Court : Karnataka
..... issue of maintenance are the special marriage act, 1954 ( sma ), section 125 of the criminal procedure code, 1973; and the protection of women from domestic violence act, 2005 ( the dv 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 ..... a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article ..... section 125 cr.p.c is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), ..... of social justice and is specially enacted to protect women and children and as noted by this court ..... has remained pending before the courts for seven years now, and the difficulties encountered in the enforcement of orders passed by the courts, as the wife was constrained to move successive applications for enforcement from time to time, we deem it appropriate to frame guidelines on the issue of maintenance, which would cover overlapping jurisdiction under different enactments for payment of maintenance, payment of interim maintenance, the ..... 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. ..... : nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka
..... he would also draw the attention of the court to the provisions of the protection of women from domestic violence act, 2005, with particular reference to the rights vested in the wife and as a pointer in this regard, he would refer to the provisions of section 2(s) of the act. ..... he would further contend that the word or otherwise used in section 28 will take the colour from its 74 preceding words that is species of contingencies over which neither the act nor legislature have any control and hence the provision of section 17 (2) cannot be imported or read into section 28 and hence the impugned order holding that the petitioners ceases to be a member is without authority of law as the ..... in the performance of this duty the judges do not act as computers into which are fed the statutes and the rules for the construction of statutes and from whom issue forth the mathematically correct answer. ..... sub-section (2) deals with eligibility criteria which are attracted even in respect of a person who otherwise was eligible to contest from the agriculturists constituency and act as a representative of the farmers.65. ..... therein it was contended, that both the petitioners were disqualified to contest in the elections from agriculturists constituency, as their respective spouses were registered as traders and were holding trader license under the act, 1966. .....
Tag this Judgment!Court : Karnataka
..... navya bhat under the provisions of the protection of women from domestic violence act, 2005 in criminal miscellaneous no.89 of 2019 pending before the v additional metropolitan magistrate traffic court. ..... the learned counsel appearing for the petitioner would contend that cases registered against the petitioner are - one under the domestic violence act, the other under the guardians and wards act and the third one is the subject crime in special c.c.no.1874 of 2021, all registered by his wife. ..... now, it is true that since the right to prior notice and opportunity of hearing arises only by implication from the duty to act fairly, or to use the words of lord morris of borth-y-gest, from fair play in action, it may equally be excluded where, 24 having regard to the nature of the action to be taken, its object and purpose and the scheme of the relevant statutory provision, fairness in action does not demand ..... the jurisdictional police alleging that the petitioner has sexually abused his son which becomes a crime in 4 crime no.145 of 2021 for offences punishable under sections 376ab of the ipc and section 3(a), 3(b), 5(m), 8 and 12 of the protection of children from sexual offences act, 2012 ( pocso act for short). ..... (m) the following procedure will be adopted in case statutory bodies like the ncw, the nhrc and the national commission for protection of children's rights request for preventing any indian/ foreigner from leaving india. .....
Tag this Judgment!Court : Karnataka
..... , seeking setting aside of order dated 10.8.2012 passed on an application, which is filed under section 20(l)(d) of the protection of women from domestic violence act, 2005 ('the act' for short) for maintenance of the respondent herein and children of petitioner ana respondent herein, which is confirmed by order dated 24.6.2013 in crl.a.no.591/2012 on the file of ftc ..... it is further made clear that even if said petition under the provisions of domestic violence act is dismissed, the order which is passed for the maintenance of children shall remain unaltered until ..... order would not come in the way of petitioner seeking dismissal of petition filed by respondent-wife under the provisions of domestic violence act. ..... she suffered an order directing her to go and reside with her husband in the matrimonial house, she has chosen to file the present petition in crl.misc.72/2012 alleging domestic violence. ..... on appreciation of the aforesaid facts, the learned magistrate has come to the conclusion that respondent-wife is not entitled to seek maintenance from her husband in view of the fact that there is already an order directing her to establish her conjugal rights with her husband, petitioner herein and to live with him in the matrimonial ..... the fact that they are living separately from 21.1.2008 is not in dispute, which is borne out by the pleadings in the petition filed under section 9 of the hindu marriage act in mc.219/2008, by the petitioner herein seeking restitution of conjugal rights .....
Tag this Judgment!Court : Karnataka
..... , section 125 of the code of criminal procedure, 1973 (applicable to all regardless of religions), sections 24 & 25 of the hindu marriage act, 1955 (applicable to hindus, in a broad sense of the term), section 37 of the divorce act, 1869 (applicable to christians), section 40 of the parsi marriage and divorce act, 1936 (applicable to parsis), section 20 of the protection of women from domestic violence act, 2005 (applicable to all persons regardless of religion and marital status), sections 36 & 37 of the special marriage - 5 - nc:2023. ..... khc:35178-db wa no.891 of 2023 act, 1954, the muslim women (protection of rights on marriage) act, 2019 (applicable to muslims wives), etc. ..... respondents this writ appeal filed u/s4of the karnataka high court act praying to a) set aside the order dated1906/2023 passed by the learned single judge in wp no.11957/2023 and etc. ..... we also notice that, the government being the rule making authority under the provisions of the karnataka state civil services act, 1978 has put an end to the discrimination of daughters on - 7 - nc:2023. ..... it only directs that till the discrepancy is removed by the legislature, certain provisions of the 1961 act and the rules framed thereunder shall be ignored. ..... the lic recruitment of staff instructions vide clause 21 (ii) exclude a married daughter from being eligible for appointment on compassionate basis. .....
Tag this Judgment!Court : Karnataka
..... 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 ..... measure of social justice especially enacted to protect women and children, - 11 - nc:2024. ..... has remained pending before the courts for seven years now, and the difficulties encountered in the enforcement of orders passed by the courts, as the wife was constrained to move successive applications for enforcement from time to time, we deem it appropriate to frame guidelines on the issue of maintenance, which would cover overlapping jurisdiction under different enactments for payment of maintenance, payment of interim maintenance, the criteria for determining the quantum ..... court by referring to article 15 (3) of the constitution of india about the object and reasoning to protect the interest and welfare of women and children - 13 - nc:2024. ..... 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 ..... (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. ..... rpfc no.186 of 2019 "nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka
..... -wife filed a petition against the appellant under the provisions of the protection of women from domestic violence act, 2005 5 [for short, dv act]. ..... acts of domestic violence as per the said complaint are that the appellant was trying to threaten her and she was driven out of the home without providing food, ..... of police backside of health quarters t.b.circle, honnali taluk davanagere district 575 305 (by sri.b.v.gangi reddy, advocate) appellant respondent2this mfa is filed under section 19(1) of the trial court act, r/s sec.28 of hindu marriage act, against the judgment and decree dated 10.10.2011 passed in m.c.no.5/2009 on the file of the senior civil judge, harihar, dismissing the petition filed under section 13(1)(ia) and (1) (ib) of hindu marriage ..... appellants, four months after the filing of divorce petition, she lodged a police complaint alleging offence under section 498a ipc read with sections 3 and 4 of the dp act against the appellant and that she also went to press and media in the matter, which was widely published in all newspapers. ..... of the appellant that in the complaint lodged 13 under the dp act, the respondent has also arraigned his old mother and younger brother, who are residing in a remote village in hosdurga taluk, 150 kms away from her workplace, who are no way concerned with the family affairs ..... working as psi at bhadravathi, which is far away from honnali, she lodged a complaint under the provisions of dp act stating that she was not providing food, cloth and .....
Tag this Judgment!Court : Karnataka
..... thereafter, on 22-02-2021, the respondent files a petition under 3 section 12 of the protection of women from domestic violence act, 2005 ( dv act for short) in criminal miscellaneous case no.32 of 2021 before the civil judge and jmfc, moodbidri wherein maintenance is also sought in the ..... 125 crpc is a measure of social justice and is specially enacted to protect women and children and as noted by this court in capt. ..... a measure of social justice and is specially enacted to protect women and children. ..... entire amount of arrears shall be deposited by the respondent in the family court within eight weeks from today, 15 after adjusting the amount, if any, already paid or deposited by him. ..... this court has granted an interim order of stay of the proceedings under the dv act in terms of the order dated 01-02-2022 and the proceedings instituted under the provisions of the ..... concerned court answering an application filed under section 24 of the hindu marriage act, 1955 allows the claim of the wife by granting maintenance of rs.30,000/- per month from the date of filing the application i.e. ..... also proved by producing the documentary evidence that her father had paid money to the respondent from time to time to help the respondent for his business. ..... apex court in the case of rajnesh1(supra) has clearly observed that in the light of overlapping of jurisdictions, the grant of maintenance under section 20(1)(d) of the dv act would be in addition to the maintenance granted under section 125 of the cr.p.c. .....
Tag this Judgment!Court : Karnataka
..... that criminal case filed by the wife in respect of cruelty and dowry harassment against the husband and in-laws would lose any significance in case the complaint is made after receiving the divorce notice from the husband, defeats the very object of section 498a of the ipc, or even complaints made under section 12 of the protection of women from domestic violence act, 2005. ..... us to cause this notice notifying that our client is ready and willing to make sincere efforts to get the matrimonial discord amicably resolved through mutual consent and additionally call upon you to desist from filing/lodging false and malicious complaints or allegations against our client and his family members if any with an intention to harass them. ..... we hereby call upon you to communicate your willingness to seek resolution of the matrimonial discard amicably and dissolution of the marriage by mutual consent within fifteen days from the date of receipt of this notice and also call upon you to desist from filing any false 7 complaint/malicious proceedings against our client and his family members. ..... the petitioner then on 13-10-2022 causes a legal notice upon the 5 wife wherein he projects himself to be suffering from mental trauma at the hands of the wife and seeks resolution of matrimonial dispute amicably and dissolution of marriage by mutual consent within ..... the aforesaid hyper-technical contention is accepted, it would act against the interests of women and the object for which the provision was added. .....
Tag this Judgment!Court : Karnataka
..... , section 125 of the code of criminal procedure, 1973 (applicable to all regardless of religions), sections 24 & 25 of the hindu marriage act, 1955 (applicable to hindus, in a broad sense of the term), section 37 of the divorce act, 1869 (applicable to christians), section 40 of the parsi marriage and divorce act, 1936 (applicable to parsis), section 20 of the protection of women from domestic violence act, 2005 (applicable to all persons regardless of religion and marital status), sections 36 & 37 of the special marriage act, 1954, the muslim women (protection of rights on marriage) act, 2019 (applicable to muslims wives), etc. ..... in view of the fact that the objective of compassionate appointment is beneficial, the fact that unmarried daughters have not been excluded from the definition of 'dependant family member must be given a literal, purposive and beneficial interpretation.4. ..... the scheme does not, in its terms, exclude married daughter from the ambits of the term 'dependent family member', and any daughter is entitled if she is wholly dependent. ..... , which elucidates the legal interpretation of dependency and the rationale behind precluding married daughters from eligibility for compassionate appointment. .....
Tag this Judgment!