Court : Karnataka
..... 2) whether a married lady who is neglected by her husband even before the coming into force for the protection of women from domestic violence act, 2005, is entitled to seek maintenance under the provisions of the protection of women from domestic violence act? ..... the protection of women from domestic violence act, 2005, is enacted to provide for an effective protection of the rights of women guaranteed under the constitution of india who are victims of domestic violence and other matters incidental thereto. ..... petition had been filed under sections 9(b) and 37(2)(c) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the d.v. ..... the relevant discussion is found in paragraph 12 of the judgment and the same is reproduced below: the protection of women of from domestic violence act came into force on 26.10.2006 vide so 1776(e) dated 17.10.2006. ..... protection under the act becomes available to the wife-applicant who was driven out from her husband's shared household prior to coming into effect of the act of 2005, but if the deprivation continued even after the act came into force. ..... the act was brought ion to force to provide for more effective protection to the rights of women guaranteed under the constitution of india who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. .....
Tag this Judgment!Court : Karnataka
..... in the judgment of the first appellate court so as to invoke the revisional jurisdiction vested in this court under section 397, cr.p.c.?.2) whether a married lady who is neglected by her husband even before the coming into force fo the protection of women from domestic violence act, 2005, is entitled to seek maintenance under the provisions of the protection of women from domestic violence act?.3) whether the quantum of maintenance awarded by the first appellate court requires any interference and if so, to what extent?. ..... the protection of women from domestic violence act, 2005, is enacted to provide for an effective protection of the rights of women guaranteed under the constitution of india who are victims of domestic violence and other matters incidental thereto. ..... petition had been filed under sections 9(b) and 37(2)(c) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the d.v.act, for brevity). ..... the relevant discussion is found in 29 paragraph 12 of the judgment and the same is reproduced below: the protection of women of from domestic violence act came into force on 26.10.2006 vide so1776e) dated 17.10.2006. ..... protection under the act becomes available to the wife-applicant who was driven out from her husband s shared household prior to coming into effect of the act of 2005, but if the deprivation continued even after the act came into force. .....
Tag this Judgment!Court : Delhi
..... defendant no.2 has also filed a case under the provisions of protection of women from domestic violence act, 2005 against the plaintiff and her husband. ..... it is further stated that the present suit is barred under section 26 of the protection of women from domestic violence act, 2005. ..... reliance is also placed on the order of sh.rakesh kumar yadav, jmic, sonepat dated 03.05.2012 in an application filed by defendant no.2 under section 12 of the protection of women from domestic violence act, 2005. ..... similarly, the concerned court dealing with her application under section 12 of the protection of women from domestic violence act has concluded that in view of the fact that defendant no.2 is employed in the office of additional district and sessions judge, sonepat she could not have left station without prior ..... , 2012 (193) dlt 22.it is contended by the learned counsel that under the protection of women from domestic violence act, defendant no.2 has no right to reside in the suit property in which her husband has no right, title or ..... next issue raised by defendant no.2 is her rights under the protection of women from domestic violence act (hereinafter referred to as domestic violence act ). ..... the provisions of the protection of women from domestic violence act do not cover the property owned by the mother-in-law as in the present ..... view of the above legal position, the contention of defendant no.2 regarding her rights under the protection of women from domestic violence act cannot be accepted. .....
Tag this Judgment!Court : Supreme Court of India
..... in view of the such continued domestic violence, it is not necessary for the courts below to decide whether the domestic violence is committed prior to the coming into force of the protection of women from domestic violence act, 2005 and whether such act falls within the definition of the term domestic violence as defined under section 3 of the pwd act, 2005.14. ..... the primary question that arises for consideration is whether acts committed prior to the coming into force of the protection of women from domestic violence act, 2005 and which fall within the definition of the term domestic violence as informed in the act could form the basis of an action. 9. ..... no.2421 of 2008 before learned xiii metropolitan magistrate, egmore, chennai against the respondent seeking relief under section 19, 20 and 22 of the protection of women from domestic violence act, 2005 (hereinafter referred to as, the pwd act, 2005 ). ..... parties, 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 : Supreme Court of India
..... suffice it to say, it is different from an offence committed under section 498-a or any violation of the protection of women from domestic violence act, 2005 or, for that matter, the protection conceived of under section 125 of the code of criminal procedure 52 or sections 306 or ..... in the protection of women from domestic violence act, 2005. ..... concerning inheritance and in the protection against domestic violence. ..... to underscore that this judgment does not question the authority and even the duty of the state to protect the fundamental rights of women from being trampled upon in unequal societal structures. ..... the exemption granted to women from criminal sanctions as a special provision for the benefit of women and thus, protected under article 15(3) of ..... balance between the competing interests of protecting privacy as well dignity of women in the domestic sphere, the court held: the challenge in this area is to enable the state to take the violation of the dignity of women in the domestic sphere seriously while at the same time protecting the privacy entitlements of women grounded in the identity of gender ..... broader issues such as whether (i) the punishment for adultery violates article 21; (ii) the statutory provision suffers from manifest arbitrariness; (iii) the legislature has, while ostensibly protecting the sanctity of marriage, invaded the dignity of women; and (iv) section 497 violates article 15(1) by enforcing gender stereotypes were neither addressed before this court nor .....
Tag this Judgment!Court : Karnataka
..... section 29 of the protection of women from domestic violence act, 2005 relates to preferring an appeal against the order passed by the magistrate as the appeal would lie within 30 days from the date of the order. ..... the interpretation given to the domestic relationship relating to the petitioner as well as the first respondent late manmohan attavar in the instant case, has not been established by the petitioner for seeking the relief under the provisions of the protection of women from domestic violence act, 2005. :36. ..... hence, by way of this petition she seeks protection order under section 18, residence under section 19, to pay monetary relief under section 20 and to grant compensation or damages under section 22 of the protection of women from domestic violence act, 2005.6. ..... the following orders be passed under protection of women from domestic violence act2005 sec.17: right to reside in a shared household. ..... the petitioner in person has taken various contentions in this revision petition, against the order passed by the appellate court relating to the petition filed by her seeking relief under the domestic violence act, 2005. ..... having framed the said points and appreciating the oral and documentary evidence produced by the parties and referring to the provisions of domestic violence act, hindu marriage act and special marriage act as well as various decisions relied by the parties, the court below answered all the four points in the negative and ultimately dismissed the application .....
Tag this Judgment!Court : Delhi
..... crl.rev.p.494/2015 page 1 of 8 harvinder kaur whereby the learned special judge has dismissed an appeal filed by the present petitioner under section 29 of the protection of women from domestic violence act, 2005 against the order dated 23.01.2015 passed by learned metropolitan magistrate-01, central district, tis hazari courts, delhi in cc. ..... subsequently, the respondent/complainant filed an application under section 12 of the protection of women from domestic violence act, 2005 against the petitioner herein-sukhjinder singh saini (husband of the respondent/complainant), jaswinder kaur (mother-in law of respondent/complainant) and varinder kaur (sister in law of the respondent/complainant) along with an application under section 23 (2) of the dv act in the court of learned chief metropolitan magistrate, tis hazari courts, delhi in complaint case no.106/6/14.4. ..... aggrieved from the aforesaid order dated 23.01.2015 the petitioner preferred an appeal under section 29 of the protection of women from domestic violence act, 2005 before the learned sessions court and the learned special judge, cbi-03 (pc act), delhi vide order dated 07.05.2015 dismissed the appeal of the petitioner, i.e. ca no.04/15. ..... it is an admitted fact coming on record that the main application under section 12 of the protection of women from domestic violence act, 2005 is pending before the trial court. .....
Tag this Judgment!Court : Delhi
..... subsequently, on 17.07.2012 the respondent filed a petition under section 12 read with sections 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 against the petitioner, father-in-law and mother-in-law, along with an application for interim maintenance under section 23 of dv act in the court of chief metropolitan magistrate, saket courts, new delhi.5. ..... the object of the protection of women from domestic violence act, 2005 is to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.15. ..... the monetary relief as provided under the protection of women from domestic violence act, 2005 is different from maintenance, which can be in addition to an order of maintenance under section 125 cr.p.c. ..... savita bhanot; (2012) 3 scc183 has observed that the conduct of the parties even prior to the coming into force of the protection of women from domestic violence act, 2005 could be taken into consideration while passing an order under sections 18, 19 and 20 of dv act thereof. ..... the brief facts stated are that, a petition under section 12 of the protection of women from domestic violence act, 2005 was filed crl.m.c. .....
Tag this Judgment!Court : Supreme Court of India
..... sections 28 and 32 of the protection of women from domestic violence act, 2005 r/w rule 15(6) of the protection of women from domestic violence rules 2006, makes the provisions of criminal procedure code applicable. ..... the present proceedings arise out of an application preferred by the appellant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act ), which was numbered as d.v.c. ..... submissions made by shri ranjit kumar on the issue of limitation, in view of the provisions of section 468 crpc, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... it has been held in inderjit singh grewal21 that section 468 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. ..... in the 2005 act, the definition of aggrieved person clearly postulates about the status of any woman who has been subjected to domestic violence as defined under section 3 of the said act. .....
Tag this Judgment!Court : Delhi
..... attention of this court was also drawn to sub-rule (5) of rule 6 of the protection of women from domestic violence act, 2006 which mandates that application under section 12 of the protection of women from domestic violence act, 2005 shall be dealt with in the same manner as laid down in section 125 of the code ..... of hearing, attention of this court was drawn to various interim orders passed by different benches of this court whereby statutory appeal under section 29 of the protection of women from domestic violence act, 2005 have been directed to be heard upon deposit of 50% of the maintenance amount. ..... the provisions of maintenance under the protection of women from domestic violence act, 2005 and this special enactment has been brought to protect the women and children from neglect. ..... bound directions have been issued to the appellate court to hear the appeal under section 29 of the protection of women from domestic violence act, 2005 on merits without any pre-condition. ..... (oral) % impugned order of 18th december, 2012 entertained petitioner s appeal under section 29 of the protection of women from domestic violence act, 2005 subject to deposit of arrears of maintenance, as granted by the trial court while permitting petitioner to deduct the amount of `92,000/- from the amount due. ..... impugned order of 18th december, 2012 is on the ground that no pre- condition can be imposed for hearing a statutory appeal under section 29 of the protection of women from domestic violence act, 2005. .....
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