Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) reinforced by article 39 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article 39 of the ..... section 9 of the hindu marriage act is for protecting institution of marriage and its objective is to maintaining marital ..... act") which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities ..... section 9 of the hindu marriage act, 1955 reads as follows:- when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition - 19 - nc: ..... 15 (3) reinforced by article 39 of the constitution of india, which envisages a positive role for the state in fostering change towards the empowerment of women, led to the enactment of various legislations from time to time.6. ..... 15(3) of the constitution of india provides that:"nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka
..... 1973; and the protection of women from domestic violence act, 2005 ("d.v. ..... this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) reinforced by article 39 ..... is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article 39 of the ..... section 9 of the hindu marriage act is for protecting institution of marriage and its objective is to maintaining marital ..... act") which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities ..... section 9 of the hindu marriage act, 1955 reads as follows:- when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition - 19 - nc: ..... 15 (3) reinforced by article 39 of the constitution of india, which envisages a positive role for the state in fostering change towards the empowerment of women, led to the enactment of various legislations from time to time.6. ..... 15(3) of the constitution of india provides that:"nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka
..... , section 125 of the code of criminal procedure, 1973 (applicable to all regardless of religions), sections 24 & 25 of the hindu marriage act, 1955 (applicable to hindus, in a broad sense of the term), section 37 of the divorce act, 1869 (applicable to christians), section 40 of the parsi marriage and divorce act, 1936 (applicable to parsis), section 20 of the protection of women from domestic violence act, 2005 (applicable to all persons regardless of religion and marital status), sections 36 & 37 of the special marriage act, 1954, the muslim women (protection of rights on marriage) act, 2019 (applicable to muslims wives), etc. ..... in view of the fact that the objective of compassionate appointment is beneficial, the fact that unmarried daughters have not been excluded from the definition of 'dependant family member must be given a literal, purposive and beneficial interpretation.4. ..... the scheme does not, in its terms, exclude married daughter from the ambits of the term 'dependent family member', and any daughter is entitled if she is wholly dependent. ..... , which elucidates the legal interpretation of dependency and the rationale behind precluding married daughters from eligibility for compassionate appointment. .....
Tag this Judgment!Court : Karnataka
..... respondent is getting a sum of `45,000/- per month from both the proceedings namely, under the hindu marriage act as well as under the provisions of the protection of women from domestic violence act, 2005. ..... court considers that the child is 9 years old and expenses of the child for his education would be at high and maintenance that is awarded in the case filed by the husband invoking the domestic violence act would not be enough for the wife to take care of the child and herself and also records that this court has not granted any stay of the decree of restitution of conjugal rights. ..... 17 in another proceeding where the wife had instituted proceedings invoking domestic violence act, maintenance was paid to the wife up to the date of decree of restitution of conjugal ..... the amount that the wife was being paid under the domestic violence act on an order in i.a.no.5 under section 24 of the act ceases on 02-09-2020. ..... as the contention of duplication of maintenance is concerned, it is an admitted fact that the wife is getting maintenance at `20,000/- per month in the case registered by her invoking the provisions of the domestic violence act. ..... memo of calculation is filed by the petitioner himself depicting that payment of `20,000/- in the domestic violence case was stopped on and from 02-09-2020 as the decree was passed on 28-09-2020. ..... if the petitioner had continued to pay in the domestic violence case or in the matrimonial case after the decree, it would have been a circumstance .....
Tag this Judgment!Court : Karnataka
..... and the protection of women from domestic violence act, 2005 ("d.v. ..... this provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) reinforced by ..... measure of social justice especially enacted to protect women and children, - 11 - nc:2024. ..... has remained pending before the courts for seven years now, and the difficulties encountered in the enforcement of orders passed by the courts, as the wife was constrained to move successive applications for enforcement from time to time, we deem it appropriate to frame guidelines on the issue of maintenance, which would cover overlapping jurisdiction under different enactments for payment of maintenance, payment of interim maintenance, the criteria for determining the quantum ..... court by referring to article 15 (3) of the constitution of india about the object and reasoning to protect the interest and welfare of women and children - 13 - nc:2024. ..... act") which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various ..... (3) reinforced by article 39 of the constitution of india, which envisages a positive role for the state in fostering change towards the empowerment of women, led to the enactment of various legislations from time to time.6. ..... rpfc no.186 of 2019 "nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka
..... issue of maintenance are the special marriage act, 1954 ( sma ), section 125 of the criminal procedure code, 1973; and the protection of women from domestic violence act, 2005 ( the dv act ) which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities ..... a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article ..... section 125 cr.p.c is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), ..... of social justice and is specially enacted to protect women and children and as noted by this court ..... has remained pending before the courts for seven years now, and the difficulties encountered in the enforcement of orders passed by the courts, as the wife was constrained to move successive applications for enforcement from time to time, we deem it appropriate to frame guidelines on the issue of maintenance, which would cover overlapping jurisdiction under different enactments for payment of maintenance, payment of interim maintenance, the ..... of india, which envisages a positive role for the state in fostering change towards the empowerment of women, led to the enactment of various legislations from time to time.6. ..... : nothing in this article shall prevent the state from making any special provision for women and children.5. .....
Tag this Judgment!Court : Karnataka Dharwad
..... quash the proceedings in cc no.1/2022 u/sec12of the protection of women from domestic violence act, 2005 which is pending on the file of iv the ..... complaint no.219/2017 against this petitioner alleging that the petitioner herein has made breach of protection order by not paying maintenance amount as per the order dated 29.07.2015 passed in crl.misc.no.306/2015 and committed offence punishable under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v. ..... 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.11. ..... and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from (a) committing any act of domestic violence; - 7 - nc:2023. ..... khc-d:14623 crl.p no.102231 of 2023 (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person; (d) attempting to communicate in any .....
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 .....
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