Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Court: guwahati Page 1 of about 4 results (0.087 seconds)

Sri Maran Nama Vs. State of Tripura

Court : Guwahati

Reported in : 2010CriLJ1594

..... in the series is the enactment of the protection of women from domestic violence act, 2005 to protect and curb widely prevalent offences of domestic violence. ..... surveys conducted in india and the other countries show that more than 2/3rd women are subjected to domestic violence. ..... my considered opinion, the thought provocating observations made by the apex court in regard to an offence of sexual assault would be applicable with equal force for an offence of physical assault and domestic violence upon a woman. ..... case in hand, the prosecutrix was subjected to extreme form of domestic violence. ..... the rules of law and with an avowed intention to provide an atmosphere where the citizens can lead a dignified life and to protect them from any kind of discrimination, more particularly gender based discrimination, the indian penal code is being amended time to time. ..... 1983 can be said to be the beginning of a new era to protect weak and docile married women, who were subjected to cruelty and harassment by their husbands and relatives. ..... 1998 sc 1406 : 1998 cri lj 1905, the hon'ble supreme court has held that admission of guilt by an accused person is admissible evidence within the purview of section 21 of the evidence act and the said authority has been relied upon by this high court in the case of state of arunachal pradesh v. t. ..... my opinion, these provisions must have been introduced so that offenders of crime against women may not escape the rigour of law due to loose knots in the prosecution case .....

Mrs. Manju Lakra Vs. the State of Assam

Court : Guwahati

..... -appellant and the deceased, it becomes clear that the circumstances of the present case show that if not cruelty within the meaning of section 498a, the circumstances, prevailing in the family of accused, were nothing short of domestic violence as conceived under the protection of women from domestic violence act, 2005. 68. ..... wilson mizner, american playwright manju lakra, the appellant in the present appeal, is one of those indian housewives, who confront and suffer, day in and day out, unprovoked acts of domestic violence; but, on one occasion, the violence boomeranged and devoured the perpetrator, her husband, bhadra lakra. ..... although it was not clear from the results of the study precisely how many times a victim must go through this cycle before they might be classified as suffering from battered women syndrome, walker has since argued that once is sufficient for symptoms, characteristic of the syndrome, to appear and for the victim to fall into pattern of behaviour, she identified as indicative of learned helplessness . ..... to deprive an ordinary man of his power of self-control, it may, perhaps, not be a proper appreciation of plea of provocation if the immediate provocative conduct, preceding the causing of death, is taken into account excluding altogether the previous series of acts, which were, apart from being provocative, inextricably connected with the ultimate act of provocation leading to the causing of death. 88. .....

Md. Rajab Ali and Others Vs. Mustt. Manjula Khatoon, Nagaon

Court : Guwahati

..... section 12 of the protection of women from domestic violence act, 2005, for short, d.v. ..... rule 6 of the protection of women from domestic violence rules, 2006, for short, dv rules, lays down the ..... (c) the loss caused due to the 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, ..... for grant of monetary relief lays down that while disposing of an application under section 12 (1) of the dv act, the magistrate may direct the respondent to pay 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 the domestic violence and such relief may include, but is not limited to,- (a) the loss of earnings; (b) the medical expenses; ..... act was enacted, which is, to provide more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind as occurring within the family and for matters connected therewith or incidental thereto, the expression joint family occurring in definition of domestic relationship and shared household has to be given an interpretation which will be consistent with the object of the act for the .....

Smt. Ann Sarkar Vs. Anil Sarkar

Court : Guwahati

..... becoming indifferent to her and had no feelings for her; that he used to be very friendly with other women and had affairs with them, and she protested but to no effect; that when for sometime she went to her mother's house her husband used to take women and have sex with them; and that she objected but he fought with her and sometimes threw things at her ..... where thehusband deliberately accused the wife ofadulterous associations, but he thought thatsuch accusations were justified, the house of,lords ruled : 'the fact that the husband did not know that his acts were wrong did not itself constitute a defence to a suit for divorce on the ground of cruelty, and accordingly the appeal should be allowed. ..... threats of actual personal violence sometimes constitute cruelty and the court need not wait to act until such threats are ..... authorities to justify the proposition that a decree based on cruelty is a remedy given, not for a wrong inflicted, but solely as a protection for the victim. 11. ..... cruelty must be inferred from the whole facts and atmosphere disclosed by the evidence; (ii) actual intention to injure the other, spouse is an important, but not an essential factor; (iii) it is impossible to create categories of acts or conduct which do not amount to cruelty; (iv) sexual offences directly relevant to the husband's conjugal obligations may constitute ill treatment of the wife; (v) mental ill treatment may be coupled with physical ill treatment ..... in domestic relation it includes mental .....

Chanambam Menjor Singh Vs. Comdt./C.O. 61 Crpf and ors.

Court : Guwahati

..... courts should, therefore, while jealously protecting, the fundamental rights of those who are illegally detained or subjected to custodial violence, should also stand guard against false, motivated and frivolous claims in the interest of the society and to enable police to discharge their duties fearlessly and ..... secretary of state for home department (1991) 1 all er 720 (hl) observed that it is well settled that in construing any provision in domestic legislation which is ambiguous in the sense that it is capable of a meaning which either conforms to or conflicts with the internal law conventions, the court would presume that parliament intended to legislate in conformity with the conventions ..... disturbed by this situation, the law commission in its 113th report recommended amendment to the indian evidence act, 1872 so is to provide that in the prosecution of a police officer alleged offence of having caused bodily injuries to a person while in police custody, if there is evidence that the injury was caused during the period when ..... was also informed that the type writer machine belonging to all manipur women voluntary organization was also taken away from their house by the c.r.p.f. ..... from perusal of the said report of the learned district judge, manipur east dated 30.12.2005 and also the statements of the pws, statement of rws and statement of cws it is seen that the district judge, manipur east, after appreciation of the statements of witnesses and also the materials available on .....