allegal ions further prima facie indicates that she was subjected to various kind of domestic violence as defined under section 3 of the act, therefore, it cannot be said that the petition filed before the learned magistrate is not maintainable.6) i have bestowed my anxious consideration to the submissions made ..... as could be seen from the preamble of the act, the act was brought into force to provide more effective protection to the rights of the women guaranteed under the constitution who are victims of violence of many kind occurring within the family. .....
Tag this Judgment!Court : Karnataka
..... 210/2012, against the petitioners herein, in the court of the metropolitan magistrate, bengaluru, under s.12 of the protection of women from domestic violence act, 2005 (for short, 'the act'), for grant of relief under ss.18, 20 and 22 and the learned magistrate, by an order dated 10.10.2012 having taken cognizance and ordered notice, this petition was filed to quash the proceedings of the said case.2. ..... bhanot (supra), apex court, while considering a complaint by wife alleging domestic violence, 7 long years after marriage, having no children, left alone at her advanced age, without any proper shelter, protection and means of sustenance, has held that the conduct of parties even prior to the coming into force of the act could be taken into consideration while passing an order under ss.18, 19 and 20 thereof. ..... he submitted that the respondent having left the matrimonial home on 10.10.1994 and she having not been subjected to any act of domestic violence after the act came into force, learned magistrate has committed illegality in taking cognizance and ordering issue of notice.3. ..... we are of the view that the act of the respondent husband squarely comes within the ambit of section 3 of the act, 2005, which defines domestic violence in wide terms. ..... apart from these reliefs, she is also entitled for compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent husband. .....
Tag this Judgment!Court : Karnataka Dharwad
..... quash the proceedings in cc no.1/2022 u/sec12of the protection of women from domestic violence act, 2005 which is pending on the file of iv the ..... complaint no.219/2017 against this petitioner alleging that the petitioner herein has made breach of protection order by not paying maintenance amount as per the order dated 29.07.2015 passed in crl.misc.no.306/2015 and committed offence punishable under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v. ..... 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.11. ..... 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; - 7 - nc:2023. ..... khc-d:14623 crl.p no.102231 of 2023 (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 place frequented by the aggrieved person; (d) attempting to communicate in any .....
Tag this Judgment!Court : Karnataka Dharwad
..... legislature in its wisdom has introduced the protection of women from domestic violence act, 2005 and deemed it fit to enlarge the ..... section 2(f) of the protection of women 6 from domestic violence act, 2005, defines the relationship to also mean the ..... of the first marriage and in order to address the plight of this section of the fairer sex, the legislature choose to embrace the wider concept and consequentially has 9 afforded protection not only to legally wedded wife but also to women who is in a domestic relationship, which cannot be strictly termed as marriage but is a relationship which is in the nature of marriage. ..... in the event, it is demonstrated by the party that she was in domestic relationship with the deceased then the said person is also entitled for protection and the hon ble apex court while dealing with the said contingencies has in fact recognized the legality of a live-in relationship in its ..... it is held that the women who have shared domestic relationship in the nature of marriage are also entitled to be classified as legal representatives and can stake a claim to the personal estate of the person who shared a domestic relationship with them. ..... petitions are not maintainable, till a finding is rendered as to who of the two is the legally wedded wife of the deceased person in accordance with the provisions of the hindu succession act and he has concluded only such person, who is declared to be a legally wedded wife is entitled for compensation under the m.v. .....
Tag this Judgment!Court : Karnataka
..... the parliament in its highest wisdom to provide the rights guaranteed under the constitution of india to the victims of domestic violence has enforced the statute 24 the protection of women from domestic violence act, 2005 . ..... section 2(f) of the protection of women from domestic violence act, defines domestic relationship - among other things, the relationship between two persons, who live or have, at any point of time, lived together in a relationship in the nature of marriage is a domestic relationship. ..... the victims of domestic violence are entitled for protection orders, residence orders and monetary reliefs from the erring partner. ..... extending the concept of the domestic violence act to the case on hand, we hold that the first defendant herein is one such victim, who has 25 rendered helpless in half way of her life. ..... the term domestic violence is defined under section 3 of the said act. ..... accordingly, depriving a woman of economic and financial resource, falls under the category of the domestic violence. ..... the scheme of the act is for remedying the victims of violence of all kinds occurring within the family and in respect of matters connected therewith and incidental thereto.20. .....
Tag this Judgment!Court : Karnataka
..... 210/2012, against the petitioners herein, in the court of the metropolitan magistrate, bengaluru, under s.12 of the protection of women from domestic violence act, 2005 (for short, 'the act'), for grant of relief under ss.18, 20 and 22 and the learned magistrate, by an order dated 10.10.2012 having taken cognizance and ordered notice, this petition was filed to quash the proceedings of the said case. 2. ..... bhanot (supra), apex court, while considering a complaint by wife alleging domestic violence, long years after marriage, having no children, left alone at her advanced age, without any proper shelter, protection and means of sustenance, has held that the conduct of parties even prior to the coming into force of the act could be taken into consideration while passing an order under ss.18, 19 and 20 thereof. ..... he submitted that the respondent having left the matrimonial home on 10.10.1994 and she having not been subjected to any act of ''domestic violence" after the act came into force, learned magistrate has committed illegality in taking cognizance and ordering issue of notice. 3. ..... we are of the view that the act of the respondent husband squarely comes within the ambit of section 3 of the act, 2005, which defines "domestic violence" in wide terms. ..... apart from these reliefs, she is also entitled for compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent husband. .....
Tag this Judgment!Court : Karnataka
..... multiple proceedings are pending consideration/disposed of relating to the disputes raised under the provisions of the protection of women from domestic violence act, 2005, sections 498-a, 506, 504, 420 of ipc etc. ..... direction to respondent nos.1 to 5 and the law enforcement authorities for strict adherence to protection of women, dowry, domestic violence laws and their strict implementation to protect the intentions and objectives of the said laws and to secure the safety, security, welfare and dignity of women; as also for a direction to respondent no.4 for the strict departmental action against the protection officer & child development protection officer, department of women and child development, anekal taluk, bangalore urban district; pass punitive and compensatory ..... above, court must be careful to see that a body of persons w.p.nos.44038-44039/2018 or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. ..... to act in the name of pro bono publico, though they have no interest of the public or even of their own to protect.11. ..... with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives and try to bargain for a good deal as well to enrich themselves. ..... 27.06.2018 before the protection officer, reg. ..... by its secretary union of india by the ministry of women and child development, shastri bhawan, new delhi-110 001 .....
Tag this Judgment!Court : Karnataka
..... factual matrix leading to the case are that the petitioner-wife has filed the petition under 4 section 12 of the protection of women from domestic violence act, 2005 (for short dv act ), seeking injunction against the respondent-husband from committing any domestic violence, seeking relief for separate residence and also sought maintenance as well as compensation to the tune of rs.10,00,000/-. ..... benefit is awarded under section 20 of the protection of women from domestic violence act. ..... hence, under the 11 provisions of domestic violence act, question of awarding maintenance till marriage of the daughters does not arise at all and the maintenance can be granted till the attainment of age of majority by ..... hearing the arguments and after appreciating the oral and documentary evidence, the learned magistrate allowed the application under section 12 of the dv act in part directing the respondent not to commit any domestic violence and further directed that the children of the petitioner & respondent are entitled for monthly maintenance of rs.5,000/- each till they are ..... above, the maintenance to the children can be granted till they attain the age of majority under the provisions of domestic violence act. ..... making any provision for maintenance of the minor children also can be termed as domestic violence as it is not the 12 responsibility of the mother alone to maintain the ..... hence, there is material evidence to prove the domestic violence is committed by the respondent-husband as against .....
Tag this Judgment!Court : Karnataka
..... factual matrix leading to the case are that the petitioner-wife has filed the petition under 4 section 12 of the protection of women from domestic violence act, 2005 (for short dv act ), seeking injunction against the respondent-husband from committing any domestic violence, seeking relief for separate residence and also sought maintenance as well as compensation to the tune of rs.10,00,000/-. ..... benefit is awarded under section 20 of the protection of women from domestic violence act. ..... hence, under the 11 provisions of domestic violence act, question of awarding maintenance till marriage of the daughters does not arise at all and the maintenance can be granted till the attainment of age of majority by ..... hearing the arguments and after appreciating the oral and documentary evidence, the learned magistrate allowed the application under section 12 of the dv act in part directing the respondent not to commit any domestic violence and further directed that the children of the petitioner & respondent are entitled for monthly maintenance of rs.5,000/- each till they are ..... above, the maintenance to the children can be granted till they attain the age of majority under the provisions of domestic violence act. ..... making any provision for maintenance of the minor children also can be termed as domestic violence as it is not the 12 responsibility of the mother alone to maintain the ..... hence, there is material evidence to prove the domestic violence is committed by the respondent-husband as against .....
Tag this Judgment!Court : Karnataka Dharwad
..... subsequently the legislature in its wisdom has introduced the protection of women from domestic violence act, 2005 and deemed it fit to enlarge the scope for seeking maintenance. ..... section 2(f) of the protection of women from domestic violence act, 2005 defines the relationship to also mean the relationship in the nature of marriage. ..... note of the act that a section of the ladies, who has either been deliberately cheated or who has fallen prey to circumstance, by having entered into the contract of marriage during subsistence of the first marriage and in order to address the plight of this section of the fairer sex, the legislature choose to embrace the wider concept and consequentially has afforded protection not only to legally wedded wife but also to women who is in a domestic relationship, which cannot ..... in the event, it is demonstrated by the party that she was in domestic relationship with the deceased then the said person is also entitled for protection and the hon'ble apex court while dealing with the said contingencies has in fact recognized the legality of a live in relationship on its judgment reported in 2010(10) scc 469. 9. ..... in view of the above discussions, it is held that the women who have shared domestic relationship in the nature of marriage are also entitled to be classified as legal representatives and can stake a claim to the person estate of the person who shared a domestic relationship with them. .....
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