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 : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka
..... 46 protection of women from domestic violence act, 2005 - domestic violence is undoubtedly a human rights issue and serious ..... committee on convention on elimination of all forms of discrimination against women (c e d a w) in it's general recommendation no.xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occulting within the family. ..... of all the afore-said and afore-quoted articles of the constitution, the provisions of the ipc and specific acts promulgated, what would unmistakably emerge is the rights of women, protection of women and their equal status to that of a man without exception. ..... these enactments are, protection of women and equal status to 44 women. ..... section 5 of the prevention of family violence act 1993 provides: notwithstanding anything to the contrary contained in any law or in the common law, a husband may be convicted of the rape ..... an fir in crime no.13/2017 for offences punishable under sections 506, 498a, 323, 377 of the indian penal code ( ipc for short) and section 10 of the protection of children from sexual offences act, 2012 ( pocso act for short).3. ..... the submission of the learned senior counsel that the husband is protected by the institution of marriage for any of his acts being performed, as is performed by a common man, again sans countenance, for the reason that institution of marriage does not confer, cannot confer and in my considered view, should not be construed to confer, any special .....
Tag this Judgment!Court : Karnataka Dharwad
..... couple appears to have turned sore, pursuant to which, among other proceedings the respondent-wife files a petition in crl.misc.no.2/2009 invoking section 12 of the protection of women from domestic violence act, 2005 ( act for short). ..... sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of ..... only issue that falls for my consideration is, whether the maintenance awarded under the domestic violence act can be sought to be enhanced under the cr.p.c.?. 5 8. ..... person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the ..... chapter, (a) minor means a person who, under the provisions of the indian majority act, 1875 (9 of 1875), is deemed not to have attained his majority; (b) wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. .....
Tag this Judgment!Court : Karnataka
..... section 12 of protection of women from domestic violence act, 2005 (for short ..... court has not followed sections 21, 23, 28 of the d.v.act and rule 6 of the crl.p.no.356/2019 -7- protection of women from domestic violence rules 2006.8. ..... the domestic violence act is a special legislation enacted for the purpose of promoting the family relationship and ..... crl.p.no.356/2019 -13- (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 ..... 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 act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent; provided ..... petition, the wife had filed interlocutory application under sections 21 and 23 of the d.v.act, for a direction to the station house officer, mangaluru, east police station to procure crl.p.no.356/2019 -4- baby sarah and master jayden and restore them to her custody and interim protection for herself and the children.5. .....
Tag this Judgment!Court : Karnataka
..... further, the trial court on relying to section 3 of protection of women from domestic violence act, 2005, and the principles of gender justice, has made observation that on account of the comments made ..... , victim, looks like a black monkey and other physical and mental harassment caused, the victim has returned to her parents house, but there is no explanation from accused no.1 that under what circumstance the deceased mamatha had gone to her parental house on 29.08.2007 that too at night hours and what steps were taken by the ..... scc619 this court held that the concept of cruelty under section 498a ipc and its effect under section 306 ipc varies from individual to individual 17 also depending upon the social and economic status to which such person belongs. ..... extra marital relationship was not of such a nature as to drive the wife to commit suicide or that a-1 had ever intended or acted in such a manner which under normal 18 circumstances, would drive the wife to commit suicide.23. ..... marital relationship means the legally protected marital interest of one spouse to another 15 which include marital obligation to another like companionship, living under the same roof, sexual relation and the exclusive enjoyment of them, to have ..... the courts dealing with the criminal cases should, after convicting the accused shall make an endeavour to ascertain about the applicability of the provisions of the probation of offenders act, whether a submission is made to that effect or not, by the accused. .....
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