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 - 5 - nc:2023. ..... khc:35178-db wa no.891 of 2023 act, 1954, the muslim women (protection of rights on marriage) act, 2019 (applicable to muslims wives), etc. ..... respondents this writ appeal filed u/s4of the karnataka high court act praying to a) set aside the order dated1906/2023 passed by the learned single judge in wp no.11957/2023 and etc. ..... we also notice that, the government being the rule making authority under the provisions of the karnataka state civil services act, 1978 has put an end to the discrimination of daughters on - 7 - nc:2023. ..... it only directs that till the discrepancy is removed by the legislature, certain provisions of the 1961 act and the rules framed thereunder shall be ignored. ..... the lic recruitment of staff instructions vide clause 21 (ii) exclude a married daughter from being eligible for appointment on compassionate basis. .....
Tag this Judgment!Court : Karnataka
..... factual matrix leading to the case are that the petitioner-wife has filed the petition under 4 section 12 of the protection of women from domestic violence act, 2005 (for short dv act ), seeking injunction against the respondent-husband from committing any domestic violence, seeking relief for separate residence and also sought maintenance as well as compensation to the tune of rs.10,00,000/-. ..... benefit is awarded under section 20 of the protection of women from domestic violence act. ..... hence, under the 11 provisions of domestic violence act, question of awarding maintenance till marriage of the daughters does not arise at all and the maintenance can be granted till the attainment of age of majority by ..... hearing the arguments and after appreciating the oral and documentary evidence, the learned magistrate allowed the application under section 12 of the dv act in part directing the respondent not to commit any domestic violence and further directed that the children of the petitioner & respondent are entitled for monthly maintenance of rs.5,000/- each till they are ..... above, the maintenance to the children can be granted till they attain the age of majority under the provisions of domestic violence act. ..... making any provision for maintenance of the minor children also can be termed as domestic violence as it is not the 12 responsibility of the mother alone to maintain the ..... hence, there is material evidence to prove the domestic violence is committed by the respondent-husband as against .....
Tag this Judgment!Court : Karnataka
..... factual matrix leading to the case are that the petitioner-wife has filed the petition under 4 section 12 of the protection of women from domestic violence act, 2005 (for short dv act ), seeking injunction against the respondent-husband from committing any domestic violence, seeking relief for separate residence and also sought maintenance as well as compensation to the tune of rs.10,00,000/-. ..... benefit is awarded under section 20 of the protection of women from domestic violence act. ..... hence, under the 11 provisions of domestic violence act, question of awarding maintenance till marriage of the daughters does not arise at all and the maintenance can be granted till the attainment of age of majority by ..... hearing the arguments and after appreciating the oral and documentary evidence, the learned magistrate allowed the application under section 12 of the dv act in part directing the respondent not to commit any domestic violence and further directed that the children of the petitioner & respondent are entitled for monthly maintenance of rs.5,000/- each till they are ..... above, the maintenance to the children can be granted till they attain the age of majority under the provisions of domestic violence act. ..... making any provision for maintenance of the minor children also can be termed as domestic violence as it is not the 12 responsibility of the mother alone to maintain the ..... hence, there is material evidence to prove the domestic violence is committed by the respondent-husband as against .....
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. .....
Tag this Judgment!Court : Karnataka
..... that criminal case filed by the wife in respect of cruelty and dowry harassment against the husband and in-laws would lose any significance in case the complaint is made after receiving the divorce notice from the husband, defeats the very object of section 498a of the ipc, or even complaints made under section 12 of the protection of women from domestic violence act, 2005. ..... us to cause this notice notifying that our client is ready and willing to make sincere efforts to get the matrimonial discord amicably resolved through mutual consent and additionally call upon you to desist from filing/lodging false and malicious complaints or allegations against our client and his family members if any with an intention to harass them. ..... we hereby call upon you to communicate your willingness to seek resolution of the matrimonial discard amicably and dissolution of the marriage by mutual consent within fifteen days from the date of receipt of this notice and also call upon you to desist from filing any false 7 complaint/malicious proceedings against our client and his family members. ..... the petitioner then on 13-10-2022 causes a legal notice upon the 5 wife wherein he projects himself to be suffering from mental trauma at the hands of the wife and seeks resolution of matrimonial dispute amicably and dissolution of marriage by mutual consent within ..... the aforesaid hyper-technical contention is accepted, it would act against the interests of women and the object for which the provision was added. .....
Tag this Judgment!Court : Karnataka
..... 1st respondent is before this court seeking a direction to dispose of applications dated 15.10.2018 filed by her in c.misc.no.170 of 2018 before the ii metropolitan magistrate traffic court at bangalore under sections 12, 19(1)(e) & (f), 20 & 22, 20 & 23(2) and 23(2) of the protection of women from domestic violence act, 2005 ( the act for short) within the time frame.2. brief facts that lead the petitioner to this court in the subject petition, as borne ..... the honble ii metropolitan magistrate traffic court at bangalore in c.misc.170/2018 to dispose of the applications filed by the petitioner dtd1510.2018 u/s12 19(1)(e) and (f), 20 and22 20 and232), 23(2) of the protection of women from domestic violence act, 2005 at annexure nos.b, c, d, e and f within a stipulated period of time. ..... protection of women 7 from domestic violence act, 2005 beginning from the genesis of the ..... is directed to circulate this order to all the concerned courts handling cases arising out of the protection of women from domestic violence act, 2005 ..... provide a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society the protection of women from domestic violence bill was introduced in parliament ..... and reasons themselves indicate that it is for the rights of women in securing them various benefits mentioned therein and also protect them from domestic violence, the magistrate has to pass appropriate orders in favour of .....
Tag this Judgment!Court : Karnataka
..... thereafter, on 22-02-2021, the respondent files a petition under 3 section 12 of the protection of women from domestic violence act, 2005 ( dv act for short) in criminal miscellaneous case no.32 of 2021 before the civil judge and jmfc, moodbidri wherein maintenance is also sought in the ..... 125 crpc is a measure of social justice and is specially enacted to protect women and children and as noted by this court in capt. ..... a measure of social justice and is specially enacted to protect women and children. ..... entire amount of arrears shall be deposited by the respondent in the family court within eight weeks from today, 15 after adjusting the amount, if any, already paid or deposited by him. ..... this court has granted an interim order of stay of the proceedings under the dv act in terms of the order dated 01-02-2022 and the proceedings instituted under the provisions of the ..... concerned court answering an application filed under section 24 of the hindu marriage act, 1955 allows the claim of the wife by granting maintenance of rs.30,000/- per month from the date of filing the application i.e. ..... also proved by producing the documentary evidence that her father had paid money to the respondent from time to time to help the respondent for his business. ..... apex court in the case of rajnesh1(supra) has clearly observed that in the light of overlapping of jurisdictions, the grant of maintenance under section 20(1)(d) of the dv act would be in addition to the maintenance granted under section 125 of the cr.p.c. .....
Tag this Judgment!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 : Karnataka
..... navya bhat under the provisions of the protection of women from domestic violence act, 2005 in criminal miscellaneous no.89 of 2019 pending before the v additional metropolitan magistrate traffic court. ..... the learned counsel appearing for the petitioner would contend that cases registered against the petitioner are - one under the domestic violence act, the other under the guardians and wards act and the third one is the subject crime in special c.c.no.1874 of 2021, all registered by his wife. ..... now, it is true that since the right to prior notice and opportunity of hearing arises only by implication from the duty to act fairly, or to use the words of lord morris of borth-y-gest, from fair play in action, it may equally be excluded where, 24 having regard to the nature of the action to be taken, its object and purpose and the scheme of the relevant statutory provision, fairness in action does not demand ..... the jurisdictional police alleging that the petitioner has sexually abused his son which becomes a crime in 4 crime no.145 of 2021 for offences punishable under sections 376ab of the ipc and section 3(a), 3(b), 5(m), 8 and 12 of the protection of children from sexual offences act, 2012 ( pocso act for short). ..... (m) the following procedure will be adopted in case statutory bodies like the ncw, the nhrc and the national commission for protection of children's rights request for preventing any indian/ foreigner from leaving india. .....
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. .....
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