Court : Karnataka
..... section 12 of protection of women from domestic violence act, 2005 (for short ..... court has not followed sections 21, 23, 28 of the d.v.act and rule 6 of the crl.p.no.356/2019 -7- protection of women from domestic violence rules 2006.8. ..... the domestic violence act is a special legislation enacted for the purpose of promoting the family relationship and ..... crl.p.no.356/2019 -13- (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 ..... 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 act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent; provided ..... petition, the wife had filed interlocutory application under sections 21 and 23 of the d.v.act, for a direction to the station house officer, mangaluru, east police station to procure crl.p.no.356/2019 -4- baby sarah and master jayden and restore them to her custody and interim protection for herself and the children.5. .....
Tag this Judgment!Court : Karnataka
..... respondent is getting a sum of `45,000/- per month from both the proceedings namely, under the hindu marriage act as well as under the provisions of the protection of women from domestic violence act, 2005. ..... court considers that the child is 9 years old and expenses of the child for his education would be at high and maintenance that is awarded in the case filed by the husband invoking the domestic violence act would not be enough for the wife to take care of the child and herself and also records that this court has not granted any stay of the decree of restitution of conjugal rights. ..... 17 in another proceeding where the wife had instituted proceedings invoking domestic violence act, maintenance was paid to the wife up to the date of decree of restitution of conjugal ..... the amount that the wife was being paid under the domestic violence act on an order in i.a.no.5 under section 24 of the act ceases on 02-09-2020. ..... as the contention of duplication of maintenance is concerned, it is an admitted fact that the wife is getting maintenance at `20,000/- per month in the case registered by her invoking the provisions of the domestic violence act. ..... memo of calculation is filed by the petitioner himself depicting that payment of `20,000/- in the domestic violence case was stopped on and from 02-09-2020 as the decree was passed on 28-09-2020. ..... if the petitioner had continued to pay in the domestic violence case or in the matrimonial case after the decree, it would have been a circumstance .....
Tag this Judgment!Court : Karnataka
..... domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005.18. ..... the divorce petition by the appellant and 6 months after the filing of the domestic violence case by her mother-in-law. ..... the fir lodged by the respondent no.2 was nothing but a counterblast to the divorce petition & also the domestic violence case.19. ..... necessary 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. ..... , 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 46 this court as made in ..... excuse, telling me it s all my fault, and it s my drama, which makes him upset everyday & never interest to engage in sexual intercourse from the ver inception of the marriage and has always been able to avoid the 10 same under the pretext of work or some other irrelevant situations marriage ..... arrest in a case under section 498a of the ipc and section 4 of the dowry prohibition act, 1961, prayed for anticipatory bail before this court, having failed to obtain the same from the high court. .....
Tag this Judgment!Court : Karnataka Dharwad
..... passed in c.mis.no.70/2014 which was filed by the mother of respondent/plaintiff in the court below, along with her five children namely, mahantesh, padmini, pooja, keerthinath and sukanya, under sections 18 to 20 and 22 of the protection of women from domestic violence act, 2005, which was disposed of by order dated 01.08.2015; the order dated 03.06.2014 passed on an application filed under section 23 of the ..... the petition which was filed under protection of women from domestic violence act, has reached finality in providing protection order to the wife and children by order dated 01.08.2015 and it is seen that some of the orders therein are pending consideration before the principal district and sessions judge, gadag, in ..... after hearing the learned counsel for the appellant and the respondent and also on going though the records in o.s.no.12/2014 from which the present appeal arises and also other documents, it is clearly seen that the family of the appellant is divided vertically with appellant herein on one side and his wife and their five ..... judge, family court, gadag, which was filed under section 9 of the hindu marriage act, by the respondents mother against the appellant herein, which was allowed by the aforesaid order and the decree drawn thereunder in the said proceedings; the appeal ..... the said suit in o.s.no.12/2014 was filed under section 20 of the hindu adoption and maintenance act, along with invoking the provisions of order vii rule 1 of the code of civil procedure.3 .....
Tag this Judgment!Court : Karnataka Dharwad
..... ) and jmfc, gadag, which was filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act', for short), approached this court seeking quashing of the entire proceedings against them ..... also, she claimed before the trial court that the court has to pass a protection order preventing the respondents therein from committing domestic violence against her and also for residence and maintenance to her and her child. ..... the husband and the other members are in the joint family house, then that can be called as 'shared house' and other relatives of husband, in fact, can also be made as parties to restrain them from committing any domestic violence by throwing out the wife from the shared house. ..... the threshold, the petition cannot be quashed and the petitioners in fact have to approach the trial court and file appropriate application showing that there was no act of domestic violence committed by them against the petitioner therein. ..... of the learned counsel by submitting that there are sufficient pleadings in the petition as to how the petitioners herein have ill-treated, harassed and caused domestic violence against the 1st respondent herein and in fact the relief is claimed against all the petitioners. ..... merits, to order that the petitioners herein have to allow the 1st respondent to reside in the matrimonial home itself and the court has also got power to restrain the petitioners from causing any domestic violence against the wife. 10. .....
Tag this Judgment!Court : Karnataka
..... roopa had filed a petition under section 12 of the protection of women from domestic violence act, 2005, on 29.4.2011 seeking monthly maintenance of rs.5,000/-and compensation of rs.5,00,000/-. ..... filed u/s 12 of protection from domestic violence act 2005 and residency order to ..... the entire evidence placed on record, the learned judge of the trial court has come to the conclusion that thimmappa has committed violence in terms of the relevant provisions of the dv act and therefore, he has to look after his wife and child. ..... petition was decided and ultimately allowed, granting a sum of rs.10,000/-per month to the wife as maintenance and rs.1,00,000/- as compensation, apart from directing thimmappa to meet all the educational expenses of his son born to roopa. ..... suit filed by thimmappa requesting the trial court to restrain his wife from meeting his family members and not to visit his place, is pending ..... thimmappa has approached this court on the ground that enhancement of maintenance from rs.10,000 to rs.15,000/- is incorrect and improper, and there could not have been any order of paying compensation of rs.1,00,000 ..... india is a signatory to the protection of rights of children and article 12 of the constitution of india provides for respecting the views of ..... fact that roopa gave birth to a male child from her marital relationship with thimmappa is also not disputed ..... filed by roopa is allowed in part, enhancing the amount from rs.10,000/- to rs.15,000/-and the other directions are affirmed. .....
Tag this Judgment!Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) reinforced by article 39 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article 39 of the ..... section 9 of the hindu marriage act is for protecting institution of marriage and its objective is to maintaining marital ..... act") which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities ..... section 9 of the hindu marriage act, 1955 reads as follows:- when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition - 19 - nc: ..... 15 (3) reinforced by article 39 of the constitution of india, which envisages a positive role for the state in fostering change towards the empowerment of women, led to the enactment of various legislations from time to time.6. ..... 15(3) of the constitution of india provides that:"nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) reinforced by article 39 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article 39 of the ..... section 9 of the hindu marriage act is for protecting institution of marriage and its objective is to maintaining marital ..... act") which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities ..... section 9 of the hindu marriage act, 1955 reads as follows:- when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition - 19 - nc: ..... 15 (3) reinforced by article 39 of the constitution of india, which envisages a positive role for the state in fostering change towards the empowerment of women, led to the enactment of various legislations from time to time.6. ..... 15(3) of the constitution of india provides that:"nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) reinforced by article 39 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article 39 of the ..... section 9 of the hindu marriage act is for protecting institution of marriage and its objective is to maintaining marital ..... act") which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities ..... section 9 of the hindu marriage act, 1955 reads as follows:- when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition - 19 - nc: ..... 15 (3) reinforced by article 39 of the constitution of india, which envisages a positive role for the state in fostering change towards the empowerment of women, led to the enactment of various legislations from time to time.6. ..... 15(3) of the constitution of india provides that:"nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka Dharwad
..... couple appears to have turned sore, pursuant to which, among other proceedings the respondent-wife files a petition in crl.misc.no.2/2009 invoking section 12 of the protection of women from domestic violence act, 2005 ( act for short). ..... sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of ..... only issue that falls for my consideration is, whether the maintenance awarded under the domestic violence act can be sought to be enhanced under the cr.p.c.?. 5 8. ..... person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the ..... chapter, (a) minor means a person who, under the provisions of the indian majority act, 1875 (9 of 1875), is deemed not to have attained his majority; (b) wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. .....
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