Court : Supreme Court of India
..... protection of women from domestic violence act, 2005 seeks to punish humiliation based on gender inequalities by specifically including the term humiliation in the definition of domestic ..... kerala reported in (2021) 1 scc733while discussing in the context of section 7 of the muslim women (protection of rights on marriage) act, 2019, elaborated on the requirement of the existence of a prima facie case under section 18 of the act, 1989 for the bar of anticipatory bail to become applicable, as follows: 25 ..... proposed to enjoining on the states and the union territories to take specific preventive and punitive measures to protect the scheduled castes and the scheduled tribes from being victimised and where atrocities are committed, to provide adequate relief and assistance to rehabilitate them.21. ..... in 431 bc, an athenian statesman described that the concept of liberty was the outcome of two notions, firstly, protection of group from attack and secondly, the ambition of the group to realise itself as fully as possible through the self-realisation of the individual by way ..... , this court observed that if the complaint does not make out a prima facie case for applicability of the provisions of the act, 1989 then the bar created by sections 18 and 18-a(i) shall not apply and thus the court would not be precluded from granting pre-arrest bail to the accused persons.36. justice ravindra bhat, in his concurring judgment, observed that while considering any application seeking pre-arrest .....
Tag this Judgment!Court : Supreme Court of India
..... the crpc is independent of and in addition to maintenance that could be awarded under the protection of women from domestic violence act, 2005 (for short, 2005 act ) which is applicable to an aggrieved woman in a shared household as defined under the provisions of the aforesaid act.8. ..... 8 scc90 this court while considering section 17 along with other provisions of the domestic violence act, 2005 opined as under: 60. ..... thus, the 1986 act expands the protection of women and ought to ..... the preamble of the 1986 act reads as under: an act to protect the rights of muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected ..... therefore, appear to be violative of article 14 of the constitution mandating equality and equal protection of law to all persons otherwise similarly circumstanced and also violative of article 15 of the constitution which prohibits any discrimination on the ground of religion as the act would obviously apply to muslim divorced women only and solely on the ground of their belonging to the muslim religion. ..... therefore, appear to be violative of article 14 of the constitution mandating equality and equal protection of law to all persons otherwise similarly circumstanced and also violative of article 15 of the constitution which prohibits any discrimination on the ground of religion as the act would obviously apply to muslim divorced women only and solely on the ground of their belonging to the muslim religion. .....
Tag this Judgment!Court : Supreme Court of India
..... the immoral traffic (prevention) act, 1956 the information technology act, 2000 the indecent representation of women (prohibition) act, 1986 (b) legal maxims (c) medical ..... act, 1984, the environment (protection) act, 1986, the wild life (protection) act, 1972, the indian penal code, 1860, the code of criminal procedure, 1973, the indian evidence act, 1872, the narcotic drugs & psychotropic substances act, 1985, the negotiable instruments act, 1881, the protection of children from sexual offence act, 2012, the juvenile justices (care & protection of children) act, 2015, the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, the prevention of corruption act, 1988 the electricity act, 2003, the protection of women from domestic violence act, 2005 .....
Tag this Judgment!Court : Supreme Court of India
..... (i) a missing children s report on 19.08.2015; and thereafter (ii) an application under section 12 of the protection of women from domestic violence act, 2005 (the dv act ) on 17.08.2015. ..... leaving this part of the appeal, one particular paragraph in the acp skeleton argument deserves to be widely understood and, i would strongly urge, accepted: 'much like an allegation of domestic abuse; the decision about whether or not a parent has alienated a child is a question of fact for the court to resolve and not a diagnosis that can or should ..... wellbeing of the children; (iii) the ability to provide physical surroundings conducive to growing adolescents but also take into consideration the preference of the minor children as mandated under section 17(3) of the act.3 furthermore, we are equally conscious that the stability of surrounding(s) of the minor children is also a consideration to be weighed appropriately.413. ..... she shall also be entitled to visit the minor children and take them out with her from 10:00 am to 5:00 pm, on every second and fourth sunday, at the station, where the minor children are staying, ..... petition under section 7, 9 and 25 of the guardian and wards act, 1890 (the act ) before the family court seeking custody of the minor children on 21.11. ..... consideration of the court whilst deciding an application for guardianship under the slp (c) no.28466 of 2023 page 12 of 27 act in exercise of its parens patriae jurisdiction would be the welfare of the minor children.19. .....
Tag this Judgment!Court : Supreme Court of India
..... a 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 fir no.95 of 2021 dated 09.04.2021 came to be lodged after a period of more than 11 months from page 12 of 36 the date the first informant left her matrimonial home and that too, only after the service of summons to her in the domestic violence case. ..... the appellant herein made the following submissions: - the appellant and his family had filed a divorce petition and also a domestic violence case against the first informant in 2019 and 2020 respectively. ..... of the divorce petition by the appellant and 6 months after the filing of the domestic violence case by her mother-in-law. ..... 13 of 36 the domestic violence case filed against the first ..... the fir lodged by the respondent no.2 was nothing but a counterblast to the divorce petition & also the domestic violence case.19. ..... a teacher and she used to leave the house at 7:00 hrs in the morning for the school and the first informant used to do all household works and when her mother-in-law returned from the school, she deliberately used to point out defects in her work and used to taunt the first informant that your family should have given gold bangles to me and now, you would ..... apprehending 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 : Supreme Court of India
..... example, there are many legislations like the hindu marriage act, 1955, the protection of women from domestic violence act, 2005, the negotiable instruments act, 1881 etc which prescribe specific time limits for the ..... a copy of such application to the party in whose favour such order has been made or the counsel of such party, the high court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the high court is closed on the last day of that period, before the expiry of the next ..... courts, while passing orders of stay in serious cases like the offences under the pc act or serious offences against women and children, must be more cautious and circumspect. ..... before the high courts or other courts relating to the pc act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on the above parameters. ..... power of doing complete justice under article 142 of the constitution of india are analogous to the constitutional provision as contained in clause (3) of article 2 226 of the constitution of india which has been inserted with effect from 1.8.1979 vide the constitution (forty-fourth amendment) act, 1978. ..... the court was dealing with a petition filed in the high court arising from a prosecution under the pc act. .....
Tag this Judgment!Court : Supreme Court of India
..... no.12 of 2014 4 m.c.no.4 of 2014 5 protection of women from domestic violence act, 2005 6 judicial magistrate, pudukottai 7 crl.m.p. ..... it is always good for the upbringing of the child that he has love and affection of both the parents, but some how in the case in hand for the reason, we do not wish to go into, the child from the initial time remained deprived of that love and affection of the mother. ..... we do not wish to go into the reasons behind that but the fact remains that from the very beginning he is living with the father-appellant. ..... report dated 19.11.2020 was received from the mediator stating that the respondent was not ready to mediate and the child, who had completed nine years and nine months as on that date, was not willing to go with the mother.6. .....
Tag this Judgment!Court : Supreme Court of India
..... , the protection of women from domestic violence act, 2005, hindu marriage act, 1955 and hindu adoptions and maintenance act, 1956, and criteria for determining quantum of maintenance, date from which maintenance is to be awarded, enforcement of orders of maintenance ..... this court even requested the national legal services authority to submit a report on the suggestions received from the state legal services authorities for framing guidelines on the affidavit of disclosure of assets and liabilities ..... by the high court shows that the amount of maintenance awarded to the appellant was reduced from 20,000/- to 7,500/- per month, merely noticing that earlier, the respondent was in business ..... child/children or any other dependent family member is suffering from life-threatening diseases, which would entail expensive and regular ..... in foreign currency of such applicant/spouse, duly supported by relevant documentation of employment and income from such foreign employer or overseas institution by way of employment letter or testimonial from foreign employer or overseas institution or latest relevant bank statement.3. ..... at the same time, the respondent husband cannot be absolved from his liability and responsibility to maintain his son pranav till he ..... i understand that any false statement in this affidavit, apart from being contempt of court, may constitute an offence under section 199 read with sections 191 and 193 of the indian penal code punishable with imprisonment up to seven years and 13 .....
Tag this Judgment!Court : Supreme Court of India
..... the only legislations which come to one s mind which in fact created social status or facilitated the status of individuals in private fields are the special marriage act, 1954, the protection of women from domestic violence act, 2005 ( dv act ), and section 41 of the juvenile justice (care and protection of children) act (which enables adoption amongst members of all faiths and (a) any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas or sikhs by religion (b) any child, legitimate or illegitimate, one of whose parents is ..... about two decades ago, the protection of women from domestic violence act 2005 was enacted to protect the rights of women who were survivors or victims of domestic violence, either by their husbands or the relatives of ..... the protection of women from domestic violence act, 2005 which was for the purpose of more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within ..... for example, the law penalises the husband and his family members if they treat the wife cruelly, including demands for dowry.116 similarly, the protection of women from domestic violence act 2005117 penalises persons for domestic violence in the course of a domestic relationship which has been defined to include marriage.118 the grounds for divorce prescribed in various marriage laws also regulate the conduct of parties because their actions during the sustenance of a marriage may be .....
Tag this Judgment!Court : Supreme Court of India
..... apart from that, there is a complaint filed by her under the protection of women from domestic violence act, 2005 which is also pending in the court of the judicial magistrate at solan. ..... criminal case which is fixed in the other matters pending in the courts at solan, himachal pradesh; and (iv) on a formal application being made by the respondent-husband, the transferee court will grant exemption to the respondent-husband from personal appearance, subject to the condition that whenever the said court passes an order requiring his personal presence, he shall personally remain present in the court. ..........................j. ..... moreover, in a criminal case arising out of matrimonial dispute, the court can always grant exemption from personal appearance to the accused and his presence transfer petition (c)no.1770/2021 4/7 can be procured only when it is absolutely necessary. ..... the wife transfer petition (c)no.1770/2021 1/7 has filed a maintenance petition under section 18 of the hindu adoption and maintenance act, 1956 which is pending before the additional district judge at solan, himachal pradesh. ..... this court noticed that that apart from the husband, there were other accused in the case which were not made parties to the transfer petition. ..... in exceptional cases where the facts are glaring, a departure can be made from this normal rule.7. .....
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