Court : Supreme Court of India
..... 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. .....
Tag this Judgment!Court : Karnataka
..... that the respondent/wife filed a petition before the trial court under section 12 of the protection of women from domestic violence act, 2005 (for short d.v. ..... counsel for both the parties, the point that arises for my consideration is: whether filing of petition under section 12 of d.v.act in the form-ii as prescribed under rule 6(1) of the protection of women from domestic violence rules, 2006 is mandatory?. 7 7. ..... contending that the petition is not maintainable as it was not filed in the form prescribed under rule 6(1) of the protection of women from domestic violence rules, 2006 (for short d.v.rules) and prayed for dismissing the petition as not maintainable. ..... rule 6 of the protection of women from domestic violence rules is to the effect that every application of the aggrieved person under section 12 shall be in form ii ..... prescribed the format only to facilitate the deserted women / victim of the domestic violence, even for helping illiterate women for approaching the court and making out their case before the magistrate in simple form as prescribed as per form-ii and it is only an optional and even the women are permitted to file the petition like any ..... act provides a right for a woman, who suffers domestic violence, to file a ..... if the petitioner narrates the domestic violence committed on her, in detail, that itself is not a ground to dismiss the petition on the ground of maintainability and in support of his argument, the learned counsel contended that in a similar situation .....
Tag this Judgment!Court : Karnataka
..... apart from the above, we are of the opinion that the house in question cannot be said to be a shared household within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act). ..... such son, daughter, daughter-in- law, son-in-law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under protection of women from domestic violence act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. ..... where a family member leaves the shared household to establish his own household, and actually establishes his own household, he cannot claim to have a right to move an application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... in that background respondent filed a complaint under section 12 of domestic violence act (hereinafter called as dv act, for short). ..... if this meaning is given to the shared household then the whole purpose of domestic violence act shall stand defeated. .....
Tag this Judgment!Court : Delhi
..... and under the protection of women from domestic violence act, 2005 and that too after the appellant/husband had filed the ..... of 17.10.2014, when the respondent/wife had allegedly kicked the mother of the appellant/husband, has also not been clearly established, as recorded in the impugned judgment and nothing material has emerged from the testimony of the parties or any other evidence that would show that the conclusion drawn by the learned family court was erroneous in this regard. ..... rather, it reflects upon the conduct of the appellant/husband which shows that despite staying together, he chose to file a petition seeking divorce from the respondent/wife without revealing his real intention, to put an end to the matrimony and he had thereafter, shifted to his mother s house even though she had ..... it was the appellant/husband who had thereafter brought the respondent/wife directly from her parent s house to the rented accommodation where they stayed together for ..... cross-examination, the appellant/husband had admitted to the fact that the respondent/wife used to do the household work when they started living separately from his parents and there was no maid in his mother s house. ..... appeal has been filed by the appellant/husband being aggrieved by the judgment of the learned family court dated 31.08.2019, whereby it has dismissed his petition seeking divorce from the respondent/wife on the ground of cruelty under section 13(1)(ia) of the hindu marriage act, 1955 (in short, the act ).2. .....
Tag this Judgment!Court : Delhi
..... rajesh dinanath tiwari in writ petition no.10696/2017, it being apparent through the pleadings on the record that the premises in suit do not fall within the category of a shared household in terms of section 2 (s) of the protection of women from domestic violence act, 2005, the substantial questions of law sought to be urged by the appellant as referred to in para 18 hereinabove do not arise for consideration in the instant case in as much as the rights of the appellant cm (m) 1582/2018 page 28 of 40 and her daughter to live in ..... the protection of women from domestic violence act, 2005 (hereinafter dv act ) and the maintenance and welfare of parents and senior citizens act, 2007 (hereinafter psc act ).2. ..... the circumstances her right to residence in the suit property cannot be denied, and as regards issues of title, we have already observed that the right of residence under the protection of women from domestic violence act, 2005, the same would have no bearing. ..... the protection of women from domestic violence act, 2005 gives statutory recognition to the salutary principle that was sought to be advanced through judge made laws in the vacuum of legislative cm (m) 1582/2018 page 19 of 40 ideological ..... spouse and the plaintiff/ respondent no.1, she cannot be deprived of her rights to reside in the premises in suit which form her matrimonial home and fall within the category of "shared household" in terms of section 2 (s) of the protection of women from domestic violence act, 2005.20. .....
Tag this Judgment!Court : Delhi
..... even, crl.m.c.4206/2018 page 4 of 24 in the case filed under section 12 of the protection of women from domestic violence act, 2005 against the husband of respondent no.2, the mother-in-law and the brother-in-law, the petitioner is not named as a party ..... untenable in law, hence, is liable to be set aside and is accordingly set aside and the order dated 17.3.2018 of the metropolitan magistrate is liable to be crl.m.c.4206/2018 page 23 of 24 upheld to its original position, however, to protect the interest of the respondents, it would be appropriate to impose a condition to the effect that before de-freezing the accounts of the petitioner, the petitioner and the co-account holder, piyush bhai thakkar, both shall execute bonds ..... supra) has noted that the judgment of the punjab & haryana high court was passed under the prevention of corruption act and the same stands on an entirely different footing and hence cannot be made applicable to the facts of the present ..... not only that, when the magistrate who was trying the petitioner's husband under the official secrets act, her request to be allowed to operate the police contending that the bank account was not "case property" and that the petitioner's remedies lay elsewhere than in the ..... on the next day, accused piyush bhai thakkar withdrew the amount of rs.20 lacs from his account and after one and a half month, on 12.3.2012 accused piyush bhai thakkar, opened a joint account in yes bank in the name of the petitioner, who is his maternal .....
Tag this Judgment!Court : Delhi
..... was it a joint family property of which the husband of the appellant herein was a member nor was it an ancestral property and thus, did not fall within the ambit of section 2(s) of the protection of women from domestic violence act, 2005. ..... by the appellant that the premises j-1/c, laxmi nagar, near jagat ram park, delhi-110092 was a shared household of the appellant in terms of section 2(s) of the protection of women from the domestic violence act, 2005, it is essential to observe that section 2(s) of the said enactment provides as follows:-" 2. ..... does not fall within the ambit of section 2(s) of the protection of women from the domestic violence act, 2005.20. ..... wherein it was held to the effect:-" in view of the above legal position, the contention of defendant no.2 regarding her rights under the protection of woman from domestic violence act cannot be accepted, her reliance on sectiori-17 of the said act, to claim a right to reside in the suit property is misconceived inasmuch as admittedly her husband has no rights whatsoever in the suit ..... as a "shared household" as define under sect-ion 2(s) of the domestic violence act. ..... laxmi nagar, near jagat ram park, delhi- 110092 formed her matrimonial home and a shared household, in which she had a legal right to reside and that she could not be dispossessed from the same by her father-in-law,- was rejected by the learned civil judge-east observing to the effect that the suit property neither belonged to the husband of the appellant i.e. .....
Tag this Judgment!Court : Delhi
..... thereafter, the respondent no.2 taking advantage of the petitioner's absence, she filed a petition under section 12 of protection of women from domestic violence act, 2005 (the dv act ) as well as false complaint before the caw cell. ..... 707/2017 page 5 of 7 20.03.2015, the petitioner preferred appeal under section 29 of the dv act against the ex-parte order dated 20.03.2015 passed by the learned mm, south district, saket courts, new delhi in domestic violence petition no.91/1/12 titled as smt. ..... with the wish and consent of the respondent no.2 and after that on 06.01.2009, the respondent no.2 stated to the petitioner that she did not like the culture and atmosphere of assam stating that she hails from delhi and is an open minded girl and thereafter, she forced the petitioner to shift to delhi.3. ..... vide the present petition, the petitioner seeks direction thereby to set aside the impugned order dated 25.11.2016 passed by the special judge (pc act), (cbi-6) patiala house courts, new delhi in ca no.87titled as edwin murmu vs. ..... further case of the petitioner is that right from the inception of the marriage, the respondent no.2 has been completely non-adjusting and non cooperative and has never taken any interest in the household and daily crl.m.c ..... learned counsel further submits that the learned trial court without considering the facts and circumstances of the case, was pleased to dismiss the application under section 5 of the limitation act as well as the appeal filed by the petitioner.14. .....
Tag this Judgment!Court : Delhi
..... the petitioner further submitted that crl.m.c.no.4347/2019 page 2 of 7 he submitted a detailed affidavit in response to the application under section 23 of the protection of women from domestic violence act, 2005 wherein he had stated that his earnings were rs.19,260/- per month, which he receives as a salary from the north delhi municipal corporation, malaria department, new delhi and had submitted therein that he pays a sum of rs.5,000/- to his parents pursuant to an undertaking given ..... has further submitted that the respondent had filed the petition under section 12 of the protection of women from domestic violence act, 2005 against him in order to extort money and to harass him and had frivolously sought grant ..... no.426, block-k, jj colony shakarpur, delhi by his father, the observations of the learned trial court and the first appellate court that the appellant has some other source of income/ support from his parents other than his monthly emoluments cannot be disbelieved and that in the circumstances, the award of a sum of rs.10880/- per month to be paid towards maintenance to the crl.m.c.no.4347 ..... be rs.5880/- per month and taking into account the observations that have been made by the learned trial court and the learned appellate court that there are no withdrawals from the account of the appellant from april to december, 2016 and withdrawals, if any, have been only for a petty amount and that the amount withdrawn was only in lumpsum to contribute towards construction of .....
Tag this Judgment!Court : Karnataka
..... an application under section 12 of the protection of women from domestic violence act, 2005 (in 4 short act 2005) before the court of the addl. ..... bengaluru has jurisdiction to try and to decide the application filed by the respondent herein under section 12 of the protection of women from domestic violence act, 2005.12. ..... the protection of women from the domestic violence act, 2005 is a special act providing more effective protection of the rights of women, who are victims of violence of any kind occurring within the family and for matters connected ..... learned magistrate reads as under ; the honble chief metropolitan magistrate, bengaluru by special notification dated 03.06.2015, allotted jurisdiction to all metropolitan traffic courts as per the annexure of the said notification and from then, the petitions were directed to be filed 14 before the mmtcs, prior to this notification, it is the cmm court which used to allot the petition under the protection of women from the domestic violence act, 2005 to the mmtcs. ..... 2010 scconline del2977, the 17 high court of delhi while dealing with section 27 of the act 2005, has observed thus: para 8 from different provisions of this act, it is apparent that the scheme of the act provides that protection officer, service provider and police to help the aggrieved person in not only approaching the court for redressal but to ensure that the domestic violence is not further perpetuated and an aggrieved person gets shelter either in the shelter home or .....
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