Court : Karnataka
..... no.25/2014 under section 12 of the protection of women from domestic violence act, 2005. ..... in the present case, the appellants (the husband and his relatives, accused under sections 498-a read with section 34 ipc and sections 3 and 4, dowry prohibition act, 1961) had not sought compounding of the offences. ..... no.8071/2013 for the offences punishable under sections 498-a, 34 ipc and also under sections 3, 4 and 6 of the dowry prohibition act and also a case in c. ..... it is seen from the records that the family court has referred the parties to the bangalore mediation centre for exploring the possibility of settlement. ..... , bangalore, for the offences punishable under sections 498-a of ipc and sections 3, 4 and 6 of the d.p.act r/w. ..... act and sec. .....
Tag this Judgment!Court : Karnataka
..... further, the trial court on relying to section 3 of protection of women from domestic violence act, 2005, and the principles of gender justice, has made observation that on account of the comments made ..... , victim, looks like a black monkey and other physical and mental harassment caused, the victim has returned to her parents house, but there is no explanation from accused no.1 that under what circumstance the deceased mamatha had gone to her parental house on 29.08.2007 that too at night hours and what steps were taken by the ..... scc619 this court held that the concept of cruelty under section 498a ipc and its effect under section 306 ipc varies from individual to individual 17 also depending upon the social and economic status to which such person belongs. ..... extra marital relationship was not of such a nature as to drive the wife to commit suicide or that a-1 had ever intended or acted in such a manner which under normal 18 circumstances, would drive the wife to commit suicide.23. ..... marital relationship means the legally protected marital interest of one spouse to another 15 which include marital obligation to another like companionship, living under the same roof, sexual relation and the exclusive enjoyment of them, to have ..... the courts dealing with the criminal cases should, after convicting the accused shall make an endeavour to ascertain about the applicability of the provisions of the probation of offenders act, whether a submission is made to that effect or not, by the accused. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... the matter arises under the provisions of the protection of women from domestic violence act, 2005 (for short hereinafter referred to as the act). ..... on going through the application filed by the complainant before the magistrate under section 12 of the act, it is clear that sufficient material is forthcoming to proceed against the first petitioner-husband of the complainant. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the respondent has filed a petition under s.12 of the protection of women from domestic violence act, 2005(for short, the act ), in crl. ..... at this juncture, we are obliged to state that though it may be difficult to state that the judgment suffers from sans reasons, yet it is not at all difficult to say that the reasons ascribed are really apology for reasons. ..... the filament of reasoning must logically flow from requisite analysis, but, unfortunately, the said exercise has not been carried out. 8. ..... i.a.2 filed therein by her, under s.21 of the act, seeking custody of the minor girl child tazin was dismissed by the learned magistrate vide order dated 03.11.2014.5. .....
Tag this Judgment!Court : Karnataka
..... the respondent had filed c.misc.no.48 of 2010 before the learned iii additional civil judge and jmfc, mysuru under the provisions of protection of women from domestic violence act, 2005 (hereinafter referred to as 4 the dv act for the sake of brevity) and got an ex-parte order, directing the appellant to arrange for a house and also got issued a non-bailable warrant against the appellant. ..... pronouncements by the hon ble apex court make it clear that it cannot be considered as wrong on the part of the husband, to take advantage to file a petition seeking decree of divorce and the husband could not have been barred from invoking section 27(2)(ii) of the act of 1954 for non compliance of the directions for restitution of conjugal rights.30 ..... . similar to the amendment to section 13 of the act of 1955 by insertion of sub section (1-a) by act no.44 of 1964 with effect from 20/12/1964, section 27 of the act of 1954, was also amended by insertion of sub section (2) clauses (i) and (ii) by act 29 of 1970 with effect from 23 12/08/1970 ..... . the objective with which the amendment act 29 of 1970 was introduced with effect from 12/08/1970 is to be borne in mind while considering this relevant provision under the enactment.29 ..... . section 27 of the act of 1954 was renumbered as sub section (1), clauses (i) and (j) were omitted and section 27(2) (i) and (ii) of the act of 1954 was inserted by act 29 of 1970 with effect from 12/08/1970 .....
Tag this Judgment!Court : Karnataka
1. petitioner has called in question the proceedings in crl.misc.no.84/2008 on the file of j.m.f.c., somwarpet,2. the domestic violence report is filed before the learned magistrate interalia alleging violence against the complainant. in pursuance of the said report and the complaint, the learned magistrate had initiated the proceedings. at this stage, this petition has been filed.3. learned counsel for the petitioner submits that, there is no allegation of any violence alleged in the complaint and as such, the proceedings are vitiated.4. the domestic violence is reported in the prescribed form, prima facte, tisfg* discloses the alleged violence. even if any details are shortcoming, it is open to the petitioner to raise objections before the learned magistrate and learned magistrate would consider the objections at the appropriate stage.accordingly, the petition fails and same is dismissed.
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!Court : Karnataka
..... in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . the object of domestic violence act: the domestic violence act aims to provide several remedies to an aggrieved women and protect them against any form of domestic violence as emphasized in kunapareddy alias ..... against son under sections 5 and 23 of the maintenance and welfare of parents and senior citizens act, 2007 (for short senior citizens act, 2007 ) requesting to evict the son and his family members from the schedule property and to handover physical possession of second floor and third floor.simultaneously, anilkumar s wife namely sony @ sonia patil initiates legal action under the domestic violence act, 2005 (for short d.v. ..... . act, 2005, on the other hand, is designed to protect women from abuse and harassment within domestic relationships, allowing them to seek ..... . the primary object of d.v.act, 2005, is to give protection to women against any form of domestic violence as outlined in kunapareddy alias ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right ..... 18, 19, 20, 21, 22, and 23 of the d.v.act, 2005 delineate these civil remedies, emphasizing the act's intent to provide relief and 42 protection to victims within domestic relationships .....
Tag this Judgment!Court : Karnataka
..... in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . the object of domestic violence act: the domestic violence act aims to provide several remedies to an aggrieved women and protect them against any form of domestic violence as emphasized in kunapareddy alias ..... against son under sections 5 and 23 of the maintenance and welfare of parents and senior citizens act, 2007 (for short senior citizens act, 2007 ) requesting to evict the son and his family members from the schedule property and to handover physical possession of second floor and third floor.simultaneously, anilkumar s wife namely sony @ sonia patil initiates legal action under the domestic violence act, 2005 (for short d.v. ..... . act, 2005, on the other hand, is designed to protect women from abuse and harassment within domestic relationships, allowing them to seek ..... . the primary object of d.v.act, 2005, is to give protection to women against any form of domestic violence as outlined in kunapareddy alias ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right ..... 18, 19, 20, 21, 22, and 23 of the d.v.act, 2005 delineate these civil remedies, emphasizing the act's intent to provide relief and 42 protection to victims within domestic relationships .....
Tag this Judgment!Court : Karnataka
..... in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . the object of domestic violence act: the domestic violence act aims to provide several remedies to an aggrieved women and protect them against any form of domestic violence as emphasized in kunapareddy alias ..... against son under sections 5 and 23 of the maintenance and welfare of parents and senior citizens act, 2007 (for short senior citizens act, 2007 ) requesting to evict the son and his family members from the schedule property and to handover physical possession of second floor and third floor.simultaneously, anilkumar s wife namely sony @ sonia patil initiates legal action under the domestic violence act, 2005 (for short d.v. ..... . act, 2005, on the other hand, is designed to protect women from abuse and harassment within domestic relationships, allowing them to seek ..... . the primary object of d.v.act, 2005, is to give protection to women against any form of domestic violence as outlined in kunapareddy alias ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right ..... 18, 19, 20, 21, 22, and 23 of the d.v.act, 2005 delineate these civil remedies, emphasizing the act's intent to provide relief and 42 protection to victims within domestic relationships .....
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