Court : Mumbai
..... according to learned counsel for the appellant, the trial court has failed to consider these aspects and especially the appellant s right of residence in her matrimonial home, which is recognized under the protection of women from domestic violence act, 2005 (hereinafter referred to as, d.v. ..... hence keeping in view the rights guaranteed under article 14, 15, and 21 of the constitution of india and in order to provide for a remedy under the civil law, for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society, the act was enacted to provide her various reliefs. 43. ..... in such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005. 55. ..... no restrictive meaning has been given to the expression relative , nor has the said expression been specifically defined in the domestic violence act, 2005, to make it specific to males only . 14. ..... the other aspect, which this court wishes to highlight, is that the 2005 act applies to all communities, and was enacted "to provide more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family". .....
Tag this Judgment!Court : Mumbai Nagpur
..... proceedings under the protection of women from domestic violence act, 2005. ..... last contention raised by learned counsel for respondent regarding acquittal of husband in criminal case under section 498a of the indian penal code and rejection of application filed by wife under the protection of women from domestic violence act question arises whether the allegations alone in those proceedings would help the husband to support his submission that wife treated him with cruelty. ..... she initiated proceedings under section 9 of the hindu marriage act for restitution of conjugal rights, filed an application for maintenance under section 125 of the code of criminal procedure and lodged a complaint under protection of women from domestic violence act stating that husband treated her with cruelty, misbehaved and refused to cohabit with ..... respondent are not applicable as in the present case there is no iota of evidence to indicate that allegations made by wife in the proceedings under section 498a of the indian penal code and under the protection of women from domestic violence act were intentional, false and vexatious amounting to mental cruelty. 24. ..... out that application filed by wife under the protection of women from domestic violence act also came to be rejected. ..... his evidence also indicates that he had high expectations from wife and desired that she should stay in joint family, attend the domestic work even when husband resides away at the distance of 450 kilometers from his house. .....
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