Court : Supreme Court of India
..... this judgment, this court struck down a portion of section 2(q) of the protection of women from domestic violence act, 2005. ..... , the words adult male person are contrary to the object of affording protection to women who have suffered from domestic violence of any kind . ..... behalf to the landlord and the tribunal in the prescribed manner within the period specified in that sub-section: provided that, if a tenant holding land from a landlord (who was a minor and has attained majority before the commencement of the tenancy and agricultural lands laws (amendment) act, 1969) has not given intimation as required by this sub-section but being in possession of the land on such commencement is desirous of exercising the right ..... application of the aforesaid severability principle would make it clear that having struck down the expression adult male in section 2(q) of the 2005 act, the rest of the section is left intact and can be enforced to achieve the object of the legislation without the offending words ..... of this court have referred to the fact that the equality before law concept has been derived from the law in the uk, and the equal protection of the laws has been borrowed from the 14th amendment to the constitution of the united states of america. ..... therefore, strike down the words adult male before the word person in section 2(q), as these words discriminate between persons similarly situate, and far from being in tune with, are contrary to the object sought to be achieved by the 2005 act. .....
Tag this Judgment!Court : Delhi
..... rightly observed that the appellant/wife instead of taking care of her mother-in-law, chose to file a false complaint against her and other family members under the protection of women from domestic violence act, 2005, and within four days of the mother-in-law returning to her home, she had given a call to the police on 08.08.2007, again alleging mat.app.(f.c. ..... of the respondent/husband was centred on the said property/house left by his father, non payment of the maintenance and the other legal proceedings in the domestic violence petition. ..... the respondent/husband approached the family court seeking a divorce on the grounds of cruelty by moving a petition under section 13(1)(i-a) of the hindu marriage act, 1955 (hereinafter referred to as the act ) alleging inter alia that he could not continue with the marriage on account of the cruel treatment meted out to him by the appellant/wife, as ..... the respondent also refused to cook food for the petitioner and the children; the respondent did not come back from her parental home for about days when she had gone there due to accident of her brother and said allegations are related to the behaviour of the respondent and part of ..... but such voluntariness, if at all there was, cannot be interpreted to be an act of desertion on his part as admittedly when his mother was admitted in the hospital for treatment from 02.08.2007 to 04.08.2008, the appellant/wife had filed a complaint on 03.08.2007, alleging that the mother-in-law had actually beaten .....
Tag this Judgment!Court : Delhi
..... however, under the protection of women from domestic violence act, 2005, aggrieved person and domestic relationship are defined as:-" section 2(a) aggrieved person means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; section 2(f) domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are ..... 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. ..... 378/2019 page 7 of 9 application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... the respondent preferred a complaint under section 12 of the prevention of women from domestic violence act against her husband and his family members including the petitioner alleging by husband and his family members including the petitioner on false and concocted facts. .....
Tag this Judgment!Court : Karnataka Dharwad
..... passed in c.mis.no.70/2014 which was filed by the mother of respondent/plaintiff in the court below, along with her five children namely, mahantesh, padmini, pooja, keerthinath and sukanya, under sections 18 to 20 and 22 of the protection of women from domestic violence act, 2005, which was disposed of by order dated 01.08.2015; the order dated 03.06.2014 passed on an application filed under section 23 of the ..... the petition which was filed under protection of women from domestic violence act, has reached finality in providing protection order to the wife and children by order dated 01.08.2015 and it is seen that some of the orders therein are pending consideration before the principal district and sessions judge, gadag, in ..... after hearing the learned counsel for the appellant and the respondent and also on going though the records in o.s.no.12/2014 from which the present appeal arises and also other documents, it is clearly seen that the family of the appellant is divided vertically with appellant herein on one side and his wife and their five ..... judge, family court, gadag, which was filed under section 9 of the hindu marriage act, by the respondents mother against the appellant herein, which was allowed by the aforesaid order and the decree drawn thereunder in the said proceedings; the appeal ..... the said suit in o.s.no.12/2014 was filed under section 20 of the hindu adoption and maintenance act, along with invoking the provisions of order vii rule 1 of the code of civil procedure.3 .....
Tag this Judgment!Court : Delhi
..... also filed a complaint case under section 12 of the protection of women from domestic violence act, 2005 against the respondent/petitioner and his family members on 21.02.2009 ..... facts as are relevant for the disposal of the present appeal, as made out from the record, are that on 10.12.2005, the marriage between the parties was solemnized at delhi according to hindu rites and ..... her cross-examination, she admitted to the fact that she had remained in the hospital only for 5 days, from 01.04.2007 to 05.04.2007 whereas the processes were issued subsequently, in the months of may, july and august, ..... her explanation was that she was ill and was visiting the hospital from time to time and being unavailable at home, could have had no opportunity or occasion to refuse the process of ..... subsequently, the respondent/petitioner filed for divorce on 06.11.2008, under section 13(1) (i-a), (i-b) and 13 (1-a) of the act, on the grounds of cruelty, desertion as well as non cohabitation by the parties after the grant of a decree of judicial separation, which is ..... petitioner filed a petition under section 10 of the hindu marriage act, 1955 (for short, the act ) on 19.05.2007 seeking judicial separation from his wife. ..... ) 57/2017 page 7 of 8 contemplated in section 27 of the general clauses act, 1897, to conclude that the appellant/respondent was duly served and had failed to contest ..... page 1 of 8 01.04.2007, a son was born to the parties who was suffering from a congenital heart ailment (hole in the heart).3. .....
Tag this Judgment!Court : Delhi
..... the suit is being contested inter alia, by the first respondent claiming a right to live in the subject property also referring in this context to the provisions of protection of women from domestic violence act, 2005, her case being that the property is owned by joint hindu family/huf wherein her husband (third respondent) also has a share and consequently she being in a position to exercise her right to residence therein.5. ..... the prayers in the said civil suit include one for a decree for eviction of the first respondent (first defendant in the suit) from the suit property and for the peaceful and vacant possession fao no.98/2019 page 1 of 4 thereof to be handed over to him (the plaintiff). .....
Tag this Judgment!Court : Delhi
..... petitioner had filed an application under protection of women from domestic violence act, 2005 and along with the application had filed an interim application under section 23 seeking interim maintenance. ..... the concept of sustenance does not necessarily mean to lead the life of an animal, feel like an unperson to be thrown away from grace and roam for her basic maintenance somewhere else. ..... there is no escape route unless there is an order from the court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds.23. ..... as expounded by the supreme court in bhuwan mohan singh (supra) applies on all fours to the grant of maintenance under the dv act. .....
Tag this Judgment!Court : Delhi
..... the parties also came to be involved in certain other cases including the petition under section 12 of protection of women from domestic violence act, 2005 and another petition under section 125 cr.p.c. ..... the learned counsel on both sides having taken instructions from their respective clients, jointly submit for record their mutual agreement and understanding that the minor child of the parties i.e. ..... she further confirmed that in terms of the said settlement, she has to receive from the first petitioner a total sum of rs. ..... no.995/2019 page 6 of 8 dacoity, financial or economic frauds, cases under arms act, etc. ..... instituted by the second respondent, the first petitioner also having filed a petition for divorce under section 13 of hindu marriage act, 1955. ..... from out of the wedlock, a girl child named rishita took birth on 21.10.2015. ..... act - or matrimonial dispute or family dispute , genuine resolution on equitable terms, in entirety, by the parties should result in criminal proceedings being quashed. .....
Tag this Judgment!Court : Delhi
..... the parties also came to be involved in certain other cases including petition under protection of women from domestic violence act, 2005 and a petition for maintenance under section 125 of the code of criminal procedure, 1973 (cr.p.c. ..... by the fresh affidavit sworn and filed by the second respondent today, she has acknowledged that she has already received another installment of rs.2,00,000/- from the petitioner, by way of a demand draft bearing no.008601, dated 02.03.2019, drawn on axis bank, shastri nagar, delhi, this satisfying her entire claim under the compromise deed.8. ..... ) by the second respondent, besides a petition under section 11 of hindu marriage act, 1955 filed by the first petitioner. ..... in heinous or serious offences, including those involving indeed economic offences affecting the financial and economic well being of the state , such as murder, attempt forgery, rape, dacoity, financial or economic frauds, cases under arms act, etc. ..... act - or matrimonial dispute or family dispute , genuine resolution on equitable terms, in entirety, by the parties should result in criminal proceedings being quashed. (v). .....
Tag this Judgment!Court : Delhi
..... in the proceedings initiated by the appellant-wife under the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act ). ..... proceedings being independent, both the orders will stand independently and, hence, husband will have to pay not only the maintenance awarded under the domestic violence act, which was of an interim nature and taking into consideration that maintenance only, the wife was awarded the maintenance under section 125 of cr.p.c ..... of the discussion would be that the respondent wife would be entitled to claim maintenance under section 20 of the domestic violence act, even though she is already getting maintenance under section 125 of the code of criminal procedure. ..... an aggrieved person can institute a petition under the domestic violence act, in addition to proceedings under section 125 of the ..... be held so in view of section 20(1)(d) of the domestic violence act, which clearly provides that, in proceedings under the d.v ..... is concerned, granting maintenance under domestic violence act is not a bar.24. ..... meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the 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 the 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, .....
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