Court : Karnataka Dharwad
..... quash the proceedings in cc no.1/2022 u/sec12of the protection of women from domestic violence act, 2005 which is pending on the file of iv the ..... complaint no.219/2017 against this petitioner alleging that the petitioner herein has made breach of protection order by not paying maintenance amount as per the order dated 29.07.2015 passed in crl.misc.no.306/2015 and committed offence punishable under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v. ..... respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate; (f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection order.11. ..... and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from (a) committing any act of domestic violence; - 7 - nc:2023. ..... khc-d:14623 crl.p no.102231 of 2023 (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person; (d) attempting to communicate in any .....
Tag this Judgment!Court : Karnataka Dharwad
..... couple appears to have turned sore, pursuant to which, among other proceedings the respondent-wife files a petition in crl.misc.no.2/2009 invoking section 12 of the protection of women from domestic violence act, 2005 ( act for short). ..... sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of ..... only issue that falls for my consideration is, whether the maintenance awarded under the domestic violence act can be sought to be enhanced under the cr.p.c.?. 5 8. ..... person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the ..... chapter, (a) minor means a person who, under the provisions of the indian majority act, 1875 (9 of 1875), is deemed not to have attained his majority; (b) wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. .....
Tag this Judgment!Court : Karnataka Dharwad
..... passed in c.mis.no.70/2014 which was filed by the mother of respondent/plaintiff in the court below, along with her five children namely, mahantesh, padmini, pooja, keerthinath and sukanya, under sections 18 to 20 and 22 of the protection of women from domestic violence act, 2005, which was disposed of by order dated 01.08.2015; the order dated 03.06.2014 passed on an application filed under section 23 of the ..... the petition which was filed under protection of women from domestic violence act, has reached finality in providing protection order to the wife and children by order dated 01.08.2015 and it is seen that some of the orders therein are pending consideration before the principal district and sessions judge, gadag, in ..... after hearing the learned counsel for the appellant and the respondent and also on going though the records in o.s.no.12/2014 from which the present appeal arises and also other documents, it is clearly seen that the family of the appellant is divided vertically with appellant herein on one side and his wife and their five ..... judge, family court, gadag, which was filed under section 9 of the hindu marriage act, by the respondents mother against the appellant herein, which was allowed by the aforesaid order and the decree drawn thereunder in the said proceedings; the appeal ..... the said suit in o.s.no.12/2014 was filed under section 20 of the hindu adoption and maintenance act, along with invoking the provisions of order vii rule 1 of the code of civil procedure.3 .....
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..... the respondent has filed a petition under s.12 of the protection of women from domestic violence act, 2005 (for short, the act ), in crl. ..... at this juncture, we are obliged to state that though it may be difficult to state that the judgment suffers from sans reasons, yet it is not at all difficult to say that the reasons ascribed are really apology for reasons. ..... the filament of reasoning must logically flow from requisite analysis, but, unfortunately, the said exercise has not been carried out. 8. ..... i.a.2 filed therein by her, under s.21 of the act, seeking custody of the minor girl child tazin was dismissed by the learned magistrate vide order dated 03.11.2014. 5. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the respondent has filed a petition under s.12 of the protection of women from domestic violence act, 2005(for short, the act ), in crl. ..... at this juncture, we are obliged to state that though it may be difficult to state that the judgment suffers from sans reasons, yet it is not at all difficult to say that the reasons ascribed are really apology for reasons. ..... the filament of reasoning must logically flow from requisite analysis, but, unfortunately, the said exercise has not been carried out. 8. ..... i.a.2 filed therein by her, under s.21 of the act, seeking custody of the minor girl child tazin was dismissed by the learned magistrate vide order dated 03.11.2014.5. .....
Tag this Judgment!Court : Karnataka Dharwad
..... respondent filed application vide annexure - e, on 23.11.2015, under s.12 of the protection of women from domestic violence act, 2005 (for short, the act) for grant of the reliefs in terms of ss.18, 19, 20, 22 and 23 ..... 2015 on the basis of the complaint filed by the respondent for the offences punishable under sections 18, 19, 20, 22, 23 of the protection of women from domestic violence act, 2005. ..... order to maintain an application, under s.12 of the act, what is required to be brought to the notice of the magistrate is the particulars of relationship, as defined under s 2(f) of the act and the domestic violence, in terms of s.3 of the act, committed by the accused. ..... petitioner being not a relative of the husband of the respondent or the respondent, will have no interest in raising any demand for dowry or causing domestic violence and / or keep the ornaments of the respondent, with her. ..... m.m, palil, learned advocate, contended that the respondent is not an 'aggrieved person' to claim any relief against the petitioner, under the provisions of the act, as (i) there did not exist domestic relationship between the parties; (ii) the respondent did not live with the petitioner in a shared household; and (iii) that they are not related by consanguinity ..... for consideration is, whether there was domestic relationship, as defined in s.2(f) of the act, between the respondent and the petitioner and whether the respondent can maintain application under s.12 of the act, against the petitioner? 7. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the respondent filed application vide annexure e, on 23.11.2015, under s.12 of the protection of women from domestic violence act, 2005 (for short, the act) for grant of the reliefs in terms of ss.18, 19, 20, 22 and ..... 165/2015 on the basis of the complaint filed by the respondent for the offences punishable under sections18 19, 20, 22, 23 of the protection of women from domestic violence act, 2005. ..... order to maintain an application, under s.12 of the act, what is required to be brought to the notice of the magistrate is the particulars of relationship, as defined under s.2(f) of the act and the domestic violence, in terms :6. ..... petitioner being not a relative of the husband of the respondent or the respondent, will have no interest in raising any demand for dowry or causing domestic violence and / or keep the ornaments of the respondent, with her. ..... the point for consideration is, whether there was domestic relationship, as defined in s.2(f) of the act, between the respondent and the petitioner and ..... will be abuse of process of law to allow the said prosecution to continue against the petitioner, who, apart from being a widow and without issues, is an aged person and living alone.10. ..... : the act, as (i) there did not exist domestic relationship between the parties; (ii) the respondent did not live with the petitioner in a shared household; and (iii) that they are not related by ..... without any application of mind and acting mechanically the case was registered and notice was issued to the .....
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..... legislature in its wisdom has introduced the protection of women from domestic violence act, 2005 and deemed it fit to enlarge the ..... section 2(f) of the protection of women 6 from domestic violence act, 2005, defines the relationship to also mean the ..... of the first marriage and in order to address the plight of this section of the fairer sex, the legislature choose to embrace the wider concept and consequentially has 9 afforded protection not only to legally wedded wife but also to women who is in a domestic relationship, which cannot be strictly termed as marriage but is a relationship which is in the nature of marriage. ..... in the event, it is demonstrated by the party that she was in domestic relationship with the deceased then the said person is also entitled for protection and the hon ble apex court while dealing with the said contingencies has in fact recognized the legality of a live-in relationship in its ..... it is held that the women who have shared domestic relationship in the nature of marriage are also entitled to be classified as legal representatives and can stake a claim to the personal estate of the person who shared a domestic relationship with them. ..... petitions are not maintainable, till a finding is rendered as to who of the two is the legally wedded wife of the deceased person in accordance with the provisions of the hindu succession act and he has concluded only such person, who is declared to be a legally wedded wife is entitled for compensation under the m.v. .....
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..... subsequently the legislature in its wisdom has introduced the protection of women from domestic violence act, 2005 and deemed it fit to enlarge the scope for seeking maintenance. ..... section 2(f) of the protection of women from domestic violence act, 2005 defines the relationship to also mean the relationship in the nature of marriage. ..... note of the act that a section of the ladies, who has either been deliberately cheated or who has fallen prey to circumstance, by having entered into the contract of marriage during subsistence of the first marriage and in order to address the plight of this section of the fairer sex, the legislature choose to embrace the wider concept and consequentially has afforded protection not only to legally wedded wife but also to women who is in a domestic relationship, which cannot ..... in the event, it is demonstrated by the party that she was in domestic relationship with the deceased then the said person is also entitled for protection and the hon'ble apex court while dealing with the said contingencies has in fact recognized the legality of a live in relationship on its judgment reported in 2010(10) scc 469. 9. ..... in view of the above discussions, it is held that the women who have shared domestic relationship in the nature of marriage are also entitled to be classified as legal representatives and can stake a claim to the person estate of the person who shared a domestic relationship with them. .....
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..... ) and jmfc, gadag, which was filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act', for short), approached this court seeking quashing of the entire proceedings against them ..... also, she claimed before the trial court that the court has to pass a protection order preventing the respondents therein from committing domestic violence against her and also for residence and maintenance to her and her child. ..... the husband and the other members are in the joint family house, then that can be called as 'shared house' and other relatives of husband, in fact, can also be made as parties to restrain them from committing any domestic violence by throwing out the wife from the shared house. ..... the threshold, the petition cannot be quashed and the petitioners in fact have to approach the trial court and file appropriate application showing that there was no act of domestic violence committed by them against the petitioner therein. ..... of the learned counsel by submitting that there are sufficient pleadings in the petition as to how the petitioners herein have ill-treated, harassed and caused domestic violence against the 1st respondent herein and in fact the relief is claimed against all the petitioners. ..... merits, to order that the petitioners herein have to allow the 1st respondent to reside in the matrimonial home itself and the court has also got power to restrain the petitioners from causing any domestic violence against the wife. 10. .....
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