Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... she has filed a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act") interalia alleging the domestic violence and seeking relief of monetary benefit, protection and other reliefs.3.the learned magistrate considering the nature of allegation in the application has ordered issue of summons and has also passed the order for monetary benefit to ..... to submission of the report by the protection officer, in case if he has received any complaint from any person about the domestic violence suffered by a woman. ..... that, magistrate court has no jurisdiction, as the respondent wife has shown her address at mysore only in the cause title, but has not explained as to whether she is residing at mysore or not.5.section 12 of the act confers power on the aggrieved party or protection officer or any person to initiate proceedings under section 12 of the act. ..... requirement for the aggrieved party to file a report of the protection officer along with application under section 12 of the act. ..... and 6 relates to the submission of report by the protection officer and not by the aggrieved party.6.section 12 enables any person or aggrieved person or protection officer. ..... he further submitted that, the proceedings under section 12 of the act is nothing but abuse of process of the court and submitted that, earlier the respondent had filed a petition for jurisdictional suppression on the same allegation and subsequently she has also filed an .....
Tag this Judgment!Court : Karnataka
..... under the provisions of the protection of women from domestic violence act, 2005 (for short 'the pwdv act'), the magistrate is not vested with the power ..... protection of women from domestic violence act, 2005, ..... referring to definition as per section 2 of the pwdv act, in this act, unless the context otherwise requires ,- (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; (d) "custody order" means an order granted ..... 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 of the respondent. ..... 21 reads as under: "custody orders - notwithstanding anything contained in any other law for the time being in force, the magistrate may, at any stage of hearing of the application for protection order or for any other relief under this pwdv act grant temporary custody of any child or children to the aggrieved person or the person for visit of such child or children by the respondent: provided that if the magistrate is of the ..... the contention of the respondent husband is that the petitioner-wife filed a petition before the magistrate court in india under section 12 of the pwdv act seeking relief of protection and other reliefs and in the said proceeding, she has also filed an application seeking custody of the child which was allowed exparte by the magistrate court and .....
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 "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 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 Dharwad
..... the respondent filed application vide annexure e, on 23.11.2015, under s.12 of the protection of women from domestic violence act, 2005 (for short, the act) for grant of the reliefs in terms of ss.18, 19, 20, 22 and ..... 165/2015 on the basis of the complaint filed by the respondent for the offences punishable under sections18 19, 20, 22, 23 of the protection of women from domestic violence act, 2005. ..... order to maintain an application, under s.12 of the act, what is required to be brought to the notice of the magistrate is the particulars of relationship, as defined under s.2(f) of the act and the domestic violence, in terms :6. ..... petitioner being not a relative of the husband of the respondent or the respondent, will have no interest in raising any demand for dowry or causing domestic violence and / or keep the ornaments of the respondent, with her. ..... the point for consideration is, whether there was domestic relationship, as defined in s.2(f) of the act, between the respondent and the petitioner and ..... will be abuse of process of law to allow the said prosecution to continue against the petitioner, who, apart from being a widow and without issues, is an aged person and living alone.10. ..... : the act, as (i) there did not exist domestic relationship between the parties; (ii) the respondent did not live with the petitioner in a shared household; and (iii) that they are not related by ..... without any application of mind and acting mechanically the case was registered and notice was issued to the .....
Tag this Judgment!Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!