Court : Karnataka
..... in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . the object of domestic violence act: the domestic violence act aims to provide several remedies to an aggrieved women and protect them against any form of domestic violence as emphasized in kunapareddy alias ..... against son under sections 5 and 23 of the maintenance and welfare of parents and senior citizens act, 2007 (for short senior citizens act, 2007 ) requesting to evict the son and his family members from the schedule property and to handover physical possession of second floor and third floor.simultaneously, anilkumar s wife namely sony @ sonia patil initiates legal action under the domestic violence act, 2005 (for short d.v. ..... . act, 2005, on the other hand, is designed to protect women from abuse and harassment within domestic relationships, allowing them to seek ..... . the primary object of d.v.act, 2005, is to give protection to women against any form of domestic violence as outlined in kunapareddy alias ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right ..... 18, 19, 20, 21, 22, and 23 of the d.v.act, 2005 delineate these civil remedies, emphasizing the act's intent to provide relief and 42 protection to victims within domestic relationships .....
Tag this Judgment!Court : Karnataka
..... . after floundering of the relationship, the wife institutes several proceedings one invoking section 12 of the protection of women from domestic violence act, 2005, the other is petition for restitution of conjugal rights in m.c.no.2536 of 2015 and the third one is the impugned proceedings for it being registered on ..... by the wife are invoking the provisions of the protection of women from domestic violence act, 2005; seeking restitution of conjugal rights and the subject ..... file a domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005 ..... filing of the divorce petition by the appellant and 6 months after the filing of the domestic violence case by her mother-in-law ..... view that the fir lodged by the respondent no.2 was nothing but a counterblast to the divorce petition & also the domestic violence case.19 ..... whether the necessary 25 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 ..... context, 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 this court as made in preeti .....
Tag this Judgment!Court : Karnataka
..... , a policeman assaulting a domestic help or indulging in domestic violence would certainly not be entitled to protection. ..... cognizance taken by a court upon such sanction, during the period commencing on the 20th day of august, 1991 and ending with the date immediately preceding the date on which the code of criminal procedure (amendment) act, 1991, receives the assent of the president, with respect to an offence alleged to have been committed during the period while a proclamation issued under clause (1) of article 356 of the constitution was in force ..... contained in sub-section (3), no court shall take cognizance of any offence, alleged to have been committed by any member of the forces charged with the maintenance of public order in a state while acting or purporting to act in the discharge of his official duty during the period while a proclamation issued under clause (1) of article 46 356 of the constitution was in force therein, except with the previous sanction of the central ..... person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence 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 ..... 2005) 1 scc122:2005 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... as such, the petitioner constrained to file petition under section 12 of the protection of woman from domestic violence act, (for short the act ).3. ..... in the present case, the appellate court gone into the validity of the marriage and set aside the order of maintenance passed under section 12 of the act, which is beyond its jurisdiction and hence, it is liable to be set aside.11. ..... the courts while dealing with the maintenance matters, either under section 12 of the act or under section 125 of cr.p.c. .....
Tag this Judgment!Court : Karnataka
..... that criminal case filed by the wife in respect of cruelty and dowry harassment against the husband and in-laws would lose any significance in case the complaint is made after receiving the divorce notice from the husband, defeats the very object of section 498a of the ipc, or even complaints made under section 12 of the protection of women from domestic violence act, 2005. ..... us to cause this notice notifying that our client is ready and willing to make sincere efforts to get the matrimonial discord amicably resolved through mutual consent and additionally call upon you to desist from filing/lodging false and malicious complaints or allegations against our client and his family members if any with an intention to harass them. ..... we hereby call upon you to communicate your willingness to seek resolution of the matrimonial discard amicably and dissolution of the marriage by mutual consent within fifteen days from the date of receipt of this notice and also call upon you to desist from filing any false 7 complaint/malicious proceedings against our client and his family members. ..... the petitioner then on 13-10-2022 causes a legal notice upon the 5 wife wherein he projects himself to be suffering from mental trauma at the hands of the wife and seeks resolution of matrimonial dispute amicably and dissolution of marriage by mutual consent within ..... the aforesaid hyper-technical contention is accepted, it would act against the interests of women and the object for which the provision was added. .....
Tag this Judgment!Court : Karnataka
..... factual matrix leading to the case are that the petitioner-wife has filed the petition under 4 section 12 of the protection of women from domestic violence act, 2005 (for short dv act ), seeking injunction against the respondent-husband from committing any domestic violence, seeking relief for separate residence and also sought maintenance as well as compensation to the tune of rs.10,00,000/-. ..... benefit is awarded under section 20 of the protection of women from domestic violence act. ..... hence, under the 11 provisions of domestic violence act, question of awarding maintenance till marriage of the daughters does not arise at all and the maintenance can be granted till the attainment of age of majority by ..... hearing the arguments and after appreciating the oral and documentary evidence, the learned magistrate allowed the application under section 12 of the dv act in part directing the respondent not to commit any domestic violence and further directed that the children of the petitioner & respondent are entitled for monthly maintenance of rs.5,000/- each till they are ..... above, the maintenance to the children can be granted till they attain the age of majority under the provisions of domestic violence act. ..... making any provision for maintenance of the minor children also can be termed as domestic violence as it is not the 12 responsibility of the mother alone to maintain the ..... hence, there is material evidence to prove the domestic violence is committed by the respondent-husband as against .....
Tag this Judgment!Court : Karnataka
..... factual matrix leading to the case are that the petitioner-wife has filed the petition under 4 section 12 of the protection of women from domestic violence act, 2005 (for short dv act ), seeking injunction against the respondent-husband from committing any domestic violence, seeking relief for separate residence and also sought maintenance as well as compensation to the tune of rs.10,00,000/-. ..... benefit is awarded under section 20 of the protection of women from domestic violence act. ..... hence, under the 11 provisions of domestic violence act, question of awarding maintenance till marriage of the daughters does not arise at all and the maintenance can be granted till the attainment of age of majority by ..... hearing the arguments and after appreciating the oral and documentary evidence, the learned magistrate allowed the application under section 12 of the dv act in part directing the respondent not to commit any domestic violence and further directed that the children of the petitioner & respondent are entitled for monthly maintenance of rs.5,000/- each till they are ..... above, the maintenance to the children can be granted till they attain the age of majority under the provisions of domestic violence act. ..... making any provision for maintenance of the minor children also can be termed as domestic violence as it is not the 12 responsibility of the mother alone to maintain the ..... hence, there is material evidence to prove the domestic violence is committed by the respondent-husband as against .....
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 - 5 - nc:2023. ..... khc:35178-db wa no.891 of 2023 act, 1954, the muslim women (protection of rights on marriage) act, 2019 (applicable to muslims wives), etc. ..... respondents this writ appeal filed u/s4of the karnataka high court act praying to a) set aside the order dated1906/2023 passed by the learned single judge in wp no.11957/2023 and etc. ..... we also notice that, the government being the rule making authority under the provisions of the karnataka state civil services act, 1978 has put an end to the discrimination of daughters on - 7 - nc:2023. ..... it only directs that till the discrepancy is removed by the legislature, certain provisions of the 1961 act and the rules framed thereunder shall be ignored. ..... the lic recruitment of staff instructions vide clause 21 (ii) exclude a married daughter from being eligible for appointment on compassionate basis. .....
Tag this Judgment!Court : Karnataka Dharwad
..... quash the proceedings in cc no.1/2022 u/sec12of the protection of women from domestic violence act, 2005 which is pending on the file of iv the ..... complaint no.219/2017 against this petitioner alleging that the petitioner herein has made breach of protection order by not paying maintenance amount as per the order dated 29.07.2015 passed in crl.misc.no.306/2015 and committed offence punishable under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v. ..... respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate; (f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection order.11. ..... and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from (a) committing any act of domestic violence; - 7 - nc:2023. ..... khc-d:14623 crl.p no.102231 of 2023 (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person; (d) attempting to communicate in any .....
Tag this Judgment!Court : Karnataka
..... issue of maintenance are the special marriage act, 1954 ( sma ), section 125 of the criminal procedure code, 1973; and the protection of women from domestic violence act, 2005 ( the dv 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 ..... a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article ..... section 125 cr.p.c is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), ..... of social justice and is specially enacted to protect women and children and as noted by this court ..... has remained pending before the courts for seven years now, and the difficulties encountered in the enforcement of orders passed by the courts, as the wife was constrained to move successive applications for enforcement from time to time, we deem it appropriate to frame guidelines on the issue of maintenance, which would cover overlapping jurisdiction under different enactments for payment of maintenance, payment of interim maintenance, the ..... 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. ..... : nothing in this article shall prevent the state from making any special provision for women and children.5. .....
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