Court : Supreme Court of India
..... a domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005.18. ..... , the fir no.95 of 2021 dated 09.04.2021 came to be lodged after a period of more than 11 months from page 12 of 36 the date the first informant left her matrimonial home and that too, only after the service of summons to her in the domestic violence case. ..... the appellant herein made the following submissions: - the appellant and his family had filed a divorce petition and also a domestic violence case against the first informant in 2019 and 2020 respectively. ..... of the divorce petition by the appellant and 6 months after the filing of the domestic violence case by her mother-in-law. ..... 13 of 36 the domestic violence case filed against the first ..... the fir lodged by the respondent no.2 was nothing but a counterblast to the divorce petition & also the domestic violence case.19. ..... a teacher and she used to leave the house at 7:00 hrs in the morning for the school and the first informant used to do all household works and when her mother-in-law returned from the school, she deliberately used to point out defects in her work and used to taunt the first informant that your family should have given gold bangles to me and now, you would ..... apprehending arrest in a case under section 498a of the ipc and section 4 of the dowry prohibition act, 1961, prayed for anticipatory bail before this court, having failed to obtain the same from the high court. .....
Tag this Judgment!Court : Supreme Court of India
..... (i) a missing children s report on 19.08.2015; and thereafter (ii) an application under section 12 of the protection of women from domestic violence act, 2005 (the dv act ) on 17.08.2015. ..... leaving this part of the appeal, one particular paragraph in the acp skeleton argument deserves to be widely understood and, i would strongly urge, accepted: 'much like an allegation of domestic abuse; the decision about whether or not a parent has alienated a child is a question of fact for the court to resolve and not a diagnosis that can or should ..... wellbeing of the children; (iii) the ability to provide physical surroundings conducive to growing adolescents but also take into consideration the preference of the minor children as mandated under section 17(3) of the act.3 furthermore, we are equally conscious that the stability of surrounding(s) of the minor children is also a consideration to be weighed appropriately.413. ..... she shall also be entitled to visit the minor children and take them out with her from 10:00 am to 5:00 pm, on every second and fourth sunday, at the station, where the minor children are staying, ..... petition under section 7, 9 and 25 of the guardian and wards act, 1890 (the act ) before the family court seeking custody of the minor children on 21.11. ..... consideration of the court whilst deciding an application for guardianship under the slp (c) no.28466 of 2023 page 12 of 27 act in exercise of its parens patriae jurisdiction would be the welfare of the minor children.19. .....
Tag this Judgment!Court : Supreme Court of India
..... the immoral traffic (prevention) act, 1956 the information technology act, 2000 the indecent representation of women (prohibition) act, 1986 (b) legal maxims (c) medical ..... act, 1984, the environment (protection) act, 1986, the wild life (protection) act, 1972, the indian penal code, 1860, the code of criminal procedure, 1973, the indian evidence act, 1872, the narcotic drugs & psychotropic substances act, 1985, the negotiable instruments act, 1881, the protection of children from sexual offence act, 2012, the juvenile justices (care & protection of children) act, 2015, the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, the prevention of corruption act, 1988 the electricity act, 2003, the protection of women from domestic violence act, 2005 .....
Tag this Judgment!Court : Supreme Court of India
..... the crpc is independent of and in addition to maintenance that could be awarded under the protection of women from domestic violence act, 2005 (for short, 2005 act ) which is applicable to an aggrieved woman in a shared household as defined under the provisions of the aforesaid act.8. ..... 8 scc90 this court while considering section 17 along with other provisions of the domestic violence act, 2005 opined as under: 60. ..... thus, the 1986 act expands the protection of women and ought to ..... the preamble of the 1986 act reads as under: an act to protect the rights of muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected ..... therefore, appear to be violative of article 14 of the constitution mandating equality and equal protection of law to all persons otherwise similarly circumstanced and also violative of article 15 of the constitution which prohibits any discrimination on the ground of religion as the act would obviously apply to muslim divorced women only and solely on the ground of their belonging to the muslim religion. ..... therefore, appear to be violative of article 14 of the constitution mandating equality and equal protection of law to all persons otherwise similarly circumstanced and also violative of article 15 of the constitution which prohibits any discrimination on the ground of religion as the act would obviously apply to muslim divorced women only and solely on the ground of their belonging to the muslim religion. .....
Tag this Judgment!Court : Supreme Court of India
..... application no.4622 of 2016 under section 12 of the protection of women from domestic violence act, 20053 before judicial magistrate, gautam budh nagar, wherein an application seeking interim maintenance had also been filed by her under section 23 of the pwdv act. ..... therefore, we are of the opinion that while the interest of the appellant-wife to be compensated needs to be protected through a one-time settlement, this is a fit case to exercise the discretionary powers vested in this court under article 142 of the constitution of india and to dissolve the marriage ..... also apparent from the record that complaint for cruelty, hurt, and dowry demand against the respondent was registered by the appellant within the first 11 months of their marriage followed by an application seeking protection under section 12 of pwdv act filed by ..... respondent has vehemently contested this and has impressed upon his submission that the daughter is appellant s child from her previous marriage and she had received rs.40 lakhs as permanent alimony in that case towards the maintenance of the ..... by the respondent, the proceedings in application no.4622 of 2016 under section 12 of pwdv act and criminal application no.41/2019 under section 31(1) of pwdv act were transferred to tis hazari courts, delhi vide order dated 13.08.2021 passed by this court ..... interim maintenance is now closed with the dissolution of the marriage, the interest of the wife still needs to be protected so that she does not suffer financially. .....
Tag this Judgment!Court : Supreme Court of India
..... protection of women from domestic violence act, 2005 seeks to punish humiliation based on gender inequalities by specifically including the term humiliation in the definition of domestic ..... kerala reported in (2021) 1 scc733while discussing in the context of section 7 of the muslim women (protection of rights on marriage) act, 2019, elaborated on the requirement of the existence of a prima facie case under section 18 of the act, 1989 for the bar of anticipatory bail to become applicable, as follows: 25 ..... proposed to enjoining on the states and the union territories to take specific preventive and punitive measures to protect the scheduled castes and the scheduled tribes from being victimised and where atrocities are committed, to provide adequate relief and assistance to rehabilitate them.21. ..... in 431 bc, an athenian statesman described that the concept of liberty was the outcome of two notions, firstly, protection of group from attack and secondly, the ambition of the group to realise itself as fully as possible through the self-realisation of the individual by way ..... , this court observed that if the complaint does not make out a prima facie case for applicability of the provisions of the act, 1989 then the bar created by sections 18 and 18-a(i) shall not apply and thus the court would not be precluded from granting pre-arrest bail to the accused persons.36. justice ravindra bhat, in his concurring judgment, observed that while considering any application seeking pre-arrest .....
Tag this Judgment!Court : Supreme Court of India
..... before the family court, dungarpur, rajasthan and (iii) petition under sections 12 and 23 of protection of women from domestic violence act, 2005 pending before the chief judicial magistrate, dungarpur, rajasthan. ..... apart from divorce petition, there are other proceedings pending between the parties which have been filed by the petitioner-wife at dungarpur, rajasthan viz; (i) fir under section 498-a and 406 ipc and under section 4 of the dowry prohibition act; (ii) petition under section 125 cr.p.c. ..... no.1668 of 2015 before the family court, ahmedabad under section 13(1) of the hindu marriage act, 1955 of which the petitioner-wife seeks transfer.3. ..... the transfer petition is strongly objected to by the respondent- husband on the ground that he is employed in ahmedabad and that he is taking care of his two sons, apart from his aged parents. .....
Tag this Judgment!Court : Supreme Court of India
..... the respondent initiated proceedings under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the d.v. ..... 12, the magistrate may, on being satisfied that domestic 8 violence has taken place, pass a residence order - (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) directing the respondent to remove himself from the shared household; (c) restraining the respondent or any of his relatives from entering any portion of the shared household in which ..... act and the desirability to construe the provisions liberally in favour of women seeking relief, as it is in the nature of a social legislation meant for protection of women s rights. ..... the direction, inter alia, can include an order restraining dispossession or a direction to remove himself 9 on being satisfied that domestic violence had taken place.16. ..... the factual matrix of the present case is such that one would have to look to the definition clauses relevant for the determination of the controversy contained in section 2 as under: 2(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family .....
Tag this Judgment!Court : Supreme Court of India
..... procedure under section 14 of the protection of women from domestic violence act, 2005, of counseling should be made mandatory before registration of a case under section ..... the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the magistrate will authorize detention; 11.5 the decision not to arrest an accused, be forwarded to the magistrate within two weeks from the date of the institution of the case with a copy to the magistrate which may be extended by the superintendent of police of the district for the reasons to be recorded in writing; 11.6 notice of appearance in terms of section 41a of cr.pc be served ..... to instruct its police officers not to automatically arrest when a case under section 498-a of the ipc is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41, cr.pc; 11.2 all police officers be provided with a check list containing specified sub-clauses under section 41(1)(b)(ii); 6 (2014) 8 scc2739 11.3 the police officer shall forward the check list duly filed and ..... of 2008 dated 4th august, 2008 directed issuance of following guidelines: it must also be borne in mind that the object behind the enactment of section 498-a ipc and the dowry prohibition 1 2 3 4 (2005) 6 scc281(2010) 7 scc667(2010) 13 scc540ilr (2003) i delhi 484 7 act is to check and curb the menace of dowry and at the same time, to save the matrimonial homes from destruction. .....
Tag this Judgment!Court : Supreme Court of India
..... of minerals without paying royalty in accordance with the quantities and grade; d mining in contravention of a mining plan; e transportation of raised mineral without lawful authority; f mining and transportation of raised mineral in contravention of applicable central and state acts and rules thereunder; g conducting of multiple trade transactions to obfuscate the origin and source of minerals in order to facilitate their disposal; h tampering with land records and obliteration of inter-state boundaries with a view to conceal mining ..... it appears from the averments in paragraph 14 of the writ petition that several lessees are operating without clearances under the environment (protection) act, 1986 and the forest (conservation) act, 1980, and without renewal by the government. ..... these will include works/projects related to livelihood intervention, health, water supply and sanitation, education, special programmes for development of women and children, entrepreneurial development of local people, communication and infrastructure projects and agro silvi-horticultural based livelihood projects through identified agencies/government departments. ..... in proforma b the lease holder was asked to submit details which included the details of dispatch, domestic consumption and export in million tonnes of iron ore and manganese ore from 2006-07 to 2010-11.38. ..... mehta two clarificatory circulars were issued by moef on 28th october, 2004 and 25th april, 2005. .....
Tag this Judgment!