Court : Karnataka
..... submission of learned counsel for the respondent is that, as the protection of women from domestic violence act, 2005 has been enacted to protect the women being the victims of domestic violence, it is therefore contended that the reference to the statement of objects and reasons that the provisions contained in sub-section (3) of section 29 will be applicable even to the domestic violence act and it is not restricted only to the law relating to marriage and divorce. 14. ..... whether sub-section (3) of section 29 of the limitation act, 1963 operates as a bar for filing the application under section 5 of the said act before the lower appellate court in respect of the proceedings under the protection of women from domestic violence act, 2005, (domestic violence act, 2005 for short) is the question that has arisen in this petition. 2. ..... the provisions contained in the protection of women from domestic violence act, 2005 do not expressly exclude the application of sections 4 to 24 of the limitation act. ..... what is contemplated therefore is in respect of the law relating to marriage and law relating to divorce and there is no scope for reading into sub-section (3) and the provisions relating to protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... the matter arises under the provisions of the protection of women from domestic violence act, 2005 (for short hereinafter referred to as the act). ..... on going through the application filed by the complainant before the magistrate under section 12 of the act, it is clear that sufficient material is forthcoming to proceed against the first petitioner-husband of the complainant. .....
Tag this Judgment!Court : Karnataka
..... from the above, we are of the opinion that the house in question cannot be said to be a "shared household" within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act ..... come up in this criminal petition impugning the concurrent finding of both the courts below in holding that the house owned by petitioner herein is a shared house as defined under section 2(s) of the protection of women from domestic violence act, 2005 (for short, 'the act'). 2. ..... 23(2) r/w sec.i9(l)(a) of the protection of women from domestic violence act, 2005 therein and allow this petition and ..... of the protection of women from domestic violence act, 2005 and reject ..... as maintenance for herself and the minor child; rs.2,00,000/- towards educational expenses of the child and also for protection order against 2nd respondent ..... 149/2012 for the relief of protection order against 2nd respondent herein and his mother under section 12 of the act seeking to restrain them from committing any further act of domestic violence on her and her child; to order status quo regarding her residence; not to force her out of the matrimonial home; for monetary relief in a sum of rs.1,00,000/ per month .....
Tag this Judgment!Court : Karnataka
..... , seeking setting aside of order dated 10.8.2012 passed on an application, which is filed under section 20(l)(d) of the protection of women from domestic violence act, 2005 ('the act' for short) for maintenance of the respondent herein and children of petitioner ana respondent herein, which is confirmed by order dated 24.6.2013 in crl.a.no.591/2012 on the file of ftc ..... it is further made clear that even if said petition under the provisions of domestic violence act is dismissed, the order which is passed for the maintenance of children shall remain unaltered until ..... order would not come in the way of petitioner seeking dismissal of petition filed by respondent-wife under the provisions of domestic violence act. ..... she suffered an order directing her to go and reside with her husband in the matrimonial house, she has chosen to file the present petition in crl.misc.72/2012 alleging domestic violence. ..... on appreciation of the aforesaid facts, the learned magistrate has come to the conclusion that respondent-wife is not entitled to seek maintenance from her husband in view of the fact that there is already an order directing her to establish her conjugal rights with her husband, petitioner herein and to live with him in the matrimonial ..... the fact that they are living separately from 21.1.2008 is not in dispute, which is borne out by the pleadings in the petition filed under section 9 of the hindu marriage act in mc.219/2008, by the petitioner herein seeking restitution of conjugal rights .....
Tag this Judgment!Court : Karnataka Dharwad
..... ) and jmfc, gadag, which was filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act', for short), approached this court seeking quashing of the entire proceedings against them ..... also, she claimed before the trial court that the court has to pass a protection order preventing the respondents therein from committing domestic violence against her and also for residence and maintenance to her and her child. ..... the husband and the other members are in the joint family house, then that can be called as 'shared house' and other relatives of husband, in fact, can also be made as parties to restrain them from committing any domestic violence by throwing out the wife from the shared house. ..... the threshold, the petition cannot be quashed and the petitioners in fact have to approach the trial court and file appropriate application showing that there was no act of domestic violence committed by them against the petitioner therein. ..... of the learned counsel by submitting that there are sufficient pleadings in the petition as to how the petitioners herein have ill-treated, harassed and caused domestic violence against the 1st respondent herein and in fact the relief is claimed against all the petitioners. ..... merits, to order that the petitioners herein have to allow the 1st respondent to reside in the matrimonial home itself and the court has also got power to restrain the petitioners from causing any domestic violence against the wife. 10. .....
Tag this Judgment!Court : Karnataka Dharwad
..... ) and jmfc, gadag, which was filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act', for short), approached this court seeking quashing of the entire proceedings against them ..... also, she claimed before the trial court that the court has to pass a protection order preventing the respondents therein from committing domestic violence against her and also for residence and maintenance to her and her child. ..... the husband and the other members are in the joint family house, then that can be called as 'shared house' and other relatives of husband, in fact, can also be made as parties to restrain them from committing any domestic violence by throwing out the wife from the shared house. ..... the threshold, the petition cannot be quashed and the petitioners in fact have to approach the trial court and file appropriate application showing that there was no act of domestic violence committed by them against the petitioner therein. ..... of the learned counsel by submitting that there are sufficient pleadings in the petition as to how the petitioners herein have ill-treated, harassed and caused domestic violence against the 1st respondent herein and in fact the relief is claimed against all the petitioners. ..... merits, to order that the petitioners herein have to allow the 1st respondent to reside in the matrimonial home itself and the court has also got power to restrain the petitioners from causing any domestic violence against the wife. 10. .....
Tag this Judgment!Court : Karnataka
..... -wife filed a petition against the appellant under the provisions of the protection of women from domestic violence act, 2005 5 [for short, dv act]. ..... acts of domestic violence as per the said complaint are that the appellant was trying to threaten her and she was driven out of the home without providing food, ..... of police backside of health quarters t.b.circle, honnali taluk davanagere district 575 305 (by sri.b.v.gangi reddy, advocate) appellant respondent2this mfa is filed under section 19(1) of the trial court act, r/s sec.28 of hindu marriage act, against the judgment and decree dated 10.10.2011 passed in m.c.no.5/2009 on the file of the senior civil judge, harihar, dismissing the petition filed under section 13(1)(ia) and (1) (ib) of hindu marriage ..... appellants, four months after the filing of divorce petition, she lodged a police complaint alleging offence under section 498a ipc read with sections 3 and 4 of the dp act against the appellant and that she also went to press and media in the matter, which was widely published in all newspapers. ..... of the appellant that in the complaint lodged 13 under the dp act, the respondent has also arraigned his old mother and younger brother, who are residing in a remote village in hosdurga taluk, 150 kms away from her workplace, who are no way concerned with the family affairs ..... working as psi at bhadravathi, which is far away from honnali, she lodged a complaint under the provisions of dp act stating that she was not providing food, cloth and .....
Tag this Judgment!Court : Karnataka
..... no.25/2014 under section 12 of the protection of women from domestic violence act, 2005. ..... in the present case, the appellants (the husband and his relatives, accused under sections 498-a read with section 34 ipc and sections 3 and 4, dowry prohibition act, 1961) had not sought compounding of the offences. ..... no.8071/2013 for the offences punishable under sections 498-a, 34 ipc and also under sections 3, 4 and 6 of the dowry prohibition act and also a case in c. ..... it is seen from the records that the family court has referred the parties to the bangalore mediation centre for exploring the possibility of settlement. ..... , bangalore, for the offences punishable under sections 498-a of ipc and sections 3, 4 and 6 of the d.p.act r/w. ..... act and sec. .....
Tag this Judgment!Court : Karnataka
..... the parliament in its highest wisdom to provide the rights guaranteed under the constitution of india to the victims of domestic violence has enforced the statute 24 the protection of women from domestic violence act, 2005 . ..... section 2(f) of the protection of women from domestic violence act, defines domestic relationship - among other things, the relationship between two persons, who live or have, at any point of time, lived together in a relationship in the nature of marriage is a domestic relationship. ..... the victims of domestic violence are entitled for protection orders, residence orders and monetary reliefs from the erring partner. ..... extending the concept of the domestic violence act to the case on hand, we hold that the first defendant herein is one such victim, who has 25 rendered helpless in half way of her life. ..... the term domestic violence is defined under section 3 of the said act. ..... accordingly, depriving a woman of economic and financial resource, falls under the category of the domestic violence. ..... the scheme of the act is for remedying the victims of violence of all kinds occurring within the family and in respect of matters connected therewith and incidental thereto.20. .....
Tag this Judgment!Court : Karnataka
..... " the parliament in its highest wisdom to provide the rights guaranteed under the constitution of india to the victims of domestic violence has enforced the statute "the protection of women from domestic violence act, 2005". ..... section 2(f) of the protection of women from domestic violence act, defines "domestic relationship"- among other things, the relationship between two persons, who live or have, at any point of time, lived together in a relationship in the nature of marriage is a domestic relationship. ..... the victims of domestic violence are entitled for protection orders, residence orders and monetary reliefs from the erring partner. ..... extending the concept of the domestic violence act to the case on hand, we hold that the first defendant herein is one such victim, who has rendered helpless in half way of her life. ..... the term "domestic violence" is defined under section 3 of the said act. ..... accordingly, depriving a woman of economic and financial resource, falls under the category of the domestic violence. ..... the scheme of the act is for remedying the victims of violence of all kinds occurring within the family and in respect of matters connected therewith and incidental thereto. 20. .....
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