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 : Karnataka
..... . after floundering of the relationship, the wife institutes several proceedings one invoking section 12 of the protection of women from domestic violence act, 2005, the other is petition for restitution of conjugal rights in m.c.no.2536 of 2015 and the third one is the impugned proceedings for it being registered on ..... by the wife are invoking the provisions of the protection of women from domestic violence act, 2005; seeking restitution of conjugal rights and the subject ..... file a domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005 ..... filing of the divorce petition by the appellant and 6 months after the filing of the domestic violence case by her mother-in-law ..... view that the fir lodged by the respondent no.2 was nothing but a counterblast to the divorce petition & also the domestic violence case.19 ..... whether the necessary 25 ingredients to constitute the alleged offence are disclosed or not as, in frivolous or vexatious proceedings, the court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection, to try and read between the lines.36 ..... context, we looked into sections 85 and 86 respectively of the bharatiya nyaya sanhita, 2023, which is to come into force with effect from 1st july, 2024 so as to ascertain whether the legislature has seriously looked into the suggestions of this court as made in preeti .....
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 : Karnataka
..... now coming to the pivotal question whether this court can exercise jurisdiction under section 482 of code of criminal procedure, to set at naught the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005, it is apposite to refer the judgment of hon'ble apex court in the case of state of haryana referred supra, where it was held that the court exercising jurisdiction is not shorn of the power under articles 226 ..... when the court is confronted with a false case or a case which does not constitute domestic violence as defined under the protection of women from domestic violence act 2005, the same cannot continue, as that would result in nuisance and harassment of the petitioner. ..... calling in question the entire proceedings before the concerned 46 court initiated under the protection of women from domestic violence act, 2005 would be maintainable, only if the proceedings are challenged on the ground of abuse of the process of the law, as the court of session is not empowered to obliterate the proceedings holding it to be an abuse of the process of the ..... is contended that the hon'ble apex court in the case of kamatchi supra held that under section 482 of code of criminal procedure, the high court cannot exercise jurisdiction to quash the proceedings under section 12 of protection of women from domestic violence act 2005, in the instant case, the proceedings before the trial court has moved on from the stage of issuing notice. .....
Tag this Judgment!Court : Karnataka
..... 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 divorce petition by the appellant and 6 months after the filing of the domestic violence case by her mother-in-law. ..... the fir lodged by the respondent no.2 was nothing but a counterblast to the divorce petition & also the domestic violence case.19. ..... necessary ingredients to constitute the alleged offence are disclosed or not as, in frivolous or vexatious proceedings, the court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection, to try and read between the lines.36. ..... , we looked into sections 85 and 86 respectively of the bharatiya nyaya sanhita, 2023, which is to come into force with effect from 1st july, 2024 so as to ascertain whether the legislature has seriously looked into the suggestions of 46 this court as made in ..... excuse, telling me it s all my fault, and it s my drama, which makes him upset everyday & never interest to engage in sexual intercourse from the ver inception of the marriage and has always been able to avoid the 10 same under the pretext of work or some other irrelevant situations marriage ..... 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
..... 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
..... (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
..... 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
..... example, there are many legislations like the hindu marriage act, 1955, the protection of women from domestic violence act, 2005, the negotiable instruments act, 1881 etc which prescribe specific time limits for the ..... a copy of such application to the party in whose favour such order has been made or the counsel of such party, the high court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the high court is closed on the last day of that period, before the expiry of the next ..... courts, while passing orders of stay in serious cases like the offences under the pc act or serious offences against women and children, must be more cautious and circumspect. ..... before the high courts or other courts relating to the pc act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on the above parameters. ..... power of doing complete justice under article 142 of the constitution of india are analogous to the constitutional provision as contained in clause (3) of article 2 226 of the constitution of india which has been inserted with effect from 1.8.1979 vide the constitution (forty-fourth amendment) act, 1978. ..... the court was dealing with a petition filed in the high court arising from a prosecution under the pc act. .....
Tag this Judgment!Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) reinforced by article 39 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article 39 of the ..... section 9 of the hindu marriage act is for protecting institution of marriage and its objective is to maintaining marital ..... act") which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities ..... section 9 of the hindu marriage act, 1955 reads as follows:- when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition - 19 - nc: ..... 15 (3) reinforced by article 39 of the constitution of india, which envisages a positive role for the state in fostering change towards the empowerment of women, led to the enactment of various legislations from time to time.6. ..... 15(3) of the constitution of india provides that:"nothing in this article shall prevent the state from making any special provision for women and children.5. .....
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