Court : Karnataka
..... an application under section 12 of the protection of women from domestic violence act, 2005 (in 4 short act 2005) before the court of the addl. ..... bengaluru has jurisdiction to try and to decide the application filed by the respondent herein under section 12 of the protection of women from domestic violence act, 2005.12. ..... the protection of women from the domestic violence act, 2005 is a special act providing more effective protection of the rights of women, who are victims of violence of any kind occurring within the family and for matters connected ..... learned magistrate reads as under ; the honble chief metropolitan magistrate, bengaluru by special notification dated 03.06.2015, allotted jurisdiction to all metropolitan traffic courts as per the annexure of the said notification and from then, the petitions were directed to be filed 14 before the mmtcs, prior to this notification, it is the cmm court which used to allot the petition under the protection of women from the domestic violence act, 2005 to the mmtcs. ..... 2010 scconline del2977, the 17 high court of delhi while dealing with section 27 of the act 2005, has observed thus: para 8 from different provisions of this act, it is apparent that the scheme of the act provides that protection officer, service provider and police to help the aggrieved person in not only approaching the court for redressal but to ensure that the domestic violence is not further perpetuated and an aggrieved person gets shelter either in the shelter home or .....
Tag this Judgment!Court : Delhi
..... in order to understand the scope of shared household and the rights of a wife therein under the protection of women from domestic violence act, 2005, as intended by the legislature, the division bench surveyed the policy underlying the protection of women from domestic violence act, 2005 and opined that the act was a social welfare legislation enacted for the benefit of women, keeping in view societal conditions whereby most married families in india, regardless of their religion or community, continued to live in premises owned by their parents. ..... taruna batra, the learned single judge of this court, vide order dated march 21, 2014 held that the property at b-44, vishal enclave was not shared household under section 2(s) of the protection of women from domestic violence act, 2005; that surender kaur was the sole owner of the property and as a consequence, navneet kaur, being the daughter-in-law of surender kaur, would have no right to stay in the property owned by her mother-in-law.9. ..... the division bench held that in light of the judgment of the supreme court in taruna batra s case (supra) a wife could claim a right of residence under section 2(s) of the protection of women from domestic violence act, 2005 in the premises where she stayed along with her husband as a joint family with the owners of the premises, regardless of whether she or the husband had any right, title or interest in the shared household . .....
Tag this Judgment!Court : Delhi
..... rajesh dinanath tiwari in writ petition no.10696/2017, it being apparent through the pleadings on the record that the premises in suit do not fall within the category of a shared household in terms of section 2 (s) of the protection of women from domestic violence act, 2005, the substantial questions of law sought to be urged by the appellant as referred to in para 18 hereinabove do not arise for consideration in the instant case in as much as the rights of the appellant cm (m) 1582/2018 page 28 of 40 and her daughter to live in ..... the protection of women from domestic violence act, 2005 (hereinafter dv act ) and the maintenance and welfare of parents and senior citizens act, 2007 (hereinafter psc act ).2. ..... the circumstances her right to residence in the suit property cannot be denied, and as regards issues of title, we have already observed that the right of residence under the protection of women from domestic violence act, 2005, the same would have no bearing. ..... the protection of women from domestic violence act, 2005 gives statutory recognition to the salutary principle that was sought to be advanced through judge made laws in the vacuum of legislative cm (m) 1582/2018 page 19 of 40 ideological ..... spouse and the plaintiff/ respondent no.1, she cannot be deprived of her rights to reside in the premises in suit which form her matrimonial home and fall within the category of "shared household" in terms of section 2 (s) of the protection of women from domestic violence act, 2005.20. .....
Tag this Judgment!Court : Delhi
..... the protection of women from domestic violence act, 2005, would come into play only when domestic violence takes ..... so holding had virtually dismissed the suit itself without recording any satisfaction on the facts, it would be necessary for us to consider the decisions cited at the bar as also the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said ..... 2008) 106 drj 623 by way of persuasive value to submit that under the protection of women from domestic violence act, 2005, there is no concept of matrimonial home. ..... 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. ..... the magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other .....
Tag this Judgment!Court : Karnataka
..... submission of learned counsel for the respondent is that, as the protection of women from domestic violence act, 2005 has been enacted to protect the women being the victims of domestic violence, it is therefore contended that the reference to the statement of objects and reasons that the provisions contained in sub-section (3) of section 29 will be applicable even to the domestic violence act and it is not restricted only to the law relating to marriage and divorce. 14. ..... whether sub-section (3) of section 29 of the limitation act, 1963 operates as a bar for filing the application under section 5 of the said act before the lower appellate court in respect of the proceedings under the protection of women from domestic violence act, 2005, (domestic violence act, 2005 for short) is the question that has arisen in this petition. 2. ..... the provisions contained in the protection of women from domestic violence act, 2005 do not expressly exclude the application of sections 4 to 24 of the limitation act. ..... what is contemplated therefore is in respect of the law relating to marriage and law relating to divorce and there is no scope for reading into sub-section (3) and the provisions relating to protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Delhi
..... that her husband has not secured the same level of alternative accommodation for the judgment debtor as is being enjoyed by her in the matrimonial home in terms of section 19(f) of the protection of women from domestic violence act, 2005 and until such an accommodation is made available commensurate to the status of the wife any order passed by this court in the present execution case seeking eviction of the judgment debtor ..... counsel thus submitted that unless the judgment debtor is provided with an alternative accommodation under section 19(f) of the protection of women from domestic violence act, 2005 the judgment debtor is certainly entitled to occupy the suit premises and she cannot be thrown out of the same till such time alternative accommodation commensurate ..... counsel further submitted that the case filed by the judgment debtor under the protection of women from domestic violence act, 2005 is still pending consideration and pending final decision in the said case, the judgment debtor cannot be thrown out from the suit premises, that too pursuant to the said two orders dated 20.12.2010 and 29.4.2011, which cannot be executed having no ..... law, on the other hand, had filed a complaint under section 12 of the protection of women from domestic violence act, 2005 on 17th march, 2010 besides taking steps to file the said civil suit to claim decree of maintenance under the hindu adoption and maintenance act and one of the prime reliefs being sought by her is to declare the ground .....
Tag this Judgment!Court : Chennai
..... m.megala reported in 2011 (1) ctc 841 protection of women from domestic violence act, 2005 (43 of 2005), section 2(q) expression "respondent" occurring in section 2(q) would include second wife married by husband expression 'relative' should be given normal meaning in common parlance women who married husband of petitioner is certainly relative of such husband complaint maintainable ..... naik reported in 2010 cri.l.j.751 "protection of women from domestic violence act (43 of 2005), ss.2(q), 12, 19 - domestic violence relatives of husband or male partner referred to in provisio to s.2(q) cannot be only male relatives but can be female relatives also hence female relatives can also be respondents in application under section 12 filed by wife or female covered by ..... priyanka khanna & ors reported in 2010 (119) drj 182 "protection of women from domestic violence act, 2005 section 20 excessive maintenance no concrete proof of high status and vast property of husband mere allegations made by the wife that husband was a man of status and had vast movable and immovable properties ..... air 2009 delhi 72 "protection of women from domestic violence act (2005), s.17 civil p.c. ..... learned judge held that the respondent herein is entitled to relief sought for under sections 18, 19, 20 and 21 of the act as prayed for under the protection of women from domestic violence act. ..... had levelled a case against the revision petitioners under the protection of women from domestic violence act. .....
Tag this Judgment!Court : Chennai
..... revision petitioners and the respondent herein, partly allowed the appeal, by modifying the order dated 23.06.2011 passed by the xvii metropolitan magistrate, saidapet, in crl.m.p.no.1945 of 2010, for alternate accommodation under section 19 of the protection of women from domestic violence act, 2005 instead of the relief of shared household granted under section 17 of the said act and directed the appellants / revision petitioners to pay a sum of rs.15,000/- towards rent to the respondent herein with effect ..... learned judge had assigned the reason that alternate accommodation should be given as per section 19 of protection of women from domestic violence act, 2005, instead of the relief of the shared house hold granted under section 17 of the said act, and as such, the above order has been passed, which is sustainable under law.17. ..... the learned appellate judge ordered accommodation as per section 19 of protection of women from domestic violence act, 2005, which is not relevant in the instant case as even as per the contentions of the respondent, she is an illegitimate child of the first ..... and her mother have no legal right under any provision of the protection of women from domestic violence act, 2005, to live with the first revision petitioner. ..... counsel for the revision petitioners argued that the respondent cannot claim any relief for sharing the house along with the revision petitioners under the protection of women from domestic violence act, 2005, and rules made thereunder. .....
Tag this Judgment!Court : Supreme Court of India
..... we are, in this case, concerned with the question whether a live-in relationship would amount to a relationship in the nature of marriage falling within the definition of domestic relationship under section 2(f) of the protection of women from domestic violence act, 2005 (for short the dv act ) and the disruption of such a relationship by failure to maintain a women involved in such a relationship amounts to domestic violence within the meaning of section 3 of the dv act. ..... however, in order to provide a remedy in civil law for protection of women, from being victims of such relationship, and to prevent the occurrence of domestic violence in the society, first time in india, the dv act has been enacted to cover the couple having relationship in the nature of marriage, persons related by consanguinity, marriages etc ..... act has been enacted to provide a remedy in civil law for protection of women from being victims of domestic violence and to prevent occurrence of domestic violence in the ..... , 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.3) the magistrate, while disposing of an application under section 12(1) of the .....
Tag this Judgment!Court : Delhi
..... in view of the submissions made by the learned counsel and after perusing the material available on record, the issues that fall for consideration before this court are1) whether section 27(1) of the protection of women from domestic violence act 2005, is unconstitutional?.2) whether the court at delhi has jurisdiction to entertain the complaint filed by the 2nd respondent?.7. ..... in the present writ petition, the petitioner, who is the father-in-law of the 2nd respondent, has approached this court seeking two reliefs- one is to declare section 27(1) of the protection of women from domestic violence act, 2005 (for short the dv act ), as ultra vires article 21 of the constitution of india, and secondly to quash the proceedings under section 12 of the d.v.act, in complaint no.22487/2008 pending in the court of shri sanjeev kumar m.m. ..... the parliament felt it appropriate to have a separate enactment to address the issues arising out of domestic violence and enacted the protection of women from domestic violence act, 2005.11. ..... as the criminal law does not however address this phenomenon in its entirety, the protection of women from domestic violence act 2005 has been enacted under the act. ..... when we look at the provisions of the act, it is crystal clear that the legislation is a beneficial legislation intended to cater the needs of women who are subjected to domestic violence. ..... the whole purport of the act is to safeguard the women from the gender based violence.13. .....
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