Court : Supreme Court of India
..... the mention of the divorce petition filed by raveen was made in the plaint and it was pleaded that the defendant as a counter blast has filed the complaint case under the protection of women from domestic violence act, 2005 in which interim order directing the plaintiff not to alienate and not to dispossess the defendant without order of the competent court has been passed. 67. ..... the broad and inclusive definition of the term shared household in the protection of women from domestic violence act, 2005 is in consonance with the family patterns in india, where married couple continue to live with their parents in homes owned by parents.75. ..... taruna batra, (2007) 3 scc169has not correctly interpreted the provision of section 2(s) of protection of women from domestic violence act, 2005 and does not lay down a correct law?. ..... that the suit filed by the plaintiff is directly in conflict with the right of the defendant to reside in her matrimonial residence/shared household granted to her by the legislature and specifically envisaged in section 17 and 19 of the protection of women from domestic violence act, 2005 and as such is liable to be dismissed at the threshold. ..... the seemingly radical provisions comprised in the protection of women from domestic violence act, 2005 must be understood and appreciated in light of the prevalent culture and ethos in our society.60. .....
Tag this Judgment!Court : Supreme Court of India
..... the appellant also instituted an application under section 12 of the protection of women from domestic violence act 2005, which is pending in the court of the metropolitan magistrate at ..... that she has been compelled to leave the matrimonial home due to domestic violence and abuse. ..... to singapore where she is employed and resides; 12 (iii) the appellant is permitted to make suitable arrangements to facilitate the travel to and admission of the child in a school in singapore; (iv) the respondent shall, within a period of 48 hours from the receipt of this judgment, handover the passport of the child to the appellant; (v) the appellant shall be exclusively entitled to take necessary steps for renewing the passport of the child or, if required, for obtaining a fresh ..... on 1 march 2018, the family court passed an order in ia no.5 filed by the respondent seeking interim custody and visitation rights and directed the appellant or her parents (who had moved from noida to bengaluru to help the appellant with the child) to produce the child before the mediation centre on every third saturday, at 11:00 am to allow for visitation by the respondent till ..... writ petitions were pending, in november 2018, the appellant filed an application (ia no.11) in the proceedings in mc no.4484 of 2016 before the family court under section 26 of the hindu marriage act 1955 to allow the child to travel to singapore during his christmas vacations, commencing on 14 december 2018 and ending on 2 january 2019. .....
Tag this Judgment!Court : Supreme Court of India
..... strict standard of proof is not necessary.10 (e) protection of women from domestic violence act, 2005 ( d.v. ..... and the protection of women from domestic violence act, 2005 ( d.v. ..... monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of domestic violence and such relief may include, but is not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an ..... magistrate must be satisfied that the application filed by the aggrieved woman discloses that the respondent is committing, or has committed an act of domestic violence, or that there is a likelihood that the respondent may commit an act of domestic violence. ..... 22 provides that the magistrate may pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence perpetrated by the respondent. ..... aggrieved person has been defined by section 2(a) to mean any woman who is, or has been, in a domestic relationship with the respondent, and alleges to have been subjected to any act of domestic violence. ..... domestic violence has been defined in section 3 of the act, which includes economic abuse as defined in explanation 1 (iv) to section 3, as .....
Tag this Judgment!Court : Supreme Court of India
..... residing in her matrimonial home as the lawfully wedded spouse of the fourth respondent and she cannot be evicted from her shared household, in view of the protection offered by section 17 of the protection of women from domestic violence act 200511; 11 pwdv act 2005 8 part b (ii) the proceeding under sections 3 and 4 of the senior citizens act 2007 was filed by her mother-in-law and father-in-law in connivance with her estranged spouse to deprive her ..... protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence ..... , parliament enacted a legislation which would provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society . ..... 1 judgment dr dhananjaya y chandrachud, j index a background b submissions c legislative scheme: senior citizens act 2007 d a woman s right of residence: safeguard against domestic violence e harmonising competing reliefs under the pwdv act 2005 and senior citizens act 2007 f summation 2 part a a background 1 the present dispute arises out of an application filed .....
Tag this Judgment!Court : Supreme Court of India
..... routinely denied to dalit women, where their labour was exploited, and no protection available in their places of work, where to be in bondage to a landlord or petty trader was commonplace, and at all times they are viewed as sexually available, and humiliated in their bodily being, sexual violence emerged as not an exceptional act of violence, but the most concentrated expression of a fundamental animus against dalits 46 48 the above discussion highlights the social and economic context in which sexual violence against women from sc & st communities occurs ..... 60 the parliament standing committee report on atrocities against women and children has observed that, high acquittal rate motivates and boosts the confidence of dominant and powerful communities for continued perpetration and recommends inclusion of provisions of sc & st act while registering cases of 39 part c53gendered violence against women from sc & st communities . ..... mohanty, abuse and activity limitation: a study on domestic violence against disabled women in odisha, available at 20 part c in the same vein, a 2011 study found that 21 percent of the 314 women with disabilities surveyed had faced emotional, physical or sexual violence from 29 someone other than their intimate partner. ..... in 2018, section 376 has been further amended by the criminal law 54 (2005) 8 scc1 44 part c amendment act 2018 (act 22 of 2018) by which the minimum punishment has been enhanced to ten years, with the maximum punishment remaining the same .....
Tag this Judgment!Court : Supreme Court of India
..... sections 28 and 32 of the protection of women from domestic violence act, 2005 r/w rule 15(6) of the protection of women from domestic violence rules 2006, makes the provisions of criminal procedure code applicable. ..... the present proceedings arise out of an application preferred by the appellant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act ), which was numbered as d.v.c. ..... submissions made by shri ranjit kumar on the issue of limitation, in view of the provisions of section 468 crpc, 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 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... it has been held in inderjit singh grewal21 that section 468 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. ..... in the 2005 act, the definition of aggrieved person clearly postulates about the status of any woman who has been subjected to domestic violence as defined under section 3 of the said act. .....
Tag this Judgment!Court : Supreme Court of India
..... vkv sarma,26 this court observed that the definition of the expression domestic relationship in section 2(f) of the protection of women from domestic violence act 2005 is restrictive since it is defined by the use of the term means . ..... in addition to the above, it has also to be noticed that the objects for which the tamil nadu act, the maharashtra act and the pondicherry act were enacted, are identical, namely, to protect the interests of small depositors from fraud perpetrated on unsuspecting investors, who entrusted their life savings to unscrupulous and fraudulent persons and who ultimately betrayed their trust.51. ..... act 1999 31 the goa protection of interests of depositors (in financial establishments) act 1999 32 the telangana protection of depositors of financial establishments act 1999 33 the andhra pradesh protection of depositors of financial establishments act 1999 34 the sikkim protection of interests of depositors (in financial establishments) act 2000 42 deposit, dealership deposit or an advance amount is excluded from the definition of the phrase deposit . ..... 6 the high court s judgment...................................................................71 2 1 the appeal arises from a judgment dated 22 august 2019 of the bombay high court, by which certain notifications attaching the property of the respondent under section 4 of the maharashtra protection of interest of depositors (in financial establishments) act 19991 have been quashed. .....
Tag this Judgment!Court : Supreme Court of India
..... with the aforesaid averments, the aggrieved person approached the court of the special judicial magistrate under section 12 and sought protection orders, residence orders and compensation orders to be passed under various provisions of the protection of women from domestic violence act, 2005 (for short, the d.v. ..... learned amicus curiae for the appellant-aggrieved person referred to rule 5 of the protection of women from domestic violence rules, 2006 (for short, the d.v. ..... act has been enacted to protect a woman from domestic violence and there cannot be any fetter which can come in the way by interpreting the provisions in a manner to mean that unless the domestic relationship continues on the date of the application, the provisions of the d.v ..... act is to protect a woman from domestic violence, the salutary object of sub-section (1) of section 17 is to confer a right on every woman in a domestic relationship to have the right to reside in a shared household ..... whether the consideration of domestic incidence report is mandatory before initiating the proceedings under domestic violence act, 2005 in order to invoke substantive provisions of sections 18 to 20 and 22 of the said act?. ..... act is a piece of civil code which is applicable to every woman in india irrespective of her religious affiliation and/or social background for a more effective protection of her rights guaranteed under the constitution and in order to protect women victims of domestic violence occurring in a domestic .....
Tag this Judgment!Court : Supreme Court of India
..... , under section 12 of the protection of women from domestic violence act, 2005, pending before the judicial magistrate court (mahila court), madurai, state of tamil nadu to the competent judicial magistrate court at bangalore, state of karnataka.3. ..... under section 406 of the code of criminal procedure, 1973 read with order xxxix rule 1 of the supreme court rules, 2013 seeking transfer of criminal proceedings being c.c.no.631 of 2014, titled as the 2 inspector of police, all women s police station, madurai south vs. .....
Tag this Judgment!Court : Supreme Court of India
..... prashant ojha1 observed: this is an unfortunate case where the provisions of the protection of women from domestic violence act, 2005 are rendered simply a pious hope of the parliament and a teasing illusion for the appellant . ..... , the protection of children from sexual offences act, 2012 (for short pocso act ), has been throttled at the threshold by the exercise of power under section 482 of the code of criminal procedure, 1973 (for short cr.p.c. ..... articles 3 (2) and 34 of the convention have placed a specific duty on the state to protect the child from all forms of sexual exploitation and abuse.15. ..... be that as it may in view of the decision in shankar kisan rao khade s case (supra) holding non-reporting of such a crime as serious and in view of the position obtained from a conjoint reading of sections 19(1) and 21 of pocso act, such persons are also liable to be proceeded with, in accordance with law. ..... the said order was challenged before the high court and the high court allowed the appeal and granted him protection from page 6 of 28 arrest. ..... certainly, such provisions are included in with a view to ensure strict compliance of the provisions under the pocso act and thereby to ensure that the tender age of children is not being abused and their childhood and youth is protected against exploitation.12. ..... failure to report regarding the commission of the offence under the pocso act despite knowledge about the same is the accusation against the respondent revealed from the charge-sheet. .....
Tag this Judgment!