Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: supreme court of india Page 6 of about 165 results (0.268 seconds)

The State Of Maharashtra Vs. Maroti

Court : Supreme Court of India

..... prashant ojha1 observed: this is an unfortunate case where the provisions of the protection of women from domestic violence act, 2005 are rendered simply a pious hope of the parliament and a teasing illusion for the appellant . ..... , the protection of children from sexual offences act, 2012 (for short pocso act ), has been throttled at the threshold by the exercise of power under section 482 of the code of criminal procedure, 1973 (for short cr.p.c. ..... articles 3 (2) and 34 of the convention have placed a specific duty on the state to protect the child from all forms of sexual exploitation and abuse.15. ..... be that as it may in view of the decision in shankar kisan rao khade s case (supra) holding non-reporting of such a crime as serious and in view of the position obtained from a conjoint reading of sections 19(1) and 21 of pocso act, such persons are also liable to be proceeded with, in accordance with law. ..... the said order was challenged before the high court and the high court allowed the appeal and granted him protection from page 6 of 28 arrest. ..... certainly, such provisions are included in with a view to ensure strict compliance of the provisions under the pocso act and thereby to ensure that the tender age of children is not being abused and their childhood and youth is protected against exploitation.12. ..... failure to report regarding the commission of the offence under the pocso act despite knowledge about the same is the accusation against the respondent revealed from the charge-sheet. .....

Aditi Alias Mithi Vs. Jitesh Sharma

Court : Supreme Court of India

..... , the protection of women from domestic violence act, 2005, hindu marriage act, 1955 and hindu adoptions and maintenance act, 1956, and criteria for determining quantum of maintenance, date from which maintenance is to be awarded, enforcement of orders of maintenance ..... this court even requested the national legal services authority to submit a report on the suggestions received from the state legal services authorities for framing guidelines on the affidavit of disclosure of assets and liabilities ..... by the high court shows that the amount of maintenance awarded to the appellant was reduced from 20,000/- to 7,500/- per month, merely noticing that earlier, the respondent was in business ..... child/children or any other dependent family member is suffering from life-threatening diseases, which would entail expensive and regular ..... in foreign currency of such applicant/spouse, duly supported by relevant documentation of employment and income from such foreign employer or overseas institution by way of employment letter or testimonial from foreign employer or overseas institution or latest relevant bank statement.3. ..... at the same time, the respondent husband cannot be absolved from his liability and responsibility to maintain his son pranav till he ..... i understand that any false statement in this affidavit, apart from being contempt of court, may constitute an offence under section 199 read with sections 191 and 193 of the indian penal code punishable with imprisonment up to seven years and 13 .....

Vimalben Ajitbhai Patel Vs. Vatslabeen Ashokbhai Patel and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2675; 2008(5)ALD99(SC); 2008(2)AWC1636(SC); 2008(5)BomCR441; (2009)1GLR200(SC); [2008(3)JCR14(SC)]; JT2008(3)SC530; RLW2008(4)SC3440; 2008(4)SCALE601; (2008)4SCC64; 2008AIRSCW4475; AIR2008SC2675; 2008(4)SCC649; 2008(3)CivilLJ798; 2008(3)AICLR9; 2008(2)Supreme413; 2008(5)LH(SC)3092

..... the provisions of the domestic violence act this court in s.r ..... the domestic violence act provides for a higher right in favour of ..... are the nature and gravity of the circumstances in which the offence is committed; the position and the status of the accused with reference to the victim and the witnesses; the likelihood, of the accused fleeing from justice; of repeating the offence; of jeopardising his own life being faced with a grim prospect of possible conviction in the case; of tampering with witnesses; the history of the case as well as of its investigation ..... owing to her disability founded on her status of perpetual or life long tutelage or dependence..this right of the wife to maintenance from her husband is not lost even if the husband renounce hinduism.this right subsists even after the husband's death although her husband's right as distinguished from hers may pass by survivorship or by succession to sons or even to collaterals; these simply step into the position of her husband, and she is required by hindu law ..... order was passed, purported to be on the premise, that the 3rd respondent had placed reliance on an order dated 13th may, 2005 passed by another bench of the high court in first appeal no. ..... 1792 of 2005, was filed by the 1st respondent and a division bench of the high court directed that the amount of rent deposited by him with the mamlatder be deposited in the high court and the 3rd respondent ..... judge of the high court by an order dated 5th april, 2005 directed:8. .....

Commissioner of Income Tax, Coimbatore Vs. Lakshmi Machine Works

Court : Supreme Court of India

Reported in : AIR2007SC2385; (2007)210CTR(SC)1; [2007]290ITR667(SC); JT2007(6)SC236; 2007(6)SCALE168

..... of this sub-section,-(a) 'adjusted export turnover' means the export turnover as reduced by the export turnover in respect of trading goods ;(b) 'adjusted profits of the business' means the profits of the business as reduced by the profits derived from the business of export out of india of trading goods as computed in the manner provided in clause (b) of sub-section (3) ;(c) 'adjusted total turnover' means the total turnover of the business as reduced by the export turnover in respect of ..... of any goods or merchandise to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of the [profits] derived by the assessee from the export of such goods or merchandise:provided that if the assessee, being a holder of an export house certificate or a trading house certificate (hereafter in this section referred to as an export house or a trading house, as the case may be,) issues ..... in the case of combined business of an assessee having export business and domestic business the legislature intended to have a formula to ascertain export profits by apportioning the total business profits on the basis of ..... a brief analysis of the above section 80hhc of the act, as amended with effect from 1.4.1992, indicates rationalization of provisions relating to tax concession for export ..... 4409 of 2005, the above proposition has been accepted by the ..... no.4409 of 2005 are mentioned hereinbelow .....

Tilak Raj Vs. State of Himachal Pradesh

Court : Supreme Court of India

..... the time of incident and in number of cases she was appointed as protection officer under the protection of women from domestic violence act, 2005. ..... his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. ..... any person shall retain any property; or (b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and (iii) in cases covered by (ii)(b), the act or omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property. ..... person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat . ..... a careful reading of evidence on record clearly shows that there is no evidence against the appellant from which it can be conclusively inferred by this court that there was any fraudulent or dishonest inducement of the prosecutrix by the appellant to .....

Deepti Bhandari Vs. NitIn Bhandari and anr.

Court : Supreme Court of India

Reported in : 2012(1)SCC725; 2012(1)SCC(Cri)757; AIR2012SCW293,AIR2012SC326; 2012(2)KCCR35SN; 2012ALLMR(CRI)376; 2012(1)BCR(Cri)790

..... be mentioned that on 5th may, 2009, the petitioner filed a complaint against the respondent no.1 and his family members under the provisions of the protection of women from domestic violence act, 2005, hereinafter referred to as `pwd act') before the upper civil judge (a,b) and judicial magistrate serial no.18 jaipur city, jaipur, being criminal legal case no.13 of 2009. ..... as far as the difficulty expressed on behalf of the parents of the respondent no.1 is concerned, they will be free to apply to the trial court for exemption from personal appearance on the dates of the different cases and if such applications are made, the same should be considered by the trial court looking to the physical difficulties that may be faced by ..... which had been filed by the respondent no.1 under section 9 of the hindu marriage act and case no.65 of 2009, also filed by him under section 25 of the guardians and wards act, 1890, be transferred from the family court at jaipur to a family court of competent jurisdiction in delhi. ..... petitioner also filed transfer petition (civil) nos.856-857 of 2010 for transfer of case no.279 of 2009, which had been filed by the respondent no.1 under section 9 of the hindu marriage act and case no.65 of 2009 also filed by him under section 25 of the guardians and wards act, 1890, from the family court at jaipur to a family court of competent jurisdiction in delhi. ..... quashing of criminal legal case no.13 of 2009 filed by the petitioner under section 12 of the pwd act, 2005. .....

Nandakumar Vs. The State of Kerala

Court : Supreme Court of India

..... be out of place to mention that live-in relationship is now recognized by the legislature itself which has found its place under the provisions of the protection of women from domestic violence act, 2005. ..... specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, the 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or (d) that the respondent was at the time ..... such a 4 criminal appeal no.597 of2018marriage is not a void marriage under the hindu marriage act, 1955, and as per the provisions of section 12, which can be attracted in such a case, at the most, the marriage would be ..... -(1) any marriage solemnised, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- that the marriage is in contravention of the that the marriage has not been consummated 1(a) owing to the impotence of the respondent; ..... the high court also remarked that apart from the photographs of marriage which were produced in the high court, there was no evidence to show that a valid marriage was solemnised between the parties and that a certificate issued by the local .....

Ankita Bhati Vs. Dev Raj Singh Bhati

Court : Supreme Court of India

..... apart from that, there is a complaint filed by her under the protection of women from domestic violence act, 2005 which is also pending in the court of the judicial magistrate at solan. ..... criminal case which is fixed in the other matters pending in the courts at solan, himachal pradesh; and (iv) on a formal application being made by the respondent-husband, the transferee court will grant exemption to the respondent-husband from personal appearance, subject to the condition that whenever the said court passes an order requiring his personal presence, he shall personally remain present in the court. ..........................j. ..... moreover, in a criminal case arising out of matrimonial dispute, the court can always grant exemption from personal appearance to the accused and his presence transfer petition (c)no.1770/2021 4/7 can be procured only when it is absolutely necessary. ..... the wife transfer petition (c)no.1770/2021 1/7 has filed a maintenance petition under section 18 of the hindu adoption and maintenance act, 1956 which is pending before the additional district judge at solan, himachal pradesh. ..... this court noticed that that apart from the husband, there were other accused in the case which were not made parties to the transfer petition. ..... in exceptional cases where the facts are glaring, a departure can be made from this normal rule.7. .....

Kiran Jyot Maini Vs. Anish Pramod Patel

Court : Supreme Court of India

..... application no.4622 of 2016 under section 12 of the protection of women from domestic violence act, 20053 before judicial magistrate, gautam budh nagar, wherein an application seeking interim maintenance had also been filed by her under section 23 of the pwdv act. ..... therefore, we are of the opinion that while the interest of the appellant-wife to be compensated needs to be protected through a one-time settlement, this is a fit case to exercise the discretionary powers vested in this court under article 142 of the constitution of india and to dissolve the marriage ..... also apparent from the record that complaint for cruelty, hurt, and dowry demand against the respondent was registered by the appellant within the first 11 months of their marriage followed by an application seeking protection under section 12 of pwdv act filed by ..... respondent has vehemently contested this and has impressed upon his submission that the daughter is appellant s child from her previous marriage and she had received rs.40 lakhs as permanent alimony in that case towards the maintenance of the ..... by the respondent, the proceedings in application no.4622 of 2016 under section 12 of pwdv act and criminal application no.41/2019 under section 31(1) of pwdv act were transferred to tis hazari courts, delhi vide order dated 13.08.2021 passed by this court ..... interim maintenance is now closed with the dissolution of the marriage, the interest of the wife still needs to be protected so that she does not suffer financially. .....

Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari and ...

Court : Supreme Court of India

..... remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society the protection of women from domestic violence bill was introduced in the parliament. ..... to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting the communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. 14 ..... sub-section (2) of section 23 is a special provision carved out in this behalf which is as follows: (2).if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may ..... in the instant case is whether a court dealing with the petition/complaint filed under the provisions of the domestic violence act, 2005 (hereinafter referred to as 'the dv act') has power to allow amendment to the petition/complaint originally filed. .....