Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
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..... further, the trial court on relying to section 3 of protection of women from domestic violence act, 2005, and the principles of gender justice, has made observation that on account of the comments made ..... , victim, looks like a black monkey and other physical and mental harassment caused, the victim has returned to her parents house, but there is no explanation from accused no.1 that under what circumstance the deceased mamatha had gone to her parental house on 29.08.2007 that too at night hours and what steps were taken by the ..... scc619 this court held that the concept of cruelty under section 498a ipc and its effect under section 306 ipc varies from individual to individual 17 also depending upon the social and economic status to which such person belongs. ..... extra marital relationship was not of such a nature as to drive the wife to commit suicide or that a-1 had ever intended or acted in such a manner which under normal 18 circumstances, would drive the wife to commit suicide.23. ..... marital relationship means the legally protected marital interest of one spouse to another 15 which include marital obligation to another like companionship, living under the same roof, sexual relation and the exclusive enjoyment of them, to have ..... the courts dealing with the criminal cases should, after convicting the accused shall make an endeavour to ascertain about the applicability of the provisions of the probation of offenders act, whether a submission is made to that effect or not, by the accused. .....
Tag this Judgment!Court : Karnataka
..... section 12 of protection of women from domestic violence act, 2005 (for short ..... court has not followed sections 21, 23, 28 of the d.v.act and rule 6 of the crl.p.no.356/2019 -7- protection of women from domestic violence rules 2006.8. ..... the domestic violence act is a special legislation enacted for the purpose of promoting the family relationship and ..... crl.p.no.356/2019 -13- (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 ..... notwithstanding anything contained in any other law for the time being in force, the magistrate may, at any stage of hearing of the application for protection order or for any other relief under this act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent; provided ..... petition, the wife had filed interlocutory application under sections 21 and 23 of the d.v.act, for a direction to the station house officer, mangaluru, east police station to procure crl.p.no.356/2019 -4- baby sarah and master jayden and restore them to her custody and interim protection for herself and the children.5. .....
Tag this Judgment!Court : Karnataka Dharwad
..... couple appears to have turned sore, pursuant to which, among other proceedings the respondent-wife files a petition in crl.misc.no.2/2009 invoking section 12 of the protection of women from domestic violence act, 2005 ( act for short). ..... sub-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: provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of ..... only issue that falls for my consideration is, whether the maintenance awarded under the domestic violence act can be sought to be enhanced under the cr.p.c.?. 5 8. ..... 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 ..... chapter, (a) minor means a person who, under the provisions of the indian majority act, 1875 (9 of 1875), is deemed not to have attained his majority; (b) wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. .....
Tag this Judgment!Court : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka
..... navya bhat under the provisions of the protection of women from domestic violence act, 2005 in criminal miscellaneous no.89 of 2019 pending before the v additional metropolitan magistrate traffic court. ..... the learned counsel appearing for the petitioner would contend that cases registered against the petitioner are - one under the domestic violence act, the other under the guardians and wards act and the third one is the subject crime in special c.c.no.1874 of 2021, all registered by his wife. ..... now, it is true that since the right to prior notice and opportunity of hearing arises only by implication from the duty to act fairly, or to use the words of lord morris of borth-y-gest, from fair play in action, it may equally be excluded where, 24 having regard to the nature of the action to be taken, its object and purpose and the scheme of the relevant statutory provision, fairness in action does not demand ..... the jurisdictional police alleging that the petitioner has sexually abused his son which becomes a crime in 4 crime no.145 of 2021 for offences punishable under sections 376ab of the ipc and section 3(a), 3(b), 5(m), 8 and 12 of the protection of children from sexual offences act, 2012 ( pocso act for short). ..... (m) the following procedure will be adopted in case statutory bodies like the ncw, the nhrc and the national commission for protection of children's rights request for preventing any indian/ foreigner from leaving india. .....
Tag this Judgment!Court : Karnataka
..... thereafter, on 22-02-2021, the respondent files a petition under 3 section 12 of the protection of women from domestic violence act, 2005 ( dv act for short) in criminal miscellaneous case no.32 of 2021 before the civil judge and jmfc, moodbidri wherein maintenance is also sought in the ..... 125 crpc is a measure of social justice and is specially enacted to protect women and children and as noted by this court in capt. ..... a measure of social justice and is specially enacted to protect women and children. ..... entire amount of arrears shall be deposited by the respondent in the family court within eight weeks from today, 15 after adjusting the amount, if any, already paid or deposited by him. ..... this court has granted an interim order of stay of the proceedings under the dv act in terms of the order dated 01-02-2022 and the proceedings instituted under the provisions of the ..... concerned court answering an application filed under section 24 of the hindu marriage act, 1955 allows the claim of the wife by granting maintenance of rs.30,000/- per month from the date of filing the application i.e. ..... also proved by producing the documentary evidence that her father had paid money to the respondent from time to time to help the respondent for his business. ..... apex court in the case of rajnesh1(supra) has clearly observed that in the light of overlapping of jurisdictions, the grant of maintenance under section 20(1)(d) of the dv act would be in addition to the maintenance granted under section 125 of the cr.p.c. .....
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