Court : Karnataka
..... ; another case instituted by the wife invoking section 12 of the protection of women from domestic violence act, 2012 and a crime in crime no.164/2022 for the offences under sections 498a, 323, 406, 504 and 506 of the ipc and sections 3 and 4 of the dowry prohibition act, 1961. ..... and the third proceeding is a proceeding instituted by the wife in crl.misc.no.2524/2022 under section 12 of the protection of women from domestic violence act, 2012. ..... in india; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from india of the applicant has been made by any such court; (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation; (i) that in the opinion of the ..... khc:6357 wp no.18066 of 2023 would not come under the purview section 6(2)(f) of the act and the criminal proceedings would only be considered when pending, and the concerned court has taken cognizance of the offence, which would presuppose that the charge sheet has been filed by the officer ..... khc:6357 wp no.18066 of 2023 (c) that the departure of the applicant from india may, or is likely to, be detrimental to the security of india; (d) that the presence of the applicant outside india may, or is likely to, prejudice the friendly relations of india with any foreign country; (e) that the applicant has, at any .....
Tag this Judgment!Court : Karnataka
..... , section 125 of the code of criminal procedure, 1973 (applicable to all regardless of religions), sections 24 & 25 of the hindu marriage act, 1955 (applicable to hindus, in a broad sense of the term), section 37 of the divorce act, 1869 (applicable to christians), section 40 of the parsi marriage and divorce act, 1936 (applicable to parsis), section 20 of the protection of women from domestic violence act, 2005 (applicable to all persons regardless of religion and marital status), sections 36 & 37 of the special marriage act, 1954, the muslim women (protection of rights on marriage) act, 2019 (applicable to muslims wives), etc. ..... in view of the fact that the objective of compassionate appointment is beneficial, the fact that unmarried daughters have not been excluded from the definition of 'dependant family member must be given a literal, purposive and beneficial interpretation.4. ..... the scheme does not, in its terms, exclude married daughter from the ambits of the term 'dependent family member', and any daughter is entitled if she is wholly dependent. ..... , which elucidates the legal interpretation of dependency and the rationale behind precluding married daughters from eligibility for compassionate appointment. .....
Tag this Judgment!Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) reinforced by article 39 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article 39 of the ..... section 9 of the hindu marriage act is for protecting institution of marriage and its objective is to maintaining marital ..... act") which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities ..... section 9 of the hindu marriage act, 1955 reads as follows:- when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition - 19 - nc: ..... 15 (3) reinforced by article 39 of the constitution of india, which envisages a positive role for the state in fostering change towards the empowerment of women, led to the enactment of various legislations from time to time.6. ..... 15(3) of the constitution of india provides that:"nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) reinforced by article 39 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article 39 of the ..... section 9 of the hindu marriage act is for protecting institution of marriage and its objective is to maintaining marital ..... act") which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities ..... section 9 of the hindu marriage act, 1955 reads as follows:- when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition - 19 - nc: ..... 15 (3) reinforced by article 39 of the constitution of india, which envisages a positive role for the state in fostering change towards the empowerment of women, led to the enactment of various legislations from time to time.6. ..... 15(3) of the constitution of india provides that:"nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) reinforced by article 39 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article 39 of the ..... section 9 of the hindu marriage act is for protecting institution of marriage and its objective is to maintaining marital ..... act") which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities ..... section 9 of the hindu marriage act, 1955 reads as follows:- when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition - 19 - nc: ..... 15 (3) reinforced by article 39 of the constitution of india, which envisages a positive role for the state in fostering change towards the empowerment of women, led to the enactment of various legislations from time to time.6. ..... 15(3) of the constitution of india provides that:"nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka
..... revision is against the order of the appellate court in an appeal against an order passed by the magistrate in a misc execution case in a proceeding under the protection of women from domestic violence act.19. ..... during the pendency of the said petition, the husband/petitioner suffers a stroke resulting in 75% disability, due to which, he had resigned from his work and on the ground that the husband has not paid maintenance, to recover arrears of maintenance, the wife/respondent initiates execution petition seeking execution of the ..... acceptance letter this refers to the email dated 22 may 2015, sent by priyanka sengar (your sister) on your behalf, resigning from the services of the company and the subsequent discussions we had over phone. ..... the duration of maintenance covers the period of disability of the husband right from its beginning till today, except for a few months prior to the ..... in the teeth of the disability of the petitioner who also suffers from cognitive dysfunction, the trial court ought to have allowed the application seeking recall of the order of maintenance and restricted the recall up to the date on which the ..... india private limited sd/- reshma b s sr.executive hr ops (emphasis added) therefore, on and from the husband suffering disability he has remained outside employment. ..... serious disability or ill health of a spouse, child/children from the marriage/dependent relative who require constant care and recurrent expenditure, would also be a relevant consideration .....
Tag this Judgment!Court : Karnataka
..... revision is against the order of the appellate court in an appeal against an order passed by the magistrate in a misc execution case in a proceeding under the protection of women from domestic violence act.19. ..... during the pendency of the said petition, the husband/petitioner suffers a stroke resulting in 75% disability, due to which, he had resigned from his work and on the ground that the husband has not paid maintenance, to recover arrears of maintenance, the wife/respondent initiates execution petition seeking execution of the ..... acceptance letter this refers to the email dated 22 may 2015, sent by priyanka sengar (your sister) on your behalf, resigning from the services of the company and the subsequent discussions we had over phone. ..... the duration of maintenance covers the period of disability of the husband right from its beginning till today, except for a few months prior to the ..... in the teeth of the disability of the petitioner who also suffers from cognitive dysfunction, the trial court ought to have allowed the application seeking recall of the order of maintenance and restricted the recall up to the date on which the ..... india private limited sd/- reshma b s sr.executive hr ops (emphasis added) therefore, on and from the husband suffering disability he has remained outside employment. ..... serious disability or ill health of a spouse, child/children from the marriage/dependent relative who require constant care and recurrent expenditure, would also be a relevant consideration .....
Tag this Judgment!Court : Karnataka
..... now coming to the pivotal question whether this court can exercise jurisdiction under section 482 of code of criminal procedure, to set at naught the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005, it is apposite to refer the judgment of hon'ble apex court in the case of state of haryana referred supra, where it was held that the court exercising jurisdiction is not shorn of the power under articles 226 ..... when the court is confronted with a false case or a case which does not constitute domestic violence as defined under the protection of women from domestic violence act 2005, the same cannot continue, as that would result in nuisance and harassment of the petitioner. ..... calling in question the entire proceedings before the concerned 46 court initiated under the protection of women from domestic violence act, 2005 would be maintainable, only if the proceedings are challenged on the ground of abuse of the process of the law, as the court of session is not empowered to obliterate the proceedings holding it to be an abuse of the process of the ..... is contended that the hon'ble apex court in the case of kamatchi supra held that under section 482 of code of criminal procedure, the high court cannot exercise jurisdiction to quash the proceedings under section 12 of protection of women from domestic violence act 2005, in the instant case, the proceedings before the trial court has moved on from the stage of issuing notice. .....
Tag this Judgment!Court : Karnataka
..... domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005.18. ..... the divorce petition by the appellant and 6 months after the filing of the domestic violence case by her mother-in-law. ..... the fir lodged by the respondent no.2 was nothing but a counterblast to the divorce petition & also the domestic violence case.19. ..... necessary ingredients to constitute the alleged offence are disclosed or not as, in frivolous or vexatious proceedings, the court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection, to try and read between the lines.36. ..... , we looked into sections 85 and 86 respectively of the bharatiya nyaya sanhita, 2023, which is to come into force with effect from 1st july, 2024 so as to ascertain whether the legislature has seriously looked into the suggestions of 46 this court as made in ..... excuse, telling me it s all my fault, and it s my drama, which makes him upset everyday & never interest to engage in sexual intercourse from the ver inception of the marriage and has always been able to avoid the 10 same under the pretext of work or some other irrelevant situations marriage ..... arrest in a case under section 498a of the ipc and section 4 of the dowry prohibition act, 1961, prayed for anticipatory bail before this court, having failed to obtain the same from the high court. .....
Tag this Judgment!Court : Karnataka
..... policeman assaulting a domestic help or indulging in domestic violence would certainly not be entitled to protection. ..... or any competent authority shall, after the receipt of the proposal requiring sanction for prosecution of a public servant under this sub-section, endeavour to convey the decision on such proposal within a period of three months from the date of its receipt: provided also that in case where, for the purpose of grant of sanction for prosecution, legal consultation is required, such period may, for the reasons to be recorded in writing, ..... of the code of criminal procedure, 1973 (2 of 1974) and directed the complainant to obtain the sanction for prosecution against the public servant for further proceeding: provided further that in the case of request from the person other than a police officer or an officer of an investigation agency or other law enforcement authority, the appropriate government or competent authority shall not accord sanction to prosecute a public servant without providing ..... to have been committed by a public servant, except with the previous sanction save as otherwise provided in the lokpal and lokayuktas act, 2013 (a) in the case of a person who is employed, or as the case may be, was at the time of commission of the alleged offence employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government; (b) in the case of a person ..... 2005) 1 scc122:2005 .....
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