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
..... protection of women from domestic violence act, 2005 seeks to punish humiliation based on gender inequalities by specifically including the term humiliation in the definition of domestic ..... kerala reported in (2021) 1 scc733while discussing in the context of section 7 of the muslim women (protection of rights on marriage) act, 2019, elaborated on the requirement of the existence of a prima facie case under section 18 of the act, 1989 for the bar of anticipatory bail to become applicable, as follows: 25 ..... proposed to enjoining on the states and the union territories to take specific preventive and punitive measures to protect the scheduled castes and the scheduled tribes from being victimised and where atrocities are committed, to provide adequate relief and assistance to rehabilitate them.21. ..... in 431 bc, an athenian statesman described that the concept of liberty was the outcome of two notions, firstly, protection of group from attack and secondly, the ambition of the group to realise itself as fully as possible through the self-realisation of the individual by way ..... , this court observed that if the complaint does not make out a prima facie case for applicability of the provisions of the act, 1989 then the bar created by sections 18 and 18-a(i) shall not apply and thus the court would not be precluded from granting pre-arrest bail to the accused persons.36. justice ravindra bhat, in his concurring judgment, observed that while considering any application seeking pre-arrest .....
Tag this Judgment!Court : Supreme Court of India
..... domestic violence case no.96 of 2010 under section 12 of protection of women from domestic violence act,2005 pending before the 2nd acjm, ghaziabad and maintenance case no.1 of 2012 pending before 1st additional civil judge, s.d. .....
Tag this Judgment!Court : Supreme Court of India
..... as matter was remitted to the high court for presumption that proceedings were pending but the fact is that no such proceedings are pending under the protection of women from domestic violence act, 2005 (for short the dv act ). ..... , and the learned counsel for the respondent, we had passed order dated september 4, 2017, thereby disposing of this petition with the following directions: (a) insofar as domestic violence proceedings before the family court are concerned, necessary documents shall be filed by both the parties within four weeks from today and evidence led pursuant thereto. ..... orders and prayed for the directions to the respondent to pay entire arrears of maintenance as per the order of the family court in domestic violence proceedings. ..... of summary nature.12) in these circumstances, the appropriate course of action would be to allow the petitioner to file an application for maintenance under the hindu adoptions and maintenance act, 1956 or under section 125 of the code of criminal procedure, 1973 so that in these proceedings, both the parties lead their documentary and oral evidence and on the basis ..... in a matter arising under a legislation meant for protecting the rights of the women, the high court should have been slow in granting interim orders, interfering with the ..... decided the appeal of the respondent reducing the maintenance from rs.2,50,000/-, as fixed by the family court, to rs.50,000/- per month, from the date of filing of the petition under section 12 of the dv act. .....
Tag this Judgment!Court : Supreme Court of India
..... , under section 12 of the protection of women from domestic violence act, 2005, pending before the judicial magistrate court (mahila court), madurai, state of tamil nadu to the competent judicial magistrate court at bangalore, state of karnataka.3. ..... under section 406 of the code of criminal procedure, 1973 read with order xxxix rule 1 of the supreme court rules, 2013 seeking transfer of criminal proceedings being c.c.no.631 of 2014, titled as the 2 inspector of police, all women s police station, madurai south vs. .....
Tag this Judgment!Court : Supreme Court of India
..... also filed a complaint under section 12 of the protection of women from domestic violence act, 2005 on 17.05.2012. ..... sister in law gave threat for life on the issue of demand of 10 tola gold, maruti car and 1 lac rupees cash in dowry and have subjected me on physical and mental harassment now i have been harassed from cruelty of members of in laws house and i do not want to enter into any compromise rather i want legal proceeding. 6. ..... you being husband of complainant kirti subjected her to mental and physical torture and harassment from 24.06.2009 to 30.04.2012 in 73 laxmipuri colony indore, making illegal demand of rs.1,00,000/-, car and 10 tola gold as dowry and by beating her caused ..... same is extracted below: sir, in connection with enquiry of reference application both the parties appeared in women police station and statement of both were recorded which are enclosed with enquiry. ..... the first appellant on 16.04.2012 withdrew the application filed under section 9 of the hindu marriage act, 1955, since according to the first appellant the second respondent was not inclined to resume ..... non applicant told in his statement that my domestic life could not run peacefully due to intervention of members of parental house ..... it is seen from annexure-p3-application filed by the first appellant on 14.07.2011 under section 9 of the hindu marriage act, 1955 seeking restitution of conjugal rights that the second respondent had left the matrimonial house on 23.04.2011 and thereafter she had not gone .....
Tag this Judgment!Court : Supreme Court of India
..... the immoral traffic (prevention) act, 1956 the information technology act, 2000 the indecent representation of women (prohibition) act, 1986 (b) legal maxims (c) medical ..... act, 1984, the environment (protection) act, 1986, the wild life (protection) act, 1972, the indian penal code, 1860, the code of criminal procedure, 1973, the indian evidence act, 1872, the narcotic drugs & psychotropic substances act, 1985, the negotiable instruments act, 1881, the protection of children from sexual offence act, 2012, the juvenile justices (care & protection of children) act, 2015, the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, the prevention of corruption act, 1988 the electricity act, 2003, the protection of women from domestic violence act, 2005 .....
Tag this Judgment!Court : Supreme Court of India
..... procedure under section 14 of the protection of women from domestic violence act, 2005, of counseling should be made mandatory before registration of a case under section ..... the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the magistrate will authorize detention; 11.5 the decision not to arrest an accused, be forwarded to the magistrate within two weeks from the date of the institution of the case with a copy to the magistrate which may be extended by the superintendent of police of the district for the reasons to be recorded in writing; 11.6 notice of appearance in terms of section 41a of cr.pc be served ..... to instruct its police officers not to automatically arrest when a case under section 498-a of the ipc is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41, cr.pc; 11.2 all police officers be provided with a check list containing specified sub-clauses under section 41(1)(b)(ii); 6 (2014) 8 scc2739 11.3 the police officer shall forward the check list duly filed and ..... of 2008 dated 4th august, 2008 directed issuance of following guidelines: it must also be borne in mind that the object behind the enactment of section 498-a ipc and the dowry prohibition 1 2 3 4 (2005) 6 scc281(2010) 7 scc667(2010) 13 scc540ilr (2003) i delhi 484 7 act is to check and curb the menace of dowry and at the same time, to save the matrimonial homes from destruction. .....
Tag this Judgment!Court : Supreme Court of India
..... vkv sarma,26 this court observed that the definition of the expression domestic relationship in section 2(f) of the protection of women from domestic violence act 2005 is restrictive since it is defined by the use of the term means . ..... in addition to the above, it has also to be noticed that the objects for which the tamil nadu act, the maharashtra act and the pondicherry act were enacted, are identical, namely, to protect the interests of small depositors from fraud perpetrated on unsuspecting investors, who entrusted their life savings to unscrupulous and fraudulent persons and who ultimately betrayed their trust.51. ..... act 1999 31 the goa protection of interests of depositors (in financial establishments) act 1999 32 the telangana protection of depositors of financial establishments act 1999 33 the andhra pradesh protection of depositors of financial establishments act 1999 34 the sikkim protection of interests of depositors (in financial establishments) act 2000 42 deposit, dealership deposit or an advance amount is excluded from the definition of the phrase deposit . ..... 6 the high court s judgment...................................................................71 2 1 the appeal arises from a judgment dated 22 august 2019 of the bombay high court, by which certain notifications attaching the property of the respondent under section 4 of the maharashtra protection of interest of depositors (in financial establishments) act 19991 have been quashed. .....
Tag this Judgment!