Court : Supreme Court of India
..... prashant ojha1 observed: this is an unfortunate case where the provisions of the protection of women from domestic violence act, 2005 are rendered simply a pious hope of the parliament and a teasing illusion for the appellant . ..... , the protection of children from sexual offences act, 2012 (for short pocso act ), has been throttled at the threshold by the exercise of power under section 482 of the code of criminal procedure, 1973 (for short cr.p.c. ..... articles 3 (2) and 34 of the convention have placed a specific duty on the state to protect the child from all forms of sexual exploitation and abuse.15. ..... be that as it may in view of the decision in shankar kisan rao khade s case (supra) holding non-reporting of such a crime as serious and in view of the position obtained from a conjoint reading of sections 19(1) and 21 of pocso act, such persons are also liable to be proceeded with, in accordance with law. ..... the said order was challenged before the high court and the high court allowed the appeal and granted him protection from page 6 of 28 arrest. ..... certainly, such provisions are included in with a view to ensure strict compliance of the provisions under the pocso act and thereby to ensure that the tender age of children is not being abused and their childhood and youth is protected against exploitation.12. ..... failure to report regarding the commission of the offence under the pocso act despite knowledge about the same is the accusation against the respondent revealed from the charge-sheet. .....
Tag this Judgment!Court : Supreme Court of India
..... , under section 12 of the protection of women from domestic violence act, 2005, pending before the judicial magistrate court (mahila court), madurai, state of tamil nadu to the competent judicial magistrate court at bangalore, state of karnataka.3. ..... under section 406 of the code of criminal procedure, 1973 read with order xxxix rule 1 of the supreme court rules, 2013 seeking transfer of criminal proceedings being c.c.no.631 of 2014, titled as the 2 inspector of police, all women s police station, madurai south vs. .....
Tag this Judgment!Court : Supreme Court of India
..... with the aforesaid averments, the aggrieved person approached the court of the special judicial magistrate under section 12 and sought protection orders, residence orders and compensation orders to be passed under various provisions of the protection of women from domestic violence act, 2005 (for short, the d.v. ..... learned amicus curiae for the appellant-aggrieved person referred to rule 5 of the protection of women from domestic violence rules, 2006 (for short, the d.v. ..... act has been enacted to protect a woman from domestic violence and there cannot be any fetter which can come in the way by interpreting the provisions in a manner to mean that unless the domestic relationship continues on the date of the application, the provisions of the d.v ..... act is to protect a woman from domestic violence, the salutary object of sub-section (1) of section 17 is to confer a right on every woman in a domestic relationship to have the right to reside in a shared household ..... whether the consideration of domestic incidence report is mandatory before initiating the proceedings under domestic violence act, 2005 in order to invoke substantive provisions of sections 18 to 20 and 22 of the said act?. ..... act is a piece of civil code which is applicable to every woman in india irrespective of her religious affiliation and/or social background for a more effective protection of her rights guaranteed under the constitution and in order to protect women victims of domestic violence occurring in a domestic .....
Tag this Judgment!Court : Supreme Court of India
..... vkv sarma,26 this court observed that the definition of the expression domestic relationship in section 2(f) of the protection of women from domestic violence act 2005 is restrictive since it is defined by the use of the term means . ..... in addition to the above, it has also to be noticed that the objects for which the tamil nadu act, the maharashtra act and the pondicherry act were enacted, are identical, namely, to protect the interests of small depositors from fraud perpetrated on unsuspecting investors, who entrusted their life savings to unscrupulous and fraudulent persons and who ultimately betrayed their trust.51. ..... act 1999 31 the goa protection of interests of depositors (in financial establishments) act 1999 32 the telangana protection of depositors of financial establishments act 1999 33 the andhra pradesh protection of depositors of financial establishments act 1999 34 the sikkim protection of interests of depositors (in financial establishments) act 2000 42 deposit, dealership deposit or an advance amount is excluded from the definition of the phrase deposit . ..... 6 the high court s judgment...................................................................71 2 1 the appeal arises from a judgment dated 22 august 2019 of the bombay high court, by which certain notifications attaching the property of the respondent under section 4 of the maharashtra protection of interest of depositors (in financial establishments) act 19991 have been quashed. .....
Tag this Judgment!Court : Supreme Court of India
..... sections 28 and 32 of the protection of women from domestic violence act, 2005 r/w rule 15(6) of the protection of women from domestic violence rules 2006, makes the provisions of criminal procedure code applicable. ..... the present proceedings arise out of an application preferred by the appellant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act ), which was numbered as d.v.c. ..... submissions made by shri ranjit kumar on the issue of limitation, in view of the provisions of section 468 crpc, 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 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... it has been held in inderjit singh grewal21 that section 468 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. ..... in the 2005 act, the definition of aggrieved person clearly postulates about the status of any woman who has been subjected to domestic violence as defined under section 3 of the said act. .....
Tag this Judgment!Court : Supreme Court of India
..... strict standard of proof is not necessary.10 (e) protection of women from domestic violence act, 2005 ( d.v. ..... and the protection of women from domestic violence act, 2005 ( d.v. ..... monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of domestic violence and such relief may include, but is not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an ..... magistrate must be satisfied that the application filed by the aggrieved woman discloses that the respondent is committing, or has committed an act of domestic violence, or that there is a likelihood that the respondent may commit an act of domestic violence. ..... 22 provides that the magistrate may pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence perpetrated by the respondent. ..... aggrieved person has been defined by section 2(a) to mean any woman who is, or has been, in a domestic relationship with the respondent, and alleges to have been subjected to any act of domestic violence. ..... domestic violence has been defined in section 3 of the act, which includes economic abuse as defined in explanation 1 (iv) to section 3, as .....
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..... the appellant also instituted an application under section 12 of the protection of women from domestic violence act 2005, which is pending in the court of the metropolitan magistrate at ..... that she has been compelled to leave the matrimonial home due to domestic violence and abuse. ..... to singapore where she is employed and resides; 12 (iii) the appellant is permitted to make suitable arrangements to facilitate the travel to and admission of the child in a school in singapore; (iv) the respondent shall, within a period of 48 hours from the receipt of this judgment, handover the passport of the child to the appellant; (v) the appellant shall be exclusively entitled to take necessary steps for renewing the passport of the child or, if required, for obtaining a fresh ..... on 1 march 2018, the family court passed an order in ia no.5 filed by the respondent seeking interim custody and visitation rights and directed the appellant or her parents (who had moved from noida to bengaluru to help the appellant with the child) to produce the child before the mediation centre on every third saturday, at 11:00 am to allow for visitation by the respondent till ..... writ petitions were pending, in november 2018, the appellant filed an application (ia no.11) in the proceedings in mc no.4484 of 2016 before the family court under section 26 of the hindu marriage act 1955 to allow the child to travel to singapore during his christmas vacations, commencing on 14 december 2018 and ending on 2 january 2019. .....
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..... the mention of the divorce petition filed by raveen was made in the plaint and it was pleaded that the defendant as a counter blast has filed the complaint case under the protection of women from domestic violence act, 2005 in which interim order directing the plaintiff not to alienate and not to dispossess the defendant without order of the competent court has been passed. 67. ..... the broad and inclusive definition of the term shared household in the protection of women from domestic violence act, 2005 is in consonance with the family patterns in india, where married couple continue to live with their parents in homes owned by parents.75. ..... taruna batra, (2007) 3 scc169has not correctly interpreted the provision of section 2(s) of protection of women from domestic violence act, 2005 and does not lay down a correct law?. ..... that the suit filed by the plaintiff is directly in conflict with the right of the defendant to reside in her matrimonial residence/shared household granted to her by the legislature and specifically envisaged in section 17 and 19 of the protection of women from domestic violence act, 2005 and as such is liable to be dismissed at the threshold. ..... the seemingly radical provisions comprised in the protection of women from domestic violence act, 2005 must be understood and appreciated in light of the prevalent culture and ethos in our society.60. .....
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..... this judgment, this court struck down a portion of section 2(q) of the protection of women from domestic violence act, 2005. ..... , the words adult male person are contrary to the object of affording protection to women who have suffered from domestic violence of any kind . ..... behalf to the landlord and the tribunal in the prescribed manner within the period specified in that sub-section: provided that, if a tenant holding land from a landlord (who was a minor and has attained majority before the commencement of the tenancy and agricultural lands laws (amendment) act, 1969) has not given intimation as required by this sub-section but being in possession of the land on such commencement is desirous of exercising the right ..... application of the aforesaid severability principle would make it clear that having struck down the expression adult male in section 2(q) of the 2005 act, the rest of the section is left intact and can be enforced to achieve the object of the legislation without the offending words ..... of this court have referred to the fact that the equality before law concept has been derived from the law in the uk, and the equal protection of the laws has been borrowed from the 14th amendment to the constitution of the united states of america. ..... therefore, strike down the words adult male before the word person in section 2(q), as these words discriminate between persons similarly situate, and far from being in tune with, are contrary to the object sought to be achieved by the 2005 act. .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
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