Court : Karnataka
..... ii mmtc, bangalore has filed this revision petition challenging the final order passed on 20.07.2013 in crl.misc.no.295/2011 and affirmation of the same in crl.a.no.407/2013 an appeal filed under section 29 of the protection of women from domestic violence act, 2005 (for short 'the act'). ..... of the matter is also taken into consideration while holding that the respondent has committed domestic violence. 9. ..... no.17 of the judgment, the learned judge of the first appellate court has held that the husband is not interested to live with the petitioner and this is evident from the contents of ex.p6 - the legal notice got issued by him through which he wanted the divorce by mutual consent. 14. ..... filed a petition under section 12 of the act against the respondent seeking monthly maintenance of rs.5,000/- per month, for grant of compensation of rs.2 lakhs, and to provide residence to her and protection order. ..... final order passed on 20.07.2013 was called in question by filing criminal appeal under section 29 of the said act before the sessions court, bangalore and the said appeal is dismissed after contest. ..... as on the date when the petition filed under section 12 of the act, respondent had also filed a petition seeking divorce and this was one of the grounds for the petitioner to ..... a petition filed by sri.v.k.anand seeking divorce from his wife - smt.sujatha. ..... viewed from any angle, no illegality or perversity is found in the order passed by the trial court and affirmation of the same by the first .....
Tag this Judgment!Court : Karnataka Dharwad
..... respondent filed application vide annexure - e, on 23.11.2015, under s.12 of the protection of women from domestic violence act, 2005 (for short, the act) for grant of the reliefs in terms of ss.18, 19, 20, 22 and 23 ..... 2015 on the basis of the complaint filed by the respondent for the offences punishable under sections 18, 19, 20, 22, 23 of the protection of women from domestic violence act, 2005. ..... order to maintain an application, under s.12 of the act, what is required to be brought to the notice of the magistrate is the particulars of relationship, as defined under s 2(f) of the act and the domestic violence, in terms of s.3 of the act, committed by the accused. ..... petitioner being not a relative of the husband of the respondent or the respondent, will have no interest in raising any demand for dowry or causing domestic violence and / or keep the ornaments of the respondent, with her. ..... m.m, palil, learned advocate, contended that the respondent is not an 'aggrieved person' to claim any relief against the petitioner, under the provisions of the act, as (i) there did not exist domestic relationship between the parties; (ii) the respondent did not live with the petitioner in a shared household; and (iii) that they are not related by consanguinity ..... for consideration is, whether there was domestic relationship, as defined in s.2(f) of the act, between the respondent and the petitioner and whether the respondent can maintain application under s.12 of the act, against the petitioner? 7. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the respondent filed application vide annexure e, on 23.11.2015, under s.12 of the protection of women from domestic violence act, 2005 (for short, the act) for grant of the reliefs in terms of ss.18, 19, 20, 22 and ..... 165/2015 on the basis of the complaint filed by the respondent for the offences punishable under sections18 19, 20, 22, 23 of the protection of women from domestic violence act, 2005. ..... order to maintain an application, under s.12 of the act, what is required to be brought to the notice of the magistrate is the particulars of relationship, as defined under s.2(f) of the act and the domestic violence, in terms :6. ..... petitioner being not a relative of the husband of the respondent or the respondent, will have no interest in raising any demand for dowry or causing domestic violence and / or keep the ornaments of the respondent, with her. ..... the point for consideration is, whether there was domestic relationship, as defined in s.2(f) of the act, between the respondent and the petitioner and ..... will be abuse of process of law to allow the said prosecution to continue against the petitioner, who, apart from being a widow and without issues, is an aged person and living alone.10. ..... : the act, as (i) there did not exist domestic relationship between the parties; (ii) the respondent did not live with the petitioner in a shared household; and (iii) that they are not related by ..... without any application of mind and acting mechanically the case was registered and notice was issued to the .....
Tag this Judgment!Court : Karnataka Dharwad
..... the respondent has filed a petition under s.12 of the protection of women from domestic violence act, 2005 (for short, the act ), in crl. ..... at this juncture, we are obliged to state that though it may be difficult to state that the judgment suffers from sans reasons, yet it is not at all difficult to say that the reasons ascribed are really apology for reasons. ..... the filament of reasoning must logically flow from requisite analysis, but, unfortunately, the said exercise has not been carried out. 8. ..... i.a.2 filed therein by her, under s.21 of the act, seeking custody of the minor girl child tazin was dismissed by the learned magistrate vide order dated 03.11.2014. 5. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the respondent has filed a petition under s.12 of the protection of women from domestic violence act, 2005(for short, the act ), in crl. ..... at this juncture, we are obliged to state that though it may be difficult to state that the judgment suffers from sans reasons, yet it is not at all difficult to say that the reasons ascribed are really apology for reasons. ..... the filament of reasoning must logically flow from requisite analysis, but, unfortunately, the said exercise has not been carried out. 8. ..... i.a.2 filed therein by her, under s.21 of the act, seeking custody of the minor girl child tazin was dismissed by the learned magistrate vide order dated 03.11.2014.5. .....
Tag this Judgment!Court : Karnataka
..... 07/2017 and coming on - 3 - order in these petitions, the order passed by the trial court so also the appellate court in respect of proceedings under section 12 of the protection of women from domestic violence act, 2005 ( the act for short) are under challenge.2. ..... , that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the act 2005 read with rule 15(6) of the protection of women from domestic violence rules, 2006. . . 12. ..... , complaint could be filed only within a period of one year from the date of the incident in view of provisions of sections 28 and 32 of the act read with rule 15(6) of the protection of women from domestic violence rules, 2006. ..... learned single judge of delhi high court had held that it was with the view of protecting the rights of the women under articles 14, 15 21 of the constitution that the parliament enacted the act in order to provide for some effective protection of rights guaranteed under the constitution to the women, who - 13 - are victims of any kind of violence occurring within the family and matters connected therewith and incidental thereto, and to provide an efficient and expeditious civil remedy to them .....
Tag this Judgment!Court : Karnataka
..... he would also draw the attention of the court to the provisions of the protection of women from domestic violence act, 2005, with particular reference to the rights vested in the wife and as a pointer in this regard, he would refer to the provisions of section 2(s) of the act. ..... he would further contend that the word or otherwise used in section 28 will take the colour from its 74 preceding words that is species of contingencies over which neither the act nor legislature have any control and hence the provision of section 17 (2) cannot be imported or read into section 28 and hence the impugned order holding that the petitioners ceases to be a member is without authority of law as the ..... in the performance of this duty the judges do not act as computers into which are fed the statutes and the rules for the construction of statutes and from whom issue forth the mathematically correct answer. ..... sub-section (2) deals with eligibility criteria which are attracted even in respect of a person who otherwise was eligible to contest from the agriculturists constituency and act as a representative of the farmers.65. ..... therein it was contended, that both the petitioners were disqualified to contest in the elections from agriculturists constituency, as their respective spouses were registered as traders and were holding trader license under the act, 1966. .....
Tag this Judgment!Court : Karnataka
..... section 29 of the protection of women from domestic violence act, 2005 relates to preferring an appeal against the order passed by the magistrate as the appeal would lie within 30 days from the date of the order. ..... the interpretation given to the domestic relationship relating to the petitioner as well as the first respondent late manmohan attavar in the instant case, has not been established by the petitioner for seeking the relief under the provisions of the protection of women from domestic violence act, 2005. :36. ..... hence, by way of this petition she seeks protection order under section 18, residence under section 19, to pay monetary relief under section 20 and to grant compensation or damages under section 22 of the protection of women from domestic violence act, 2005.6. ..... the following orders be passed under protection of women from domestic violence act2005 sec.17: right to reside in a shared household. ..... the petitioner in person has taken various contentions in this revision petition, against the order passed by the appellate court relating to the petition filed by her seeking relief under the domestic violence act, 2005. ..... having framed the said points and appreciating the oral and documentary evidence produced by the parties and referring to the provisions of domestic violence act, hindu marriage act and special marriage act as well as various decisions relied by the parties, the court below answered all the four points in the negative and ultimately dismissed the application .....
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..... multiple proceedings are pending consideration/disposed of relating to the disputes raised under the provisions of the protection of women from domestic violence act, 2005, sections 498-a, 506, 504, 420 of ipc etc. ..... direction to respondent nos.1 to 5 and the law enforcement authorities for strict adherence to protection of women, dowry, domestic violence laws and their strict implementation to protect the intentions and objectives of the said laws and to secure the safety, security, welfare and dignity of women; as also for a direction to respondent no.4 for the strict departmental action against the protection officer & child development protection officer, department of women and child development, anekal taluk, bangalore urban district; pass punitive and compensatory ..... above, court must be careful to see that a body of persons w.p.nos.44038-44039/2018 or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. ..... to act in the name of pro bono publico, though they have no interest of the public or even of their own to protect.11. ..... with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives and try to bargain for a good deal as well to enrich themselves. ..... 27.06.2018 before the protection officer, reg. ..... by its secretary union of india by the ministry of women and child development, shastri bhawan, new delhi-110 001 .....
Tag this Judgment!Court : Karnataka Dharwad
..... passed in c.mis.no.70/2014 which was filed by the mother of respondent/plaintiff in the court below, along with her five children namely, mahantesh, padmini, pooja, keerthinath and sukanya, under sections 18 to 20 and 22 of the protection of women from domestic violence act, 2005, which was disposed of by order dated 01.08.2015; the order dated 03.06.2014 passed on an application filed under section 23 of the ..... the petition which was filed under protection of women from domestic violence act, has reached finality in providing protection order to the wife and children by order dated 01.08.2015 and it is seen that some of the orders therein are pending consideration before the principal district and sessions judge, gadag, in ..... after hearing the learned counsel for the appellant and the respondent and also on going though the records in o.s.no.12/2014 from which the present appeal arises and also other documents, it is clearly seen that the family of the appellant is divided vertically with appellant herein on one side and his wife and their five ..... judge, family court, gadag, which was filed under section 9 of the hindu marriage act, by the respondents mother against the appellant herein, which was allowed by the aforesaid order and the decree drawn thereunder in the said proceedings; the appeal ..... the said suit in o.s.no.12/2014 was filed under section 20 of the hindu adoption and maintenance act, along with invoking the provisions of order vii rule 1 of the code of civil procedure.3 .....
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