Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... the respondent had filed c.misc.no.48 of 2010 before the learned iii additional civil judge and jmfc, mysuru under the provisions of protection of women from domestic violence act, 2005 (hereinafter referred to as 4 the dv act for the sake of brevity) and got an ex-parte order, directing the appellant to arrange for a house and also got issued a non-bailable warrant against the appellant. ..... pronouncements by the hon ble apex court make it clear that it cannot be considered as wrong on the part of the husband, to take advantage to file a petition seeking decree of divorce and the husband could not have been barred from invoking section 27(2)(ii) of the act of 1954 for non compliance of the directions for restitution of conjugal rights.30 ..... . similar to the amendment to section 13 of the act of 1955 by insertion of sub section (1-a) by act no.44 of 1964 with effect from 20/12/1964, section 27 of the act of 1954, was also amended by insertion of sub section (2) clauses (i) and (ii) by act 29 of 1970 with effect from 23 12/08/1970 ..... . the objective with which the amendment act 29 of 1970 was introduced with effect from 12/08/1970 is to be borne in mind while considering this relevant provision under the enactment.29 ..... . section 27 of the act of 1954 was renumbered as sub section (1), clauses (i) and (j) were omitted and section 27(2) (i) and (ii) of the act of 1954 was inserted by act 29 of 1970 with effect from 12/08/1970 .....
Tag this Judgment!Court : Karnataka
..... of the revision petition are as under: wife filed an application in c.misc.no.3/2010 on the file of the principal civil judge and jmfc, doddaballapur under section 12 of the provisions of the protection of women from domestic violence act, 2005 [hereinafter referred to as dv act for short]..4. ..... protection of women from domestic violence act, 2005 ..... also pointed out that the act is meant for protecting the women from the domestic violence and without noticing the said aspect of the matter, the learned judge in the first appellate court granted the relief to the husband which is not at all permissible, having regard to the object and scope of the domestic violence act, and prayed for allowing ..... 15 scc755wherein it is ruled as under:"domestic violence act is enacted to provide a remedy in civil law for protection of woman, from being victims of such relationship and to prevent the occurrence of the domestic violence in the society. ..... worth to quote the judgment of bombay high court in the case of ishpal singh kahai vs.ramanjeettkahai reported in 2011 online bom 412 wherein bombay high court held that the object of the domestic violence act is to grant statutory protection to the victims of violence in the domestic sector who had no proprietary rights. ..... law were not sufficient enough to deal with the situations referred to supra, domestic violence act came into force on and from 13.09.2005. ..... protection order under section 18:- prohibiting acts of domestic violence to me and to my parents from .....
Tag this Judgment!Court : Karnataka
..... that the respondent/wife filed a petition before the trial court under section 12 of the protection of women from domestic violence act, 2005 (for short d.v. ..... counsel for both the parties, the point that arises for my consideration is: whether filing of petition under section 12 of d.v.act in the form-ii as prescribed under rule 6(1) of the protection of women from domestic violence rules, 2006 is mandatory?. 7 7. ..... contending that the petition is not maintainable as it was not filed in the form prescribed under rule 6(1) of the protection of women from domestic violence rules, 2006 (for short d.v.rules) and prayed for dismissing the petition as not maintainable. ..... rule 6 of the protection of women from domestic violence rules is to the effect that every application of the aggrieved person under section 12 shall be in form ii ..... prescribed the format only to facilitate the deserted women / victim of the domestic violence, even for helping illiterate women for approaching the court and making out their case before the magistrate in simple form as prescribed as per form-ii and it is only an optional and even the women are permitted to file the petition like any ..... act provides a right for a woman, who suffers domestic violence, to file a ..... if the petitioner narrates the domestic violence committed on her, in detail, that itself is not a ground to dismiss the petition on the ground of maintainability and in support of his argument, the learned counsel contended that in a similar situation .....
Tag this Judgment!Court : Karnataka
..... apart from the above, we are of the opinion that the house in question cannot be said to be a shared household within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act). ..... such son, daughter, daughter-in- law, son-in-law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under protection of women from domestic violence act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. ..... where a family member leaves the shared household to establish his own household, and actually establishes his own household, he cannot claim to have a right to move an application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... in that background respondent filed a complaint under section 12 of domestic violence act (hereinafter called as dv act, for short). ..... if this meaning is given to the shared household then the whole purpose of domestic violence act shall stand defeated. .....
Tag this Judgment!Court : Karnataka
..... an application under section 12 of the protection of women from domestic violence act, 2005 (in 4 short act 2005) before the court of the addl. ..... bengaluru has jurisdiction to try and to decide the application filed by the respondent herein under section 12 of the protection of women from domestic violence act, 2005.12. ..... the protection of women from the domestic violence act, 2005 is a special act providing more effective protection of the rights of women, who are victims of violence of any kind occurring within the family and for matters connected ..... learned magistrate reads as under ; the honble chief metropolitan magistrate, bengaluru by special notification dated 03.06.2015, allotted jurisdiction to all metropolitan traffic courts as per the annexure of the said notification and from then, the petitions were directed to be filed 14 before the mmtcs, prior to this notification, it is the cmm court which used to allot the petition under the protection of women from the domestic violence act, 2005 to the mmtcs. ..... 2010 scconline del2977, the 17 high court of delhi while dealing with section 27 of the act 2005, has observed thus: para 8 from different provisions of this act, it is apparent that the scheme of the act provides that protection officer, service provider and police to help the aggrieved person in not only approaching the court for redressal but to ensure that the domestic violence is not further perpetuated and an aggrieved person gets shelter either in the shelter home or .....
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 .....
Tag this Judgment!Court : Karnataka
..... multiple proceedings are pending consideration/disposed of relating to the disputes raised under the provisions of the protection of women from domestic violence act, 2005, sections 498-a, 506, 504, 420 of ipc etc. ..... direction to respondent nos.1 to 5 and the law enforcement authorities for strict adherence to protection of women, dowry, domestic violence laws and their strict implementation to protect the intentions and objectives of the said laws and to secure the safety, security, welfare and dignity of women; as also for a direction to respondent no.4 for the strict departmental action against the protection officer & child development protection officer, department of women and child development, anekal taluk, bangalore urban district; pass punitive and compensatory ..... above, court must be careful to see that a body of persons w.p.nos.44038-44039/2018 or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. ..... to act in the name of pro bono publico, though they have no interest of the public or even of their own to protect.11. ..... with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives and try to bargain for a good deal as well to enrich themselves. ..... 27.06.2018 before the protection officer, reg. ..... by its secretary union of india by the ministry of women and child development, shastri bhawan, new delhi-110 001 .....
Tag this Judgment!Court : Karnataka
..... section 29 of the protection of women from domestic violence act, 2005 relates to preferring an appeal against the order passed by the magistrate as the appeal would lie within 30 days from the date of the order. ..... the interpretation given to the domestic relationship relating to the petitioner as well as the first respondent late manmohan attavar in the instant case, has not been established by the petitioner for seeking the relief under the provisions of the protection of women from domestic violence act, 2005. :36. ..... hence, by way of this petition she seeks protection order under section 18, residence under section 19, to pay monetary relief under section 20 and to grant compensation or damages under section 22 of the protection of women from domestic violence act, 2005.6. ..... the following orders be passed under protection of women from domestic violence act2005 sec.17: right to reside in a shared household. ..... the petitioner in person has taken various contentions in this revision petition, against the order passed by the appellate court relating to the petition filed by her seeking relief under the domestic violence act, 2005. ..... having framed the said points and appreciating the oral and documentary evidence produced by the parties and referring to the provisions of domestic violence act, hindu marriage act and special marriage act as well as various decisions relied by the parties, the court below answered all the four points in the negative and ultimately dismissed the application .....
Tag this Judgment!Court : Karnataka
..... he would also draw the attention of the court to the provisions of the protection of women from domestic violence act, 2005, with particular reference to the rights vested in the wife and as a pointer in this regard, he would refer to the provisions of section 2(s) of the act. ..... he would further contend that the word or otherwise used in section 28 will take the colour from its 74 preceding words that is species of contingencies over which neither the act nor legislature have any control and hence the provision of section 17 (2) cannot be imported or read into section 28 and hence the impugned order holding that the petitioners ceases to be a member is without authority of law as the ..... in the performance of this duty the judges do not act as computers into which are fed the statutes and the rules for the construction of statutes and from whom issue forth the mathematically correct answer. ..... sub-section (2) deals with eligibility criteria which are attracted even in respect of a person who otherwise was eligible to contest from the agriculturists constituency and act as a representative of the farmers.65. ..... therein it was contended, that both the petitioners were disqualified to contest in the elections from agriculturists constituency, as their respective spouses were registered as traders and were holding trader license under the act, 1966. .....
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