Court : Supreme Court of India
..... as matter was remitted to the high court for presumption that proceedings were pending but the fact is that no such proceedings are pending under the protection of women from domestic violence act, 2005 (for short the dv act ). ..... , and the learned counsel for the respondent, we had passed order dated september 4, 2017, thereby disposing of this petition with the following directions: (a) insofar as domestic violence proceedings before the family court are concerned, necessary documents shall be filed by both the parties within four weeks from today and evidence led pursuant thereto. ..... orders and prayed for the directions to the respondent to pay entire arrears of maintenance as per the order of the family court in domestic violence proceedings. ..... of summary nature.12) in these circumstances, the appropriate course of action would be to allow the petitioner to file an application for maintenance under the hindu adoptions and maintenance act, 1956 or under section 125 of the code of criminal procedure, 1973 so that in these proceedings, both the parties lead their documentary and oral evidence and on the basis ..... in a matter arising under a legislation meant for protecting the rights of the women, the high court should have been slow in granting interim orders, interfering with the ..... decided the appeal of the respondent reducing the maintenance from rs.2,50,000/-, as fixed by the family court, to rs.50,000/- per month, from the date of filing of the petition under section 12 of the dv act. .....
Tag this Judgment!Court : Supreme Court of India
..... sarma 6 , is recognized even by the protection of women from domestic 6 (2013) 15 scc75519 violence act, 2005 for various kinds of live-in relationships. ..... view that section 377 of the ipc be read down qua the lgbt community so as to confine it only to the offence of bestiality and non-consensual acts in view of the fact that with the coming into force of the criminal law (amendment) act, 2013 and the protection of children from sexual offences act, 2012 (pocso act), the scope of sexual assault has been widened to include non peno-vaginal sexual assault and also 21 criminalize non-consensual sexual ..... a perusal of section 377 ipc reveals that it classifies and penalizes persons who indulge in carnal intercourse with the object to protect women and children from being subjected to carnal intercourse. ..... . this right to live with human dignity enshrined in article 21 derives its life breath from the directive principles of state policy and particularly clauses (e) and (f) of article 39 and articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, .....
Tag this Judgment!Court : Supreme Court of India
..... by the petitioners that hundreds of women are being subjected to horrific acts of violence often in the guise of domestic abuse or to extract more money from the girl's natal family due to absence of any uniform system of monitoring and systematic review of 8 incidents of violence against married women which has led to dilution of ..... under article 32 of the constitution of india seeking directions to the respondents to create an enabling environment for married women subjected to cruelty to make informed choices and to create a uniform system of monitoring and systematically reviewing incidents of violence against women under section 498-a ipc including their prevention, investigation, prosecution and rehabilitation of the victims and their children at the ..... women who know that the offence is both cognizable and non-bailable and impromptu works on the complaint of the woman by placing the man behind the bars, but this cannot be a ground for denying the poor and illiterate women the protection that is offered by section 498-a ipc against cruelty, rather there is a need to create awareness specifically in the rural areas about the laws for protection of women ..... state of haryana and another2, the court observed:- 1 (2005) 6 scc281: air2005sc31002(2003) 4 scc675: air2003sc13866 "there is no doubt that the object of introducing chapter xx-a containing section 498a in the indian penal code was to prevent the torture to ..... 17 (2005) 13 scc28733 union of india18 (scc para51) it has been held .....
Tag this Judgment!Court : Supreme Court of India
..... suffice it to say, it is different from an offence committed under section 498-a or any violation of the protection of women from domestic violence act, 2005 or, for that matter, the protection conceived of under section 125 of the code of criminal procedure 52 or sections 306 or ..... in the protection of women from domestic violence act, 2005. ..... concerning inheritance and in the protection against domestic violence. ..... to underscore that this judgment does not question the authority and even the duty of the state to protect the fundamental rights of women from being trampled upon in unequal societal structures. ..... the exemption granted to women from criminal sanctions as a special provision for the benefit of women and thus, protected under article 15(3) of ..... balance between the competing interests of protecting privacy as well dignity of women in the domestic sphere, the court held: the challenge in this area is to enable the state to take the violation of the dignity of women in the domestic sphere seriously while at the same time protecting the privacy entitlements of women grounded in the identity of gender ..... broader issues such as whether (i) the punishment for adultery violates article 21; (ii) the statutory provision suffers from manifest arbitrariness; (iii) the legislature has, while ostensibly protecting the sanctity of marriage, invaded the dignity of women; and (iv) section 497 violates article 15(1) by enforcing gender stereotypes were neither addressed before this court nor .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... 20.urges all states to enact and enforce legislation to protect girls from all forms of violence, discrimination, exploitation and harmful practices in all settings, including female infanticide and prenatal sex selection, female genital mutilation, rape, domestic violence, incest, sexual abuse, sexual exploitation, child prostitution and child pornography, trafficking and forced migration, forced labour and child, early and forced marriage, and to develop age appropriate, safe, confidential and disability ..... the resolution also urged states to enact and enforce legislation to protect girls from all forms of violence, including female infanticide and prenatal sex selection, female genital mutilation, rape, domestic violence, incest, sexual abuse, sexual exploitation, child prostitution and child pornography, and to 21 develop age appropriate safe and confidential programmes and medical, social and psychological support services to assist girls who are subjected to violence. ..... considering the wide prevalence of violence against women and children in different forms, the legislature has enacted several acts in order to ensure gender justice and to take 16 care of cry of female foetus. ..... amarmani tripathi, (2005) 8 scc21for this purpose. ..... , (2005) 4 scc303 tata chemicals ltd. v. .....
Tag this Judgment!