Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: supreme court of india Page 1 of about 165 results (0.177 seconds)

Deoki PanjhiyarA. Vs. Shashi Bhushan Narayan Azad and anr.

Court : Supreme Court of India

..... appellant, who was married to the respondent in the year 2006, had filed a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act) seeking certain reliefs including damages and maintenance. ..... the different clauses of the bill were considered by a parliamentary standing committee and recommendations were made that having regard to the object sought to be achieved by the proposed legislation, namely, to protect women from domestic violence and exploitation, clause (2)(i) defining "relative" may be suitably amended to include women who have been living in relationship akin to marriages as well as in marriages considered invalid by law. ..... it has been pointed out that while rendering its opinion in the aforesaid case this court had no occasion to take into account the deliberations of the parliamentary standing committee on the different clauses of protection of women from domestic violence bill, 2002. ..... protection from domestic violence bill, 2002 an "aggrieved person" and "relative" was, initially, defined in the following terms :" ..... counsel by referring to the definition of "aggrieved person" and "domestic relationship" as appearing in the dv act, 2005 has urged that the legislative intent to include women, living in marriages subsequently found to be illegal or even in relationships resembling a marriage, within the protective umbrella of the dv act is absolutely clear and the same must be given its full effect .....

S.R. Batra and anr. Vs. Smt. Taruna Batra

Court : Supreme Court of India

Reported in : 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; (2007)3SCC169; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92

..... above, we are of the opinion that the house in question cannot be said to be a 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act').section 2(s) states:shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either ..... learned counsel for the respondent then relied upon the protection of women from domestic violence act, 2005. ..... 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order-(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which .....

V.D.Bhanot Vs. Savita Bhanot

Court : Supreme Court of India

..... thereafter, for whatever reason, there were misunderstandings between the parties, as a result whereof, on 29th november, 2006, the respondent filed a petition before the magistrate under section 12 of the protection of women from domestic violence act, 2005, hereinafter referred to as the "pwd act", seeking various reliefs. ..... examining the statement of objects and reasons for the enactment of the pwd act, 2005, the learned judge held that it was with the view of protecting the rights of women under articles 14, 15 and 21 of the constitution that the parliament enacted the pwd act, 2005, in order to provide for some effective protection of rights guaranteed under the constitution to women, who are victims of any kind of violence occurring within the family and matters connected therewith and incidental thereto, and ..... in our view, the situation comes squarely within the ambit of section 3 of the pwd act, 2005, which defines "domestic violence" in wide terms, and, accordingly, no interference is called for with the impugned order of the high court. ..... the learned judge accordingly held that a petition under the provisions of the pwd act, 2005, is maintainable even if the acts of domestic violence had been committed prior to the coming into force of the said act, notwithstanding the fact that in the past she had lived together with her husband in a shared household, but was no more living with him, at the time when the act came into force. .....

Sou. Sandhya Manoj Wankhade Vs. Manoj Bhimrao Wankhade and ors.

Court : Supreme Court of India

..... application no.203 of 2007, on 16th july, 2007, against all the respondents under sections 12, 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005, hereinafter referred to as "the domestic violence act, 2005". ..... the orders passed by the learned magistrate on 16th august, 2007 and 14th july, 2008, on the ground that being women they could not be made respondents in the proceedings filed by the appellant under the provisions of the domestic violence act, 2005, and that the matrimonial house of the appellant at khorej colony, amravati, belonged exclusively to ramabai, the respondent no.2 and mother-in-law of the appellant and did not, therefore, come within the definition of "shared ..... kabra submitted that it would be evident from a plain reading of the proviso to section 2(q) of the domestic violence act, 2005, that a wife or a female living in a relationship in the nature of marriage can, not only file a complaint against her husband or male partner but also against relatives of the husband or male partner. ..... learned counsel submitted that when the expression "female" had not been specifically included within the definition of "respondent" in section 2(q) of the domestic violence act, 2005, it has to be held that it was the intention of the legislature to exclude female members from the ambit thereof.11. .....

Aviral Bhatla Vs. Bhawna Bhatla

Court : Supreme Court of India

Reported in : 2009AIRSCW6622; (2009)3GLR2135(SC); 2009(2)KLJ116; 2009(1)OLR(SC)764; 2009(3)SCALE120; (2009)3SCC448; 2009(2)JT600.

..... a case under the protection of women from domestic violence act, 2005 being complaint case no. ..... dated 03.11.07, under section 12 of the domestic violence act, which is pending in the court of ..... 431 of 2008 before this court inter alia praying transfer of the petition under section 9 of the hindu marriage act, 1955 filed by the respondent pending before the chief judge, family court at gwalior and transfer of proceedings under section 125 criminal procedure code, 1973 filed by respondent pending before the ..... been filed by aviral bhatla (hereinafter referred to as the `husband') seeking transfer of several cases pending before learned chief judge, family court, gwalior, in proceedings under section 9 of the hindu marriage act, 1955 (in short the `act') and section 125 of the code of criminal procedure, 1973 (in short the `code'). ..... e-8/10, 3rd floor, malviya nagar, new delhi, within 7 days from the date of signing of the present petition, the same will be collected by the respondent and the expenses for the transportation will be borne by her.the respondent agrees and undertakes that after ..... , against petitioner and his family members under section 406 r/w 34 and 498a of the ipc read with section 4 of dowry prohibition act which is pending investigation in mahila police station padav, gwalior. ..... litigations between the parties are as follows:(i) the petitioner has filed a case/petition under section 13(1)(ia) read with section (iii) of the hindu marriage act, 1955 titled aviral bhatla v. .....

Shaleen Kabra Vs. Shiwani KabrA.

Court : Supreme Court of India

..... the appellant and the respondent have been living separately since 10.04.2007, and have been involved in various litigations since then, including a petition for divorce under section 13(1)(i) & 1a of the hindu marriage act, 1955 filed by the appellant-father and also proceedings under the protection of women from domestic violence act, 2005, initiated by the respondent-mother. ..... the appellant, who is an ias officer, stationed at jammu at present, had sought certain modifications in the arrangement of custody of the children, and also permission to take transfer certificates of the children from delhi and complete their admission in a school in jammu, and in this respect, moved applications dated 25.05.2010 and 22.06.2010 before the additional district judge. ..... so as to see that the respondent-mother is also not kept away from the children, she shall have a right to visit the children at least once in a month. ..... shall take effect from 1st june, 2012, the respondent-mother shall do the needful to send the younger son to the residence of the appellant-father before 15th may, 2012.21. ..... from the wedlock, two sons were born, who are approximately 15 and 9 years old. .....

D. Velusamy. Vs. D. Patchaiammal.

Court : Supreme Court of India

..... having noted the relevant provisions in the protection of women from domestic violence act, 2005, we may point out that the expression `domestic relationship' includes not only the relationship of marriage but also a relationship `in the nature of marriage'. ..... however, the question has also be to be examined from the point of view of the protection of women from domestic violence act, 2005. ..... however, indian society is changing, and this change has been reflected and recognized by parliament by enacting the protection of women from domestic violence act, 2005.38. ..... :"2(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";section 2(f) states :"2(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family ..... no doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or amend the law. .....

Satish Chander Ahuja Vs. Sneha Ahuja

Court : Supreme Court of India

..... the mention of the divorce petition filed by raveen was made in the plaint and it was pleaded that the defendant as a counter blast has filed the complaint case under the protection of women from domestic violence act, 2005 in which interim order directing the plaintiff not to alienate and not to dispossess the defendant without order of the competent court has been passed. 67. ..... the broad and inclusive definition of the term shared household in the protection of women from domestic violence act, 2005 is in consonance with the family patterns in india, where married couple continue to live with their parents in homes owned by parents.75. ..... taruna batra, (2007) 3 scc169has not correctly interpreted the provision of section 2(s) of protection of women from domestic violence act, 2005 and does not lay down a correct law?. ..... that the suit filed by the plaintiff is directly in conflict with the right of the defendant to reside in her matrimonial residence/shared household granted to her by the legislature and specifically envisaged in section 17 and 19 of the protection of women from domestic violence act, 2005 and as such is liable to be dismissed at the threshold. ..... the seemingly radical provisions comprised in the protection of women from domestic violence act, 2005 must be understood and appreciated in light of the prevalent culture and ethos in our society.60. .....

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

..... the only legislations which come to one s mind which in fact created social status or facilitated the status of individuals in private fields are the special marriage act, 1954, the protection of women from domestic violence act, 2005 ( dv act ), and section 41 of the juvenile justice (care and protection of children) act (which enables adoption amongst members of all faiths and (a) any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas or sikhs by religion (b) any child, legitimate or illegitimate, one of whose parents is ..... about two decades ago, the protection of women from domestic violence act 2005 was enacted to protect the rights of women who were survivors or victims of domestic violence, either by their husbands or the relatives of ..... the protection of women from domestic violence act, 2005 which was for the purpose of more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within ..... for example, the law penalises the husband and his family members if they treat the wife cruelly, including demands for dowry.116 similarly, the protection of women from domestic violence act 2005117 penalises persons for domestic violence in the course of a domestic relationship which has been defined to include marriage.118 the grounds for divorce prescribed in various marriage laws also regulate the conduct of parties because their actions during the sustenance of a marriage may be .....

Hiral P. Harsora and Ors. Vs. Kusum Narottamdas Harsora and Ors.

Court : Supreme Court of India

..... it raises an important question as to the constitutional validity of section 2(q) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the 2005 act ).3. ..... and foremost, she argued that the 2005 act is a piece of social beneficial legislation enacted to protect women from domestic violence of all kinds. ..... fact, in her submission, the said expression goes contrary to the object of the act, which is to afford the largest possible protection to women from domestic violence by any person, male or female, who happens to share either a domestic relationship or shared household with the said woman. ..... such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005. ..... fact, as per the principle settled in the subramanian swamy judgment, the words adult male person are contrary to the object of affording protection to women who have suffered from domestic violence of any kind . ..... , jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate; (f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection order.19. .....