Court : Karnataka
..... 07/2017 and coming on - 3 - order in these petitions, the order passed by the trial court so also the appellate court in respect of proceedings under section 12 of the protection of women from domestic violence act, 2005 ( the act for short) are under challenge.2. ..... , that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the act 2005 read with rule 15(6) of the protection of women from domestic violence rules, 2006. . . 12. ..... , complaint could be filed only within a period of one year from the date of the incident in view of provisions of sections 28 and 32 of the act read with rule 15(6) of the protection of women from domestic violence rules, 2006. ..... learned single judge of delhi high court had held that it was with the view of protecting the rights of the women under articles 14, 15 21 of the constitution that the parliament enacted the act in order to provide for some effective protection of rights guaranteed under the constitution to the women, who - 13 - are victims of any kind of violence occurring within the family and matters connected therewith and incidental thereto, and to provide an efficient and expeditious civil remedy to them .....
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
..... 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 .....
Tag this Judgment!Court : Karnataka
..... ii mmtc, bangalore has filed this revision petition challenging the final order passed on 20.07.2013 in crl.misc.no.295/2011 and affirmation of the same in crl.a.no.407/2013 an appeal filed under section 29 of the protection of women from domestic violence act, 2005 (for short 'the act'). ..... of the matter is also taken into consideration while holding that the respondent has committed domestic violence. 9. ..... no.17 of the judgment, the learned judge of the first appellate court has held that the husband is not interested to live with the petitioner and this is evident from the contents of ex.p6 - the legal notice got issued by him through which he wanted the divorce by mutual consent. 14. ..... filed a petition under section 12 of the act against the respondent seeking monthly maintenance of rs.5,000/- per month, for grant of compensation of rs.2 lakhs, and to provide residence to her and protection order. ..... final order passed on 20.07.2013 was called in question by filing criminal appeal under section 29 of the said act before the sessions court, bangalore and the said appeal is dismissed after contest. ..... as on the date when the petition filed under section 12 of the act, respondent had also filed a petition seeking divorce and this was one of the grounds for the petitioner to ..... a petition filed by sri.v.k.anand seeking divorce from his wife - smt.sujatha. ..... viewed from any angle, no illegality or perversity is found in the order passed by the trial court and affirmation of the same by the first .....
Tag this Judgment!Court : Karnataka
..... roopa had filed a petition under section 12 of the protection of women from domestic violence act, 2005, on 29.4.2011 seeking monthly maintenance of rs.5,000/-and compensation of rs.5,00,000/-. ..... filed u/s 12 of protection from domestic violence act 2005 and residency order to ..... the entire evidence placed on record, the learned judge of the trial court has come to the conclusion that thimmappa has committed violence in terms of the relevant provisions of the dv act and therefore, he has to look after his wife and child. ..... petition was decided and ultimately allowed, granting a sum of rs.10,000/-per month to the wife as maintenance and rs.1,00,000/- as compensation, apart from directing thimmappa to meet all the educational expenses of his son born to roopa. ..... suit filed by thimmappa requesting the trial court to restrain his wife from meeting his family members and not to visit his place, is pending ..... thimmappa has approached this court on the ground that enhancement of maintenance from rs.10,000 to rs.15,000/- is incorrect and improper, and there could not have been any order of paying compensation of rs.1,00,000 ..... india is a signatory to the protection of rights of children and article 12 of the constitution of india provides for respecting the views of ..... fact that roopa gave birth to a male child from her marital relationship with thimmappa is also not disputed ..... filed by roopa is allowed in part, enhancing the amount from rs.10,000/- to rs.15,000/-and the other directions are affirmed. .....
Tag this Judgment!Court : Karnataka
..... the writ petition was filed challenging the order dated january 23, 2013, passed on an application filed by the writ petitioner-appellant under sections 18, 19 and 20 of the protection of women from domestic violence act, 2005. 3. ..... court in the case of tammanna and others versus- miss renuka and others reported in ilr 2009 karnataka 1207, we are of the considered opinion that no appeal would lie under section 4 of the karnataka high court act against the order of the hon ble single judge passed in exercise of the power conferred under section 482 of the code of criminal procedure, 1973, or under article 227 of the constitution of india, in the matter arising ..... (prayer: this writ appeal is filed under section 4 of the karnataka high court act praying to set aside the order passed in writ petition no. .....
Tag this Judgment!Court : Karnataka
..... in the judgment of the first appellate court so as to invoke the revisional jurisdiction vested in this court under section 397, cr.p.c.?.2) whether a married lady who is neglected by her husband even before the coming into force fo the protection of women from domestic violence act, 2005, is entitled to seek maintenance under the provisions of the protection of women from domestic violence act?.3) whether the quantum of maintenance awarded by the first appellate court requires any interference and if so, to what extent?. ..... the protection of women from domestic violence act, 2005, is enacted to provide for an effective protection of the rights of women guaranteed under the constitution of india who are victims of domestic violence and other matters incidental thereto. ..... petition had been filed under sections 9(b) and 37(2)(c) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the d.v.act, for brevity). ..... the relevant discussion is found in 29 paragraph 12 of the judgment and the same is reproduced below: the protection of women of from domestic violence act came into force on 26.10.2006 vide so1776e) dated 17.10.2006. ..... protection under the act becomes available to the wife-applicant who was driven out from her husband s shared household prior to coming into effect of the act of 2005, but if the deprivation continued even after the act came into force. .....
Tag this Judgment!Court : Karnataka
..... 2) whether a married lady who is neglected by her husband even before the coming into force for the protection of women from domestic violence act, 2005, is entitled to seek maintenance under the provisions of the protection of women from domestic violence act? ..... the protection of women from domestic violence act, 2005, is enacted to provide for an effective protection of the rights of women guaranteed under the constitution of india who are victims of domestic violence and other matters incidental thereto. ..... petition had been filed under sections 9(b) and 37(2)(c) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the d.v. ..... the relevant discussion is found in paragraph 12 of the judgment and the same is reproduced below: the protection of women of from domestic violence act came into force on 26.10.2006 vide so 1776(e) dated 17.10.2006. ..... protection under the act becomes available to the wife-applicant who was driven out from her husband's shared household prior to coming into effect of the act of 2005, but if the deprivation continued even after the act came into force. ..... the act was brought ion to force to provide for more effective protection to the rights of women guaranteed under the constitution of india who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. .....
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