Court : Supreme Court of India
..... the crpc is independent of and in addition to maintenance that could be awarded under the protection of women from domestic violence act, 2005 (for short, 2005 act ) which is applicable to an aggrieved woman in a shared household as defined under the provisions of the aforesaid act.8. ..... 8 scc90 this court while considering section 17 along with other provisions of the domestic violence act, 2005 opined as under: 60. ..... thus, the 1986 act expands the protection of women and ought to ..... the preamble of the 1986 act reads as under: an act to protect the rights of muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected ..... therefore, appear to be violative of article 14 of the constitution mandating equality and equal protection of law to all persons otherwise similarly circumstanced and also violative of article 15 of the constitution which prohibits any discrimination on the ground of religion as the act would obviously apply to muslim divorced women only and solely on the ground of their belonging to the muslim religion. ..... therefore, appear to be violative of article 14 of the constitution mandating equality and equal protection of law to all persons otherwise similarly circumstanced and also violative of article 15 of the constitution which prohibits any discrimination on the ground of religion as the act would obviously apply to muslim divorced women only and solely on the ground of their belonging to the muslim religion. .....
Tag this Judgment!Court : Supreme Court of India
..... the complaint, if made, by any woman alleging offence under the protection of women from domestic violence act, 2005 committed by any member of the family, the matter is to be looked upon seriously. ..... (ii) the high court also failed to consider that in the complaint under the protection of women from domestic violence act, 2005, the allegations are identical to the complaint made to the police.9. ..... on 6th april, 2009, the appellant filed a complaint under the protection of women from domestic violence act, 2005 (hereinafter referred to as, the act ) against her in-laws. ..... in the meantime, the appellant filed an application under the protection of women from domestic violence act, 2005. ..... the husband of the appellant always stood with her and protected her from various atrocities committed by in-laws and respondent no.3. ..... name of respondent no.3 was not there but when he helped his old parents, brother, sister and brother-in-law in shifting from ludhiana to jalandhar then appellant mentioned his name. ..... the investigating agency is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others. ..... the approval for taking action against the appellant u/s 182 ipc was obtained from ssp, jalandhar in november, 2009.7. ..... after such enquiry, the investigating agency may form a definite opinion and file report but it is for the court to decide finally whether to take cognizance for any offence under any of the provisions of the act.15. .....
Tag this Judgment!Court : Supreme Court of India
..... . be it noted, sometimes, transfer petitions are filed seeking transfer of cases instituted under the protection of women from domestic violence act, 2005 and cases registered under the ipc ..... . in matrimonial disputes that are covered under section 46 7 of the 1984 act where the family court exercises its jurisdiction, there is a statutory protection to both the parties and conferment of power on the court with a duty to persuade the parties to reconcile ..... the statement of objects and reasons reads thus:- statement of objects and reasons several associations of women, other organizations and individuals have urged, from time to time, that family courts be set up for the settlement of family disputes, where emphasis should be laid on conciliation and achieving socially desirable results and adherence to rigid rules of procedure and evidence should be eliminated. ..... . we may repeat at the cost of repetition that though the principle does not flow from statutory silence, yet as we find from the scheme of the act, the family court has been given ample power to modulate its procedure ..... question that fell for consideration was whether a division bench of the high court, while considering a memo for listing an appeal restored for fresh hearing, on grant of application for review by a co-ordinate bench, could refuse to act upon the order of review on the ground that the said order made by a bench different from the bench which passed the original order granting review is a nullity. .....
Tag this Judgment!Court : Supreme Court of India
..... the respondent initiated proceedings under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the d.v. ..... 12, the magistrate may, on being satisfied that domestic 8 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 ..... act and the desirability to construe the provisions liberally in favour of women seeking relief, as it is in the nature of a social legislation meant for protection of women s rights. ..... the direction, inter alia, can include an order restraining dispossession or a direction to remove himself 9 on being satisfied that domestic violence had taken place.16. ..... the factual matrix of the present case is such that one would have to look to the definition clauses relevant for the determination of the controversy contained in section 2 as under: 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 .....
Tag this Judgment!Court : Supreme Court of India
..... this judgment, this court struck down a portion of section 2(q) of the protection of women from domestic violence act, 2005. ..... , the words adult male person are contrary to the object of affording protection to women who have suffered from domestic violence of any kind . ..... behalf to the landlord and the tribunal in the prescribed manner within the period specified in that sub-section: provided that, if a tenant holding land from a landlord (who was a minor and has attained majority before the commencement of the tenancy and agricultural lands laws (amendment) act, 1969) has not given intimation as required by this sub-section but being in possession of the land on such commencement is desirous of exercising the right ..... application of the aforesaid severability principle would make it clear that having struck down the expression adult male in section 2(q) of the 2005 act, the rest of the section is left intact and can be enforced to achieve the object of the legislation without the offending words ..... of this court have referred to the fact that the equality before law concept has been derived from the law in the uk, and the equal protection of the laws has been borrowed from the 14th amendment to the constitution of the united states of america. ..... therefore, strike down the words adult male before the word person in section 2(q), as these words discriminate between persons similarly situate, and far from being in tune with, are contrary to the object sought to be achieved by the 2005 act. .....
Tag this Judgment!Court : Supreme Court of India
..... the larger bench may consider also the provisions of the protection of women from domestic violence act, 2005. ..... to the provisions of domestic violence act, 2005?3. ..... relationships in the nature of marriage within the definition of `domestic relationship' under section 2(f) of the act.42.therefore, women in live-in relationships are also entitled to all the reliefs given in the said ..... the power to award compensation to the aggrieved person, in addition to other reliefs granted under the act.40.in terms of section 26 of the act, these reliefs mentioned above can be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent.41.most significantly, the act gives a very wide interpretation to the term `domestic relationship' as to take it outside the confines of a marital relationship, and even includes live-in ..... to us that the same view is confirmed by section 26 of the said act of 2005.44.we believe that in light of the constant change in social attitudes and values, which have been incorporated into the forward-looking act of 2005, the same needs to be considered with respect to section 125 of cr.p.c. .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... a 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 fir no.95 of 2021 dated 09.04.2021 came to be lodged after a period of more than 11 months from page 12 of 36 the date the first informant left her matrimonial home and that too, only after the service of summons to her in the domestic violence case. ..... the appellant herein made the following submissions: - the appellant and his family had filed a divorce petition and also a domestic violence case against the first informant in 2019 and 2020 respectively. ..... of the divorce petition by the appellant and 6 months after the filing of the domestic violence case by her mother-in-law. ..... 13 of 36 the domestic violence case filed against the first ..... the fir lodged by the respondent no.2 was nothing but a counterblast to the divorce petition & also the domestic violence case.19. ..... a teacher and she used to leave the house at 7:00 hrs in the morning for the school and the first informant used to do all household works and when her mother-in-law returned from the school, she deliberately used to point out defects in her work and used to taunt the first informant that your family should have given gold bangles to me and now, you would ..... apprehending 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 : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
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