Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... produced by accused no.5 in the proceedings under the domestic violence act. ..... allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house. ..... complaint cannot be blown out of proportion; (iii) in domestic violence cases the victim and her relatives are natural and probable witnesses ..... she filed dva no.4/2010 alleging domestic violence on the same set of facts which ..... not sustain; (xi) there was no consistency in the evidence of pws.1 to 3 regarding date, time and place of giving of dowry and the articles as dowry; (xii) no person participated in the marriage talks from the accused side were examined by the investigating officer; (xiii) the evidence of pw.6 that both parties agreed for dowry contradicts the evidence of pws.1 to 5 and creates doubt about their evidence; (xiv) though ..... domestic violence ..... the tenor of the said document itself shows that the complainant was reluctant to stay in the matrimonial home and the intention of the complainant and her parents were to separate him from his parents and to keep him in their house as illatom son-in-law; (viii) being unable to withstand the harassment of the complainant, accused no.1 filed m.c.no.21/2008 on 05.07.2008 for restitution of conjugal .....
Tag this Judgment!Court : Karnataka
..... the respondent had filed c.misc.no.48 of 2010 before the learned iii additional civil judge and jmfc, mysuru under the provisions of protection of women from domestic violence act, 2005 (hereinafter referred to as 4 the dv act for the sake of brevity) and got an ex-parte order, directing the appellant to arrange for a house and also got issued a non-bailable warrant against the appellant. ..... pronouncements by the hon ble apex court make it clear that it cannot be considered as wrong on the part of the husband, to take advantage to file a petition seeking decree of divorce and the husband could not have been barred from invoking section 27(2)(ii) of the act of 1954 for non compliance of the directions for restitution of conjugal rights.30 ..... . similar to the amendment to section 13 of the act of 1955 by insertion of sub section (1-a) by act no.44 of 1964 with effect from 20/12/1964, section 27 of the act of 1954, was also amended by insertion of sub section (2) clauses (i) and (ii) by act 29 of 1970 with effect from 23 12/08/1970 ..... . the objective with which the amendment act 29 of 1970 was introduced with effect from 12/08/1970 is to be borne in mind while considering this relevant provision under the enactment.29 ..... . section 27 of the act of 1954 was renumbered as sub section (1), clauses (i) and (j) were omitted and section 27(2) (i) and (ii) of the act of 1954 was inserted by act 29 of 1970 with effect from 12/08/1970 .....
Tag this Judgment!Court : Karnataka
..... of the revision petition are as under: wife filed an application in c.misc.no.3/2010 on the file of the principal civil judge and jmfc, doddaballapur under section 12 of the provisions of the protection of women from domestic violence act, 2005 [hereinafter referred to as dv act for short]..4. ..... protection of women from domestic violence act, 2005 ..... also pointed out that the act is meant for protecting the women from the domestic violence and without noticing the said aspect of the matter, the learned judge in the first appellate court granted the relief to the husband which is not at all permissible, having regard to the object and scope of the domestic violence act, and prayed for allowing ..... 15 scc755wherein it is ruled as under:"domestic violence act is enacted to provide a remedy in civil law for protection of woman, from being victims of such relationship and to prevent the occurrence of the domestic violence in the society. ..... worth to quote the judgment of bombay high court in the case of ishpal singh kahai vs.ramanjeettkahai reported in 2011 online bom 412 wherein bombay high court held that the object of the domestic violence act is to grant statutory protection to the victims of violence in the domestic sector who had no proprietary rights. ..... law were not sufficient enough to deal with the situations referred to supra, domestic violence act came into force on and from 13.09.2005. ..... protection order under section 18:- prohibiting acts of domestic violence to me and to my parents from .....
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 .....
Tag this Judgment!Court : Supreme Court of India
..... 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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