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 : 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 : 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. .....
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. .....
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. .....
Tag this Judgment!Court : Karnataka
..... , section 125 of the code of criminal procedure, 1973 (applicable to all regardless of religions), sections 24 & 25 of the hindu marriage act, 1955 (applicable to hindus, in a broad sense of the term), section 37 of the divorce act, 1869 (applicable to christians), section 40 of the parsi marriage and divorce act, 1936 (applicable to parsis), section 20 of the protection of women from domestic violence act, 2005 (applicable to all persons regardless of religion and marital status), sections 36 & 37 of the special marriage act, 1954, the muslim women (protection of rights on marriage) act, 2019 (applicable to muslims wives), etc. ..... in view of the fact that the objective of compassionate appointment is beneficial, the fact that unmarried daughters have not been excluded from the definition of 'dependant family member must be given a literal, purposive and beneficial interpretation.4. ..... the scheme does not, in its terms, exclude married daughter from the ambits of the term 'dependent family member', and any daughter is entitled if she is wholly dependent. ..... , which elucidates the legal interpretation of dependency and the rationale behind precluding married daughters from eligibility for compassionate appointment. .....
Tag this Judgment!Court : Karnataka
..... respondent is getting a sum of `45,000/- per month from both the proceedings namely, under the hindu marriage act as well as under the provisions of the protection of women from domestic violence act, 2005. ..... court considers that the child is 9 years old and expenses of the child for his education would be at high and maintenance that is awarded in the case filed by the husband invoking the domestic violence act would not be enough for the wife to take care of the child and herself and also records that this court has not granted any stay of the decree of restitution of conjugal rights. ..... 17 in another proceeding where the wife had instituted proceedings invoking domestic violence act, maintenance was paid to the wife up to the date of decree of restitution of conjugal ..... the amount that the wife was being paid under the domestic violence act on an order in i.a.no.5 under section 24 of the act ceases on 02-09-2020. ..... as the contention of duplication of maintenance is concerned, it is an admitted fact that the wife is getting maintenance at `20,000/- per month in the case registered by her invoking the provisions of the domestic violence act. ..... memo of calculation is filed by the petitioner himself depicting that payment of `20,000/- in the domestic violence case was stopped on and from 02-09-2020 as the decree was passed on 28-09-2020. ..... if the petitioner had continued to pay in the domestic violence case or in the matrimonial case after the decree, it would have been a circumstance .....
Tag this Judgment!Court : Karnataka
..... 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 ..... measure of social justice especially enacted to protect women and children, - 11 - nc:2024. ..... has remained pending before the courts for seven years now, and the difficulties encountered in the enforcement of orders passed by the courts, as the wife was constrained to move successive applications for enforcement from time to time, we deem it appropriate to frame guidelines on the issue of maintenance, which would cover overlapping jurisdiction under different enactments for payment of maintenance, payment of interim maintenance, the criteria for determining the quantum ..... court by referring to article 15 (3) of the constitution of india about the object and reasoning to protect the interest and welfare of women and children - 13 - nc:2024. ..... 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 ..... (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. ..... rpfc no.186 of 2019 "nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka
..... issue of maintenance are the special marriage act, 1954 ( sma ), section 125 of the criminal procedure code, 1973; and the protection of women from domestic violence act, 2005 ( the dv 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 ..... a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article ..... section 125 cr.p.c is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), ..... of social justice and is specially enacted to protect women and children and as noted by this court ..... has remained pending before the courts for seven years now, and the difficulties encountered in the enforcement of orders passed by the courts, as the wife was constrained to move successive applications for enforcement from time to time, we deem it appropriate to frame guidelines on the issue of maintenance, which would cover overlapping jurisdiction under different enactments for payment of maintenance, payment of interim maintenance, the ..... 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. ..... : nothing in this article shall prevent the state from making any special provision for women and children.5. .....
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