Court : Karnataka
..... section 12 of the protection of women from domestic violence ct, 2005 ( the act for brevity), prohibited the husband from inflicting violence against the wife and further ordered, if any such violence is perpetuated, the concerned police shall give adequate protection to her. ..... section 20 of the act as maintenance, expenses met and losses incurred as a result of domestic violence; under section 22 of the act, by way of compensation and damages for the injuries including mental torture and emotional distress caused by the act of domestic violence. ..... that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him ..... after examination of the law on the point it was held that, the language employed under the copyright act contemplates only a final order after hearing and after holding enquiry to see whether the ground for withholding of the work from the public was justified or not and there is no hint of any power having been given to the board to make interim arrangements, such ..... - (1) a breach of protection order, or of an interim protection order, by the respondent shall be an offence under this act and shall be punishable with imprisonment of either description for a term which may extend to one year, or .....
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 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
..... also, in respect of matters, where the complaint is filed under protection of women from domestic violence act or for the offence punishable under dowry prohibition act, or for the offence invoking the provisions of section 498a 01 ipc for various reasons, to provide a way out for the parties from the litigation faced by them and to see that they arrive at a settlement, wherein they either start their life afresh together or part their way and live respectful life without any stigma ..... the intention behind the same was to ensure that if the proceeding is under section 138 of the negotiable instruments act, where financial transaction between the parties has resulted in non-payment of the debts due at a particular point of time, criminal prosecution should not be taken to the logical end where the victims of poverty or other circumstances are made to suffer the conviction for criminal act which they did not intend to do. ..... 1 to 3 passing off a site not belonging to them in favour of the complainant by misrepresenting to him and collecting from him a sum of rs. .....
Tag this Judgment!Court : Karnataka
..... also, in respect of matters, where the complaint is filed under protection of women from domestic violence act or for the offence punishable under dowry prohibition act, or for the offence invoking the provisions of section 498a 01 ipc for various reasons, to provide a way out for the parties from the litigation faced by them and to see that they arrive at a settlement, wherein they either start their life afresh together or part their way and live respectful life without any stigma ..... the intention behind the same was to ensure that if the proceeding is under section 138 of the negotiable instruments act, where financial transaction between the parties has resulted in non-payment of the debts due at a particular point of time, criminal prosecution should not be taken to the logical end where the victims of poverty or other circumstances are made to suffer the conviction for criminal act which they did not intend to do. ..... 1 to 3 passing off a site not belonging to them in favour of the complainant by misrepresenting to him and collecting from him a sum of rs. .....
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
..... ; section 12 of the protection of women from domestic violence act an affidavit and assets and liabilities statement were to be filed in futural cases and in cases pending adjudication ..... of social justice and is specially enacted to protect women and children and as noted by this court ..... the disposal of the maintenance petition filed in the year 2003, until 2015; coupled with the fact that a specious and unsubstantiated plea has been taken by him that he is unemployed from 2010, despite the fact that he is highly qualified and an able-bodied person; his monthly income while working in canada in the year 2010 was over rs 1,77,364; and that this ..... , not ordered; maintenance is ordered which according to the wife is inadequate and seeks enhancement of maintenance; petitions are filed by the husband contending that maintenance directed to be paid from the date of the application which suddenly amounts to a large extent of money and would seek reduction or deferring of payment of money to the wife and so on. ..... that both the parties got married as per hindu rites and customs on 24-3-2002 and since then the petitioner was living with her parents from 10-8-2002 onwards, and the parents are under no legal obligation to maintain a married daughter whose husband is living in canada and having canadian ..... the concept of maintenance to be paid by the husband since 2005, by judgments rendered by the apex court from time to time, a few of which have been quoted hereinabove ..... 2005) 3 scc636:2005 .....
Tag this Judgment!Court : Karnataka
..... revision is against the order of the appellate court in an appeal against an order passed by the magistrate in a misc execution case in a proceeding under the protection of women from domestic violence act.19. ..... during the pendency of the said petition, the husband/petitioner suffers a stroke resulting in 75% disability, due to which, he had resigned from his work and on the ground that the husband has not paid maintenance, to recover arrears of maintenance, the wife/respondent initiates execution petition seeking execution of the ..... acceptance letter this refers to the email dated 22 may 2015, sent by priyanka sengar (your sister) on your behalf, resigning from the services of the company and the subsequent discussions we had over phone. ..... the duration of maintenance covers the period of disability of the husband right from its beginning till today, except for a few months prior to the ..... in the teeth of the disability of the petitioner who also suffers from cognitive dysfunction, the trial court ought to have allowed the application seeking recall of the order of maintenance and restricted the recall up to the date on which the ..... india private limited sd/- reshma b s sr.executive hr ops (emphasis added) therefore, on and from the husband suffering disability he has remained outside employment. ..... serious disability or ill health of a spouse, child/children from the marriage/dependent relative who require constant care and recurrent expenditure, would also be a relevant consideration .....
Tag this Judgment!Court : Karnataka Dharwad
..... the undisputed facts are that in addition to the petition in m.c.no.43/2014 filed by the respondent/husband, the parties are also locked in the litigation filed under the protection of women from domestic violence act and also the petition, which was instituted seeking maintenance. ..... the petitioner contending that she would not be in a position to appear and defend the petition before the court at karkala is before this court seeking that the same be withdrawn from the said court and transfer the same to the court at gadag. 3. ..... the respondent has initiated a petition in m.c.no.43/2014 under section 13(1)(ia) and (ib) of the hindu marriage act seeking dissolution of their marriage. .....
Tag this Judgment!Court : Karnataka
..... revision is against the order of the appellate court in an appeal against an order passed by the magistrate in a misc execution case in a proceeding under the protection of women from domestic violence act.19. ..... during the pendency of the said petition, the husband/petitioner suffers a stroke resulting in 75% disability, due to which, he had resigned from his work and on the ground that the husband has not paid maintenance, to recover arrears of maintenance, the wife/respondent initiates execution petition seeking execution of the ..... acceptance letter this refers to the email dated 22 may 2015, sent by priyanka sengar (your sister) on your behalf, resigning from the services of the company and the subsequent discussions we had over phone. ..... the duration of maintenance covers the period of disability of the husband right from its beginning till today, except for a few months prior to the ..... in the teeth of the disability of the petitioner who also suffers from cognitive dysfunction, the trial court ought to have allowed the application seeking recall of the order of maintenance and restricted the recall up to the date on which the ..... india private limited sd/- reshma b s sr.executive hr ops (emphasis added) therefore, on and from the husband suffering disability he has remained outside employment. ..... serious disability or ill health of a spouse, child/children from the marriage/dependent relative who require constant care and recurrent expenditure, would also be a relevant consideration .....
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