Court : Chennai
Reported in : AIR2008Mad162
..... petitioner contended that the respondent is not entitled to any maintenance since the petitioner and the respondent have not lived together at any point of time and hence the respondent cannot claim protection under any of the provisions of the 'the protection of women from domestic violence act, 2005' (hereinafter called as 'the act'). ..... application was filed under section 20 read with section 26 of the domestic violence act, 2005. ..... again in paragraph 6 the petitioner had averred as follows:i am advised to state that section 2(f), domestic violence act defines 'domestic relationship' as 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 ..... we had either married or lived together would the provisions of domestic violence act be attracted. ..... of the legislature is that even if an application is filed before the civil court or family court or a criminal court by the aggrieved person, an order shall be passed by them taking into consideration any domestic incident report received from the protection officer or the service provider, then the legislature would have incorporated such proviso as in the case of section 12(1), even in section 26 also.18. ..... section 12 reads that 'the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)MhLj856
..... the protection of women from domestic violence act, 2005, thus was introduced to provide greater safeguard and protection to the women, by providing a chance for resettlement of matrimonial home and relationship prior to actual registration of the crime under section 498a of the code. ..... the court also stated that the penal provisions of section 498a which are intended to protect women should not be used to harass relatives. ..... the radical change in judicial approach relating to criminal trial, protection of witnesses and the obligation of the presiding judge to play an effective role in the evidence collecting process and to elicit all relevant material necessary for reaching the correct conclusion to find out the truth and do justice have given rise to various seminal principles which would flow from the judgment of the supreme court in zahira habibulla h.shaikh and anr. v. ..... there is every likelihood that non-exercise of inherent power to quash proceedings to meet the ends of justice may amount to preventing women from settling earlier. ..... that the object of introducing chapter xx-a in ipc is to prevent torture to a woman by her husband or by relatives of her husband, also spelled out the need for caution by adding that a hyper-technical view would be counterproductive and would act against the interests of the women and against the object for which this provision was added. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2675; 2008(5)ALD99(SC); 2008(2)AWC1636(SC); 2008(5)BomCR441; (2009)1GLR200(SC); [2008(3)JCR14(SC)]; JT2008(3)SC530; RLW2008(4)SC3440; 2008(4)SCALE601; (2008)4SCC64; 2008AIRSCW4475; AIR2008SC2675; 2008(4)SCC649; 2008(3)CivilLJ798; 2008(3)AICLR9; 2008(2)Supreme413; 2008(5)LH(SC)3092
..... the provisions of the domestic violence act this court in s.r ..... the domestic violence act provides for a higher right in favour of ..... are the nature and gravity of the circumstances in which the offence is committed; the position and the status of the accused with reference to the victim and the witnesses; the likelihood, of the accused fleeing from justice; of repeating the offence; of jeopardising his own life being faced with a grim prospect of possible conviction in the case; of tampering with witnesses; the history of the case as well as of its investigation ..... owing to her disability founded on her status of perpetual or life long tutelage or dependence..this right of the wife to maintenance from her husband is not lost even if the husband renounce hinduism.this right subsists even after the husband's death although her husband's right as distinguished from hers may pass by survivorship or by succession to sons or even to collaterals; these simply step into the position of her husband, and she is required by hindu law ..... order was passed, purported to be on the premise, that the 3rd respondent had placed reliance on an order dated 13th may, 2005 passed by another bench of the high court in first appeal no. ..... 1792 of 2005, was filed by the 1st respondent and a division bench of the high court directed that the amount of rent deposited by him with the mamlatder be deposited in the high court and the 3rd respondent ..... judge of the high court by an order dated 5th april, 2005 directed:8. .....
Tag this Judgment!Court : Delhi
Reported in : 150(2008)DLT19; I(2008)DMC848; 2008(102)DRJ611
..... the protection of women from domestic violence act, 2005 ('the domestic violence act') by section 17 enacts the right of a woman, to reside in a shared ..... to the rights asserted by the plaintiff, this recent enactment has clothed only wives and women in domestic relationships the right to remedies of the kind sought here; domestic violence has, in this context, been defined expansively to comprehend physical violence, verbal abuse, economic deprivation and so on.29. ..... the suit for restitution of conjugal rights is a matrimonial suit, cognisable in the divorce court, which is brought whenever either the husband or the wife lives separate from the other without any sufficient reason, in which case the court will decree restitution of conjugal rights (matrimonial causes act, 1950, section 15), but will not enforce it by attachment, substituting however for attachment, if the wife be the petitioner, an order for periodical payments by the husband ..... can be viewed in the light of law commission - seventy-first report on the hindu marriage act, 1955 - 'irretrievable breakdown of marriage as a ground of divorce', para 6.5 where it is stated thus:moreover, the essence of marriage is a sharing of common life, a sharing of all the happiness that life has to offer and all the misery that has to be faced in life, an experience of the joy that comes from enjoying, in common, things of the matter and of the spirit and ..... soured and parties sought relief under the domestic partners property act, 1996. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(4)MPHT413
..... dated 29-9-2007 by learned jmfc jabalpur in proceeding under section 9(b), 37(2)(c) of protection of women from domestic violence act, 2005 (in short 'act 2005') whereby these revisions have been filed before this court.2. ..... -(a) 'aggrieved person' means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;(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 members living together as a joint family;(s) 'shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along ..... so, divorcee wife shahnaz khan in view of section 19(1)(f) of the 'act 2005' in the alternative husband ramzan khan is directed to secure same level of alternate accommodation for shahnaz khan as enjoyed by her in the shared house with the help of protection officer or he will pay rs. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2008Raj119
..... in spite of making laws for women's empowerment, by making laws, the law of maintenance for women is not only as it was but some more rights have been given to the women under the protection of women from domestic violence act, 2005. ..... i need not to give any catalogue of law enacted for protection of rights of women and in relation to the dispute which may arise out of matrimonial relation (and now, even without having matrimonial lawful relation - see the protection of women from domestic violence act, 2005),21. ..... by several amendments radical changes have been made in hindu personal law which gave several rights to the hindu women including conversion of their limited right to property into full ownership right and now share in the ancestral property by amendment in section 6 of the hindu succession (amendment) act, 2005 by which hindu daughter has been placed at par with hindu son to inherent even coparcenary and ancestral properties. ..... on 9-1-2006, stating therein that section 6 of the hindu succession act, 1956 has been amended with effect from 9-9-2005 and by said amendment, a daughter also has become coparcener and, therefore, became entitled to share in the ancestral property equal to son and section 25 of the hindu marriage act provides that before granting maintenance under section 25, the court should look into 'other property of the applicant' and 'conduct of parties as well as other circumstance of the case. .....
Tag this Judgment!Court : Delhi
Reported in : 2008(102)DRJ543
..... the petition contains two prayers - (a) for declaring the protection of women from domestic violence act, 2005 (for short 'act) as ultra virus the constitution of india and (b) to quash the proceedings before the metropolitan magistrate, new ..... challenge to the virus of the protection of women from domestic violence act is misconceived and devoid of merit. ..... of the subject statute records that - 'it is, thereforee, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to 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'. ..... nations committee convention on elimination of all forms of discrimination against women (cedaw) has recommended that states should act to protect women against violence of any kind, especially that occurring within the family. ..... not rule out the possibility of a man becoming the victim of domestic violence, but such cases would be few and far between, thus not requiring or justifying the protection of parliament.5. ..... learned counsel for the petitioner has assailed the virus of the act on the ground that inasmuch as it provides protection only to women and not to men, the statute offends article 14 of the constitution ..... the argument that the act is ultra virus the constitution of india because it accords protection only to women and not to men is, thereforee, wholly devoid of .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)2CALLT269(HC)
..... drew the attention of this court to paragraph 29 of the said reports while submitting that the opposite party is entitled to take shelter under the provisions of the protection of women from domestic violence act, 2005. ..... of 2001) against the petitioner praying for a declaration that the plaintiff/opposite party is a premises tenant in respect of the suit property under the defendant/petitioner, permanent injunction restraining the petitioner from dispossessing the opposite party from the suit property and/or creating any hindrance, obstruction in the peaceful possession of the opposite party and for mandatory injunction directing the petitioner to restore water and electric supply line in the suit ..... in view of the discussions made above, this court is of the view that the learned lower appellate court acted illegally and with material irregularity in dismissing the appeal and thereby affirming the order of the learned trial court which directed the petitioner to restore the supply of electricity to the suit ..... appears that some of the provisions of the hindu adoption and maintenance act, 1956 were also considered by the hon'ble supreme court. ..... it further appears from a perusal of the facts, as contained in the said reported case, that the matrimonial court concerned, in the said reported case, while dissolving the marriage under section 13(b) of the hindu marriage act, 1955 ordered the husband of the appellant to pay a certain sum of money per month for the maintenance of the minors .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR149; (2008)110BOMLR1797
..... of a daughter-in-law to live in her mother-in-law's house, in the light of the provisions of the protection of women from domestic violence act, 2005, (for short, 'act of 2005') was under consideration. ..... he submitted that the protection of women and domestic violence act, 2005 has and can have no application to a ..... invited my attention to the provisions in domestic violence act and submitted, the plaintiff's right as a wife of the defendant to share the home is well protected therein and the defendants have taken possession of the suit premises in flagrant violation of the provisions of the said act. ..... , have unfortunately stooped to forcibly dispossessing the plaintiff by breaking open the front door and entering the suit premises and removing her possession in her absence, have committed several criminal acts and hence the reliefs sought in the motion, deserve to be granted to protect and restore her rights in and to the suit premises. ..... therefore, in my opinion, the provisions of the act of 2005 has and can have no application to a third party, ..... , right of deserted wife to contest the eviction suit was under consideration wherein the supreme court has observed that the tenant cannot by collusion or by deliberate prejudicial act give up the protection of law to the detriment of his family members. ..... the suit is instituted under section 6 of the specific reliefs act, 1963 alleging forcible dispossession from the suit premises between 14.3.2008 and 17.3.2008 when the plaintiff was out .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(4)Raj3432
..... 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act') be quashed.2 ..... in view of these opposite assertions it is for the trial court to decide as to whether the acts or omissions by the petitioners have been committed prior to the coming into force of the act or after the act became operative and only thereafter it can decide as to whether the provisions contained in article 20(1) of the constitution of ..... am therefore, of the opinion that a female relative is not excluded from the definition of respondent contained in section 2(q) of the act.in view of the above discussion i find the contentions of learned counsel ..... section 2(q) of the act runs as under:'respondent' means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act:provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also tile a complaint against a relative ..... act respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act ..... from her in-law's house on 21.10.2007 and thereafter she is unable to maintain herself and thus the acts of the petitioners are continuing and, therefore, it cannot be said that the acts and omissions by the petitioners have been committed before coming into force of the act .....
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