Court : Karnataka
..... petitioner is the accused in c.c.no.327/2012 and the trial court has issued process against the accused for offences punishable under section 31 of protection of women from domestic violence act, 2005 (for short act herein afterwards). ..... no.115/2009 on 01.03.2010, the learned judge has passed the following order:- the petition filed by the petitioners no.1 and 2 under section 12 of the protection of women from domestic violence act, 2005 is hereby allowed. ..... the short point that arises for consideration by this court is as under:- whether penal provision found in section 31 of protection ofvwomen from domestic violence act, 2005 could be invoked for non-payment of arrears of maintenance?. 6. ..... rule 15 of the protection of women from domestic violence rules, 2006 deals about the breach of protection order. ..... , in c.c.no.327/2012 dismissing the discharge application filed by the petitioenr for the offence p/u/s31of the protection of women against the domestic violence act and discharge the petitioern of the said offence. ..... parties, jointly by the aggrieved person and the 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. 9 8. .....
Tag this Judgment!Court : Karnataka Dharwad
..... 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. .....
Tag this Judgment!Court : Karnataka Dharwad
..... 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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..... 210/2012, against the petitioners herein, in the court of the metropolitan magistrate, bengaluru, under s.12 of the protection of women from domestic violence act, 2005 (for short, 'the act'), for grant of relief under ss.18, 20 and 22 and the learned magistrate, by an order dated 10.10.2012 having taken cognizance and ordered notice, this petition was filed to quash the proceedings of the said case.2. ..... bhanot (supra), apex court, while considering a complaint by wife alleging domestic violence, 7 long years after marriage, having no children, left alone at her advanced age, without any proper shelter, protection and means of sustenance, has held that the conduct of parties even prior to the coming into force of the act could be taken into consideration while passing an order under ss.18, 19 and 20 thereof. ..... he submitted that the respondent having left the matrimonial home on 10.10.1994 and she having not been subjected to any act of domestic violence after the act came into force, learned magistrate has committed illegality in taking cognizance and ordering issue of notice.3. ..... we are of the view that the act of the respondent husband squarely comes within the ambit of section 3 of the act, 2005, which defines domestic violence in wide terms. ..... apart from these reliefs, she is also entitled for compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent husband. .....
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..... 210/2012, against the petitioners herein, in the court of the metropolitan magistrate, bengaluru, under s.12 of the protection of women from domestic violence act, 2005 (for short, 'the act'), for grant of relief under ss.18, 20 and 22 and the learned magistrate, by an order dated 10.10.2012 having taken cognizance and ordered notice, this petition was filed to quash the proceedings of the said case. 2. ..... bhanot (supra), apex court, while considering a complaint by wife alleging domestic violence, long years after marriage, having no children, left alone at her advanced age, without any proper shelter, protection and means of sustenance, has held that the conduct of parties even prior to the coming into force of the act could be taken into consideration while passing an order under ss.18, 19 and 20 thereof. ..... he submitted that the respondent having left the matrimonial home on 10.10.1994 and she having not been subjected to any act of ''domestic violence" after the act came into force, learned magistrate has committed illegality in taking cognizance and ordering issue of notice. 3. ..... we are of the view that the act of the respondent husband squarely comes within the ambit of section 3 of the act, 2005, which defines "domestic violence" in wide terms. ..... apart from these reliefs, she is also entitled for compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by the respondent husband. .....
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..... under the provisions of the protection of women from domestic violence act, 2005 (for short 'the pwdv act'), the magistrate is not vested with the power ..... protection of women from domestic violence act, 2005, ..... referring to definition as per section 2 of the pwdv act, in this act, unless the context otherwise requires ,- (a) "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; (d) "custody order" means an order granted ..... woman who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence of the respondent. ..... 21 reads as under: "custody orders - notwithstanding anything contained in any other law for the time being in force, the magistrate may, at any stage of hearing of the application for protection order or for any other relief under this pwdv act grant temporary custody of any child or children to the aggrieved person or the person for visit of such child or children by the respondent: provided that if the magistrate is of the ..... the contention of the respondent husband is that the petitioner-wife filed a petition before the magistrate court in india under section 12 of the pwdv act seeking relief of protection and other reliefs and in the said proceeding, she has also filed an application seeking custody of the child which was allowed exparte by the magistrate court and .....
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..... the parliament in its highest wisdom to provide the rights guaranteed under the constitution of india to the victims of domestic violence has enforced the statute 24 the protection of women from domestic violence act, 2005 . ..... section 2(f) of the protection of women from domestic violence act, defines domestic relationship - among other things, the relationship between two persons, who live or have, at any point of time, lived together in a relationship in the nature of marriage is a domestic relationship. ..... the victims of domestic violence are entitled for protection orders, residence orders and monetary reliefs from the erring partner. ..... extending the concept of the domestic violence act to the case on hand, we hold that the first defendant herein is one such victim, who has 25 rendered helpless in half way of her life. ..... the term domestic violence is defined under section 3 of the said act. ..... accordingly, depriving a woman of economic and financial resource, falls under the category of the domestic violence. ..... the scheme of the act is for remedying the victims of violence of all kinds occurring within the family and in respect of matters connected therewith and incidental thereto.20. .....
Tag this Judgment!Court : Karnataka
..... " the parliament in its highest wisdom to provide the rights guaranteed under the constitution of india to the victims of domestic violence has enforced the statute "the protection of women from domestic violence act, 2005". ..... section 2(f) of the protection of women from domestic violence act, defines "domestic relationship"- among other things, the relationship between two persons, who live or have, at any point of time, lived together in a relationship in the nature of marriage is a domestic relationship. ..... the victims of domestic violence are entitled for protection orders, residence orders and monetary reliefs from the erring partner. ..... extending the concept of the domestic violence act to the case on hand, we hold that the first defendant herein is one such victim, who has rendered helpless in half way of her life. ..... the term "domestic violence" is defined under section 3 of the said act. ..... accordingly, depriving a woman of economic and financial resource, falls under the category of the domestic violence. ..... the scheme of the act is for remedying the victims of violence of all kinds occurring within the family and in respect of matters connected therewith and incidental thereto. 20. .....
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..... no.25/2014 under section 12 of the protection of women from domestic violence act, 2005. ..... in the present case, the appellants (the husband and his relatives, accused under sections 498-a read with section 34 ipc and sections 3 and 4, dowry prohibition act, 1961) had not sought compounding of the offences. ..... no.8071/2013 for the offences punishable under sections 498-a, 34 ipc and also under sections 3, 4 and 6 of the dowry prohibition act and also a case in c. ..... it is seen from the records that the family court has referred the parties to the bangalore mediation centre for exploring the possibility of settlement. ..... , bangalore, for the offences punishable under sections 498-a of ipc and sections 3, 4 and 6 of the d.p.act r/w. ..... act and sec. .....
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..... -wife filed a petition against the appellant under the provisions of the protection of women from domestic violence act, 2005 5 [for short, dv act]. ..... acts of domestic violence as per the said complaint are that the appellant was trying to threaten her and she was driven out of the home without providing food, ..... of police backside of health quarters t.b.circle, honnali taluk davanagere district 575 305 (by sri.b.v.gangi reddy, advocate) appellant respondent2this mfa is filed under section 19(1) of the trial court act, r/s sec.28 of hindu marriage act, against the judgment and decree dated 10.10.2011 passed in m.c.no.5/2009 on the file of the senior civil judge, harihar, dismissing the petition filed under section 13(1)(ia) and (1) (ib) of hindu marriage ..... appellants, four months after the filing of divorce petition, she lodged a police complaint alleging offence under section 498a ipc read with sections 3 and 4 of the dp act against the appellant and that she also went to press and media in the matter, which was widely published in all newspapers. ..... of the appellant that in the complaint lodged 13 under the dp act, the respondent has also arraigned his old mother and younger brother, who are residing in a remote village in hosdurga taluk, 150 kms away from her workplace, who are no way concerned with the family affairs ..... working as psi at bhadravathi, which is far away from honnali, she lodged a complaint under the provisions of dp act stating that she was not providing food, cloth and .....
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