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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Chennai
..... pointed out that in s.t.c.no.1777 of 2009, the respondents (wife and children) as petitioners have filed a petition/application under section 12 of the protection of women from domestic violence act, 2005 seeking the following reliefs as against the revision petitioner/husband: i].protection order under section - 18 i)prohibiting the respondent from committing any act of domestic violence against the petitioner; ii)prohibiting the respondent from committing any act of domestic violence against the parents and brother of the petitioner including filing false complaint against them by utilizing the cheques belong to ..... learned counsel for the petitioner takes a stand that even as per proviso to section 12 of protection of women from domestic violence act, 2005, before passing any order on such application, the magistrate shall take into account any domestic incident report received by him from the protection officer or the service provider and also no such report received either from the protection officer or service provider and also no conclusion was arrived at as to whether it was satisfied that the petitioner committed any domestic violence against the respondents or not ..... . the 1st respondent/wife in her cr.m.p.no.47 of 2012 (filed under section 23 of the protection of women from domestic violence act, 2005) has, inter alia, stated that she has no independent source of income sufficient to support herself and her two minor sons and to bear the necessary expenses of the legal proceeding .....
Tag this Judgment!Court : Delhi
..... paramount, it is, to consider the gamut and the scope of the act, namely the protection of women from domestic violence act, 2005; certain excerpts from the objects and reasons are of immense importance which would run thus: 2 ..... in this context, it may be noted that protection of women from domestic violence act, 2005 was enacted by the parliament keeping in view that phenomenon of domestic violence which is widely prevalent has remained largely invisible in the public domain and even though there is a specific offence under section 498-a of the indian penal code dealing with cruelty by husband and relatives, there is no ..... therefore, this court will hold that the courts while dealing with proceedings under section 12 of the protection of women from domestic violence act, 2005 shall abide by the provisions of cr.p.c. ..... act the protection of women from domestic violence act, 2005 was enacted on 13th september, 2005 and came into force on 26th october, 2006 ..... first question to be determined is whether an application under section 26 of the protection of women from domestic violence act, 2005 (for short, d.v. ..... following questions arise in the present petition: (i) whether an application under section 26 of the protection of women from domestic violence act, 2005 (for short, d.v. ..... is the nature of proceedings under section 26 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v. ..... portions of the protection of women from domestic violence act, 2005 7.1. .....
Tag this Judgment!Court : Supreme Court of India
..... with the aforesaid averments, the aggrieved person approached the court of the special judicial magistrate under section 12 and sought protection orders, residence orders and compensation orders to be passed under various provisions of the protection of women from domestic violence act, 2005 (for short, the d.v. ..... learned amicus curiae for the appellant-aggrieved person referred to rule 5 of the protection of women from domestic violence rules, 2006 (for short, the d.v. ..... act has been enacted to protect a woman from domestic violence and there cannot be any fetter which can come in the way by interpreting the provisions in a manner to mean that unless the domestic relationship continues on the date of the application, the provisions of the d.v ..... act is to protect a woman from domestic violence, the salutary object of sub-section (1) of section 17 is to confer a right on every woman in a domestic relationship to have the right to reside in a shared household ..... whether the consideration of domestic incidence report is mandatory before initiating the proceedings under domestic violence act, 2005 in order to invoke substantive provisions of sections 18 to 20 and 22 of the said act?. ..... act is a piece of civil code which is applicable to every woman in india irrespective of her religious affiliation and/or social background for a more effective protection of her rights guaranteed under the constitution and in order to protect women victims of domestic violence occurring in a domestic .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Karnataka
..... 1st respondent is before this court seeking a direction to dispose of applications dated 15.10.2018 filed by her in c.misc.no.170 of 2018 before the ii metropolitan magistrate traffic court at bangalore under sections 12, 19(1)(e) & (f), 20 & 22, 20 & 23(2) and 23(2) of the protection of women from domestic violence act, 2005 ( the act for short) within the time frame.2. brief facts that lead the petitioner to this court in the subject petition, as borne ..... the honble ii metropolitan magistrate traffic court at bangalore in c.misc.170/2018 to dispose of the applications filed by the petitioner dtd1510.2018 u/s12 19(1)(e) and (f), 20 and22 20 and232), 23(2) of the protection of women from domestic violence act, 2005 at annexure nos.b, c, d, e and f within a stipulated period of time. ..... protection of women 7 from domestic violence act, 2005 beginning from the genesis of the ..... is directed to circulate this order to all the concerned courts handling cases arising out of the protection of women from domestic violence act, 2005 ..... provide a 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 parliament ..... and reasons themselves indicate that it is for the rights of women in securing them various benefits mentioned therein and also protect them from domestic violence, the magistrate has to pass appropriate orders in favour of .....
Tag this Judgment!Court : Karnataka
..... now coming to the pivotal question whether this court can exercise jurisdiction under section 482 of code of criminal procedure, to set at naught the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005, it is apposite to refer the judgment of hon'ble apex court in the case of state of haryana referred supra, where it was held that the court exercising jurisdiction is not shorn of the power under articles 226 ..... when the court is confronted with a false case or a case which does not constitute domestic violence as defined under the protection of women from domestic violence act 2005, the same cannot continue, as that would result in nuisance and harassment of the petitioner. ..... calling in question the entire proceedings before the concerned 46 court initiated under the protection of women from domestic violence act, 2005 would be maintainable, only if the proceedings are challenged on the ground of abuse of the process of the law, as the court of session is not empowered to obliterate the proceedings holding it to be an abuse of the process of the ..... is contended that the hon'ble apex court in the case of kamatchi supra held that under section 482 of code of criminal procedure, the high court cannot exercise jurisdiction to quash the proceedings under section 12 of protection of women from domestic violence act 2005, in the instant case, the proceedings before the trial court has moved on from the stage of issuing notice. .....
Tag this Judgment!Court : Delhi
..... the respondent no.4 has instituted proceedings in the court of metropolitan magistrate (mahila court south), new delhi under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act). ..... it is, therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution of india to provide for a remedy under civil law, which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society."8. ..... since invoking criminal machinery under section 498a ipc has serious ramifications, need was felt to have civil law on domestic violence inasmuch as there was no law enabling the court to give protection order to give monetary relief in case women go to court complaining violence. ..... the united nations committee convention on elimination of all forms of discrimination against women (cedaw) has recommended that states should act to protect women against violence of any kind, especially that occurring within the family. ..... xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occurring within the family. .....
Tag this Judgment!Court : Delhi
..... the petitioner invokes inherent powers of this court under section 482 of the code of criminal procedure(code) for setting aside of the order dated 24.12.2010 whereby a complaint under section 29 of the protection of women from domestic violence act 2005(d.v. ..... son, daughter, daughter-inlaw, son-in-law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under protection of women from domestic violence act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. ..... a family member leaves the shared household to establish his own household, and actually establishes his own household, he cannot claim to have a right to move an application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... is with this in mind, the new protection of women from domestic violence act was passed.8. ..... the object of the domestic violence act, 2005 is to provide for effective protection of the rights guaranteed under the constitution, of women, who are victims of violence of any kind occurring within the ..... aggrieved person's right is invaded or destroyed or likely to be destroyed, the domestic violence act, 2005 gives a remedy by interdict to protect it or damages for its loss, etc. ..28. ..... the domestic violence act, 2005 provides for comprehensive and speedy relief within a set time .....
Tag this Judgment!