Court : Karnataka
..... petitioner is the accused in c.c.no.327/2012 and the trial court has issued process against the accused for offences punishable under section 31 of protection of women from domestic violence act, 2005 (for short act herein afterwards). ..... no.115/2009 on 01.03.2010, the learned judge has passed the following order:- the petition filed by the petitioners no.1 and 2 under section 12 of the protection of women from domestic violence act, 2005 is hereby allowed. ..... the short point that arises for consideration by this court is as under:- whether penal provision found in section 31 of protection ofvwomen from domestic violence act, 2005 could be invoked for non-payment of arrears of maintenance?. 6. ..... rule 15 of the protection of women from domestic violence rules, 2006 deals about the breach of protection order. ..... , in c.c.no.327/2012 dismissing the discharge application filed by the petitioenr for the offence p/u/s31of the protection of women against the domestic violence act and discharge the petitioern of the said offence. ..... 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. 9 8. .....
Tag this Judgment!Court : Delhi
..... however, under the protection of women from domestic violence act, 2005, aggrieved person and domestic relationship are defined as:-" section 2(a) aggrieved person means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; section 2(f) domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are ..... such son, daughter, daughter-in-law, 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. ..... 378/2019 page 7 of 9 application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... the respondent preferred a complaint under section 12 of the prevention of women from domestic violence act against her husband and his family members including the petitioner alleging by husband and his family members including the petitioner on false and concocted facts. .....
Tag this Judgment!Court : Delhi
..... the magistrate (hereafter called trial court) issued notice to the petitioner on a complaint under section 12 of the protection of women from domestic violence act, 2005 (in short d.v. ..... this judgment answers a reference to this division bench, requiring resolution of a conflict between the decision of two learned single judges of this court on the question whether a magistrate can act straightaway on a complaint made by an aggrieved person, under the protection of woman from domestic violence act, 2005 (hereafter the act). ..... reference was also made to rules 4, 5, 6, 8 and 9 of the protection of women from domestic violence rules, 2006 (in short the rules). 5. ..... the protection orders, which the magistrate may pass under section 18 of the act, is only on being prima facie satisfied that the domestic violence has taken place or is likely to take place. ..... if the magistrate were to be constrained from issuing orders, that are plainly permissible under the act, on the basis of prima facie appreciation of evidence, the remedy would be defeated, and the victim would be subjected to further domestic violence either in the form of deprivation of a home, or subjected to physical cruelty, or even deprived economic benefits, which rightfully belong to her, as per definition of domestic violence. .....
Tag this Judgment!Court : Delhi
..... the fact that none of the statutes which deal with the rights of a married woman in india, be it the hindu marriage act, 1955; the hindu succession act, 1956; the hindu adoption and maintenance act, 1956; the protection of women from domestic violence act, 2005 or the code criminal procedure, 1973 maintenance including residence for confer any right of the married woman as against the parents of the ..... also observed that the right of residence which a wife undoubtedly has does not mean her right to reside in a particular property although such a right in terms of section 17 of the protection of women from domestic violence act is a right to reside in a commensurate property.17. ..... domestic violence act, 2005 gives protection to the wife where the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member within the meaning of section 2(s) of the said act ..... the mother-in-law and there also the defence taken by the daughter-in-law was that the said property was a joint family property and therefore she enjoyed a protection under section 17(1) of domestic violence act, 2005. ..... in an accommodation which belongs to mother-in-law or the father-in-law as such an accommodation does not satisfy the test of share household accommodation as envisaged under section 2(s) of the domestic violence act, 2005.26. .....
Tag this Judgment!Court : Kerala
..... according to me, the above contention is untenable since the very same legislature which enacted act 25 of 1986, adopted the protection of women from domestic violence act, 2005, by passing the same in loksabha on 24/8/2005 and in rajyasabha on 29/8/2005 and thus came into effect on 26/10/2006. ..... it is clear that a divorced muslim woman is also not excluded from the purview of the protection of women from domestic violence act, 2005. ..... of 2013 :-5-: to me, whatever may be the proceedings adopted by the first petitioner to divorce his wife/the second respondent, who is the aggrieved person before the court below, are not ground to deny the privileges and protection given to a wife under the provisions of the protection of women from domestic violence act, 2005. ..... along with annexure-6 the aggrieved person has also filed annexure-i crl.m.c.no.2036 of 2013 :-4-: affidavit in support of the petition under section 23(2) of protection of women from domestic violence act, 2005. ..... day of august, 2013 order the petitioners are respondents in m.c.no.59 of 2013 pending before the judicial first class magistrate court-i, changanassery which is a proceedings instituted at the instance of the second respondent herein, under section 12 of the protection of women from domestic violence act, who is the alleged divorced wife of the first petitioner and the daughter-in-law of petitioners 2 and 3. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... filing the case there is stated to be based on the strength of section 27(1)(a) of the protection of women from domestic violence act, 2005. ..... has uncle residing at khamgaon, she appears to have gone there and filed the proceedings under the protection of women from domestic violence act, 2005. ..... filing the proceeding at khamgaon is the provision of section 27(1) (a) of the protection of women from domestic violence act, 2005. ..... jurisdiction is to be decided on the basis of section 27 (1)(a) of the protection of women from domestic violence act, 2005. ..... khamgaon under the protection of women from domestic violence act, 2005. ..... khamgaon, then she filed fir at under section 498a at jamner in september, 2012 (where it is submitted she was staying when she filed fir) and now she has filed proceedings under domestic violence act at khamgaon on 8th october, 2013. ..... documents, the counsel argued that the respondent is resident of neri digar and only with a view to harass the petitioner and his old parents, the proceedings under the domestic violence act are filed at khamgaon. 7. ..... , it is clear that the marriage took place at neri digar and the parties resided at neri digar and cause of action for which the domestic violence case has been filed also arose at neri digar. ..... incidents referred in the complainant did not take place at khamgaon, still, in view of this provision in favour of women, the respondent is entitled to maintain her complaint at khamgaon as she is temporarily residing there. .....
Tag this Judgment!Court : Delhi
..... aggrieved by the aforesaid order dated 27.04.2015 the petitioner filed an appeal under section 29 of the protection of women from domestic violence act, 2005, before the court of district & sessions judge, karkardooma courts, delhi.5. ..... 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. ..... the learned metropolitan magistrate vide order dated 27.04.2015 disposed of the application filed by the respondent no.1 under section 23 of the protection of women from domestic violence act, 2005 directing the petitioner to pay an amount of rs. ..... the respondent no.1 also filed an application under section 23 of the protection of women from domestic violence act, 2005 seeking interim maintenance.3. ..... however, the order passed by the learned metropolitan magistrate is an interim maintenance and the determination of the main maintenance application under section 12 of the protection of women from domestic violence act, 2005 is yet to be decided. ..... thereafter, the marital discord between the petitioner and the respondent no.1, led the respondent no.1 to seek recourse of law by invoking provisions of section 12 of the protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Supreme Court of India
..... strict standard of proof is not necessary.10 (e) protection of women from domestic violence act, 2005 ( d.v. ..... and the protection of women from domestic violence act, 2005 ( d.v. ..... monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of domestic violence and such relief may include, but is not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an ..... magistrate must be satisfied that the application filed by the aggrieved woman 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. ..... 22 provides that the magistrate may pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence perpetrated by the respondent. ..... aggrieved person has been defined by section 2(a) to mean any woman who is, or has been, in a domestic relationship with the respondent, and alleges to have been subjected to any act of domestic violence. ..... domestic violence has been defined in section 3 of the act, which includes economic abuse as defined in explanation 1 (iv) to section 3, as .....
Tag this Judgment!Court : Karnataka
..... of the revision petition are as under: wife filed an application in c.misc.no.3/2010 on the file of the principal civil judge and jmfc, doddaballapur under section 12 of the provisions of the protection of women from domestic violence act, 2005 [hereinafter referred to as dv act for short]..4. ..... protection of women from domestic violence act, 2005 ..... also pointed out that the act is meant for protecting the women from the domestic violence and without noticing the said aspect of the matter, the learned judge in the first appellate court granted the relief to the husband which is not at all permissible, having regard to the object and scope of the domestic violence act, and prayed for allowing ..... 15 scc755wherein it is ruled as under:"domestic violence act is enacted to provide a remedy in civil law for protection of woman, from being victims of such relationship and to prevent the occurrence of the domestic violence in the society. ..... worth to quote the judgment of bombay high court in the case of ishpal singh kahai vs.ramanjeettkahai reported in 2011 online bom 412 wherein bombay high court held that the object of the domestic violence act is to grant statutory protection to the victims of violence in the domestic sector who had no proprietary rights. ..... law were not sufficient enough to deal with the situations referred to supra, domestic violence act came into force on and from 13.09.2005. ..... protection order under section 18:- prohibiting acts of domestic violence to me and to my parents from .....
Tag this Judgment!Court : Delhi
..... under section 19, 20 or 22 of the protection of women from domestic violence act, 2005 therefore could have been granted to the respondent ..... the appellant claims that the petition under section 12 of the protection of women from domestic violence act was filed by the respondent by way of afterthought and as counter-blast to the divorce petition ..... in support, he has referred section 28 of the act and rule 6(5) of the protection of women from domestic violence rules, 2006 (hereinafter referred to as the "rules") and has submitted that the procedure for disposal of an application under ..... dated 13th february, 2015, the appeal filed by the petitioner under section 29 of the protection of women domestic violence act, 2005 (hereinafter referred to as the act ), was partly allowed and the maintenance fixed by the trial court at rs.2,50,000/- per month was reduced to rs.50,000/- per month by the petitioner to the respondent from the date of filing of the petition under section 12 of the act as the appellate court felt that this amount would be sufficient, reasonable and appropriate in view ..... 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. .....
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