Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Court: karnataka Page 1 of about 106 results (0.090 seconds)

Smt. Leelavathi S. W/O M. Bhaskar Vs. Shri Murgesh S/O Dharmalingam,

Court : Karnataka

..... in support of the revision, the learned counsel submits that the learned magistrate has followed his own procedure to conduct the enquiry which is permissible under sub section 2 of section 28 of the protection of women from domestic violence act, 2005, he drew my attention to the said provision, which reads thus:(2) nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.10. ..... conspectus of provisions of protection of women from domestic violence act, 2005 make it abundantly clear that the aggrieved person has right to apply invoking section 12 of the act for benefits. ..... it is further alleged that since he neglected and committed all acts which constitute domestic violence, the petition invoking section 12 of the act was submitted which was investigated by a competent officer. ..... the course of enquiry, the petitioner was successful in establishing the matrimonial relationship and the act of domestic violence committed by the respondents. ..... , the learned magistrate has also directed the respondent to provide separate residence for petitioner and her daughter and restrained respondents from indulging in further domestic violence.8. ..... third respondent at the instigation of and in connivance of other respondents indulged in and committed the acts, which constitute domestic violence. ..... allegations made in the petition about the domestic violence are undoubtedly subject to proof. .....

Nayanakumar Vs. the State of Karnataka and anr.

Court : Karnataka

Reported in : ILR2009KAR4295

..... long deliberation, in bringing the parties to arrive at a compromise, the district legal services authority thought it fit to refer the matter back to the jurisdictional magistrate for doing the needful in accordance with the protection of women from domestic violence act, 2005 (for short act 2005). ..... contents of the petition, it is better to refer the matter to the jurisdiction magistrate to take further information from the petitioner/gouri and to do needful in accordance with protection of women from domestic violence act 2005.sd/- 28.3.2008conciliatorssd/-s.s. ..... -section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:xxxxx(3) xxxxx(4) xxxxx(5)xxxxx11. ..... reference was also made to the definition of the domestic incident report as found in section 2(e) of the act, 2005 and also rule 5 of the rules framed under the act to submit that the domestic incident report shall have to be in form ..... aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act.provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider .....

R. Ramu Vs. Smt. Leelavathi

Court : Karnataka

Reported in : 2010(1)KarLJ376

..... the matter arises under the protection of women from domestic violence act, 2005. ..... in view of the physical violence and mental violence she is taking treatment at a private nursing home and the husband has refused to pay the bills. ..... she would further allege that the husband has taken away the gold ornaments, two wheelers and cash which was realised from the sale of a site on 24-5-2006.3. ..... 20,000/- per month and compensation under section 22 of the act and for such other reliefs.2. ..... another contention is that she is getting enough rents from the buildings.5. .....

Sri. Dr.T.V.Sreenivas S/O T.Venkatanarasaiah Aged 56 Years, Vs. Smt.S. ...

Court : Karnataka

..... she has filed a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act") interalia alleging the domestic violence and seeking relief of monetary benefit, protection and other reliefs.3.the learned magistrate considering the nature of allegation in the application has ordered issue of summons and has also passed the order for monetary benefit to ..... to submission of the report by the protection officer, in case if he has received any complaint from any person about the domestic violence suffered by a woman. ..... that, magistrate court has no jurisdiction, as the respondent wife has shown her address at mysore only in the cause title, but has not explained as to whether she is residing at mysore or not.5.section 12 of the act confers power on the aggrieved party or protection officer or any person to initiate proceedings under section 12 of the act. ..... requirement for the aggrieved party to file a report of the protection officer along with application under section 12 of the act. ..... and 6 relates to the submission of report by the protection officer and not by the aggrieved party.6.section 12 enables any person or aggrieved person or protection officer. ..... he further submitted that, the proceedings under section 12 of the act is nothing but abuse of process of the court and submitted that, earlier the respondent had filed a petition for jurisdictional suppression on the same allegation and subsequently she has also filed an .....

Pradyumna S. Harish Vs. the State by Jayanagar Police Station and Anot ...

Court : Karnataka

Reported in : ILR2010KAR4217.

..... bangalore, under the provisions of protection of women from domestic violence act, 2005 find in the said complaint, a specific allegation as regard to this accused indulged in sexual acts with the complainant was alleged and on the basis of the said allegation, the case was conducted and by order dated 15.4.2010, the miscellaneous proceedings came to ..... case, there is no dispute that, the earlier proceedings were initialed under the provisions of the protection of women from domestic violence act" and not for any of the offences under the provisions of i.p.c. ..... submitted that, the petitioner was tried under the provisions of section 12 of the protection of women from domestic violence act (in shol referred to as 'act') in c.misc.no. ..... regard, it is useful to refer to the provisions of the act section 18 of the said act confers power on the magistrate to pass the protection order against the domestic violence. ..... such allegation may amount to domestic violence, but the said proceedings cannot be termed as trial of ..... the allegation of domestic violence alleged is one and the same, which is now alleged in the complaint, hence, question of one more trial on the said allegation for different offences ..... admittedly, the proceedings are not initiated for any punishment for the offence alleged in the complaint, but it was only for protection and adjudication of the rights of the complainant and the proceedings are entirely distinct and separate, nothing to do with the offence to be tried, which is .....

Aruna Kumari W/O Byrappa Aged About 61 Years.Vs. Smt. B.A.Anitha W/O M ...

Court : Karnataka

1. petitioner has called in question the proceedings in crl.misc.no.84/2008 on the file of j.m.f.c., somwarpet,2. the domestic violence report is filed before the learned magistrate interalia alleging violence against the complainant. in pursuance of the said report and the complaint, the learned magistrate had initiated the proceedings. at this stage, this petition has been filed.3. learned counsel for the petitioner submits that, there is no allegation of any violence alleged in the complaint and as such, the proceedings are vitiated.4. the domestic violence is reported in the prescribed form, prima facte, tisfg* discloses the alleged violence. even if any details are shortcoming, it is open to the petitioner to raise objections before the learned magistrate and learned magistrate would consider the objections at the appropriate stage.accordingly, the petition fails and same is dismissed.

Sri R Srinivasan. S/O a S Ramaswamy Iyengar, and ors. Vs. Vaishnavi. W ...

Court : Karnataka

..... mis.no.72/09 before the trial court u/s 12 of the protection of women from domestic violence act, 2005, sought for maintenance arid the said petition was also resisted by the husband who is the petitioner in crl ..... the respondents are restrained from causing domestic violence against the petitioners in ..... salary that he gets as a supervisor and this is spoken to by the husband in the course of his evidence and moreover the husband has been paying rs.3,000/- per month towards the rent and apart from that, the husband is also taking care of the expenses towards child's education which comes to rs.3,000/- per month and he is also paying the electricity bill and the cable charges and all these put ..... further submission made by the learned counsel is that, as far as wife is concerned, though ^he is an advocate and has got experience of having worked in various advocates firms and was also earning good amount from her profession, later on, the wife gave up her job at lexis - nexis company at chermai and came to bangalore and the wife at present is only fighting the litigations which are pending in various courts and ..... , the husband is also running a consultancy in the name of his father which is known as 'ramaswamy iyengar associates' and the husband of the 1stpetitioner is getting huge income from the real estate business and in this regard reference was made to certain pamphlets and the plan which were marked in evidence before the trial court as ex.p7 and p9 to contend that when the .....

J.K.Ram Prakash. S/O Sri.P.J.Krishna Murthy, and ors. Vs. Gayathri N. ...

Court : Karnataka

..... filed under section 482 cr.p.c, the petitioners have sought for quashing the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005 (for short the act') in crl.misc.no. ..... and 3 have no relationship whatsoever with respect to the allegations made in the petition since they resided about 350 kms away from the matrimonial home of the respondent while she was residing with the first petitioner in chennai, therefore, the allegations made in the petition with regard to the alleged domestic violence are all concocted only to make a ground for seeking the reliefs with the first petitioner; that on account of harassment ..... meted out to the first petitioner by the respondent, he was forced to resign from his job as such he is now without any job and is residing with his parents at. ..... filed under section 12 of the act, the respondent has made several allegations of domestic violence perpetrated on her by the petitioners ..... said mattes was still pending, the respondent herein filed petition under section 12 of the act against the petitioners herein. ..... the proceedings initiated by the respondent before the criminal court under section 12 of the act is liable to be quashed.4. .....

Shaik Fahed Ahmed, So. Shaik Fahed Ahmed and ors Vs. Mrs.Mariam Fasihu ...

Court : Karnataka

..... the respondent has filed petition under section 12 of the protection of women from domestic violence act, 2005. ..... 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. ..... no restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the domestic violence act. ..... it is prima facie clear that at some point of time, the respondent lived in domestic relationship, with the peiitioners herein, as such, she is an aggrieved person as per section 2(a) of the act and that the allegal ions further prima facie indicates that she was subjected to various kind of domestic violence as defined under section 3 of the act, therefore, it cannot be said that the petition filed before the learned magistrate is not maintainable.6) i have bestowed my anxious consideration to the submissions made ..... as could be seen from the preamble of the act, the act was brought into force to provide more effective protection to the rights of the women guaranteed under the constitution who are victims of violence of many kind occurring within the family. .....

V.K.V. Sarma Vs. Ms. Indra Sarma

Court : Karnataka

..... the petitioner is before this court aggrieved by the trial court allowing the application filed by the respondent u/s 12 of the protection of women from domestic violence act, 2005 (the act for short) and the said order of the trial court being confirmed by the lower appellate court. 2. ..... 15, further, the apex court observed that the aforesaid view would take out many women who have had a live-in relationship from the benefit of the act, but then it is not for the court to legislate or amend the law and the parliament has used the expression relationship in the nature of marriage and not live-in relationship. 16. ..... the apex court therefore went on to observe at para.34 that, live-in relationships will amount to a relationship in the nature of marriage to get the benefit of act of 2005 and to get such benefit, conditions mentioned in para. ..... learned counsel for the respondent further argued that the act is meant to take care of the interest of women in general and therefore the act does not confine itself to relationship in the nature of marriage and therefore even a live-in relationship is covered by the expression domestic relationship. ..... nevertheless, it is his submission that, the relationship between the parties does not come within the definition of domestic relationship as defined u/s 2 (f) of the act. 8. .....