In V.D. Bhanot Vs. Savita Bhanot, In the said case, this Court held as follows: 12. We agree with the view expressed by the High Court that in looking into a complaint u/s 12 of the PWD Act, 2005, the conduct of the parties even prior to the coming into force of the PWD Act,… Read More Conduct of parties prior to the coming of PWD Act, could be taken into cognizance
1. Kunapareddy @Nookala shanka balaji vs Kunapareddy Swarna Kumari & Anr (SC) Amendment in the complaint was allowed: cognizance not taken, did not change the original nature and summons were yet to be ordered to be issued. 2. Hiralal P. Harsora & Ors. vs Kusum Narotamdas Harsora & Ors. (SC) Section 2(q) ‘adult male’ struck off before the… Read More Digest Domestic Violence Act 2005
DV act applies to Only the victim of the violence all women who are subject of 125 Cr.P.C All women who are not staying with the husband women who are victim of violence within the family Aggrieved Person includes woman having domestic relationship A woman in live- in relations a mother whom the son not… Read More OBJECTIVE SAMPLE QUESTIONS ON THE PROTECTION OF DOMESTIC VIOLENCE ACT, 2005
Kerala HC couple allows Muslim teenage couple to stay together[ Jun 01, 2018] Adult couple can live together without marriage: Supreme Court[May 06, 2018] Delhi court frees man of rape, false marriage charges; says woman was mature enough and was in live- in relation with the man[Apr 21, 2017] Rajasthan human rights panel turns to people for… Read More LIVE-IN RELATIONSHIPS IN INDIA [UPDATES]
Law Library Meaning of domestic violence and its scope Domestic violence means any unlawful act, omission or behaviour which results in death or the direct infliction of physical, sexual or mental injury to any complainant by a respondent and includes the following— (a) physical abuse; (b) sexual abuse; (c) emotional, verbal and psychological abuse; `… Read More Domestic violence at a Glance
KEYWORDS:-the cruelty, harassment and demand of dowry should not be so ancient whereafter, the couple and the family members have lived happily. DATE:-08-07-2010 AIR 2010 SC 2839 : (2010) CriLJ SC 4402 : JT 2010 (7) SC 460 : (2010) 12 SCC 350 : (2010) 7 SCALE 30 (SUPREME COURT OF INDIA) Ashok Kumar Appellant… Read More Ashok Kumar Vs State of Haryana[ALL SC 2010 JULY]
KEYWORDS:- DOMESTIC VIOLENCE-SETTLEMENT DATE:-18-02-2009 AIR 2009 SCW 6622 : (2009) 3 SCALE 120 : (2009) 3 SCC 448 (SUPREME COURT OF INDIA) Aviral Bhatla Appellant Versus Bhawana Bhatla Respondent (Before : Arijit Pasayat And Asok Kumar Ganguly, JJ.) Transfer Petn. (Civil) Nos. 431 with 1052 of 2008, Decided on : 18-02-2009. Hindu Marriage Act, 1955—Sections… Read More Aviral Bhatla Vs Bhawana Bhatla[ALL SC 2009 FEBRUARY]
KEYWORDS:- PROCEDURE OF HEARING OF AN APPLICATION UNDER DOMESTIC VIOLENCE ACT- DATE:-07.02.2014 Rule 6 of the Protection of Women from Domestic Violence Act, 2006 provides that applications under Section 12 of the Act shall be dealt and orders enforced in the manner laid down in Section 125 of the Cr.P.C. 1973. even though section 28(1) specifically… Read More Shri Naorem Shamungou Singh Vs. Smt. Moirangthem Guni Devi[ ALL HC MANIPUR 2014 FEBRUARY]
KEYWORDS:-STRIDHAN – DOMESTIC VIOLENCE- DATED:-November 20, 2015- ACT: Domestic Violence Act As long as the status of the aggrieved person remains and stridhan remains in the custody of the husband, the wife can always put forth her claim under Section 12 of the 2005 Act. SUPREME COURT OF INDIA Krishna Bhatacharjee Vs. Sarathi Choudhury and… Read More Krishna Bhatacharjee Vs. Sarathi Choudhury and ANR [SC 2015 November]
KEYWORDS:-DOMESTIC VIOLENCE A petition under the provisions of the PWD Act, 2005, is maintainable even if the acts of domestic violence had been committed prior to the coming into force of the said Act, notwithstanding the fact that in the past she had lived together with her husband in a shared household, but was no… Read More V.D.Bhanot vs Savita Bhanot [SC 2012 FEBRUARY]
KEYWORDS:-relationship in the nature of marriage-live-in relationship-domestic violence- bigamous relationship-mistress- The appellant, having been fully aware of the fact that the respondent was a married person, could not have entered into a live-in relationship in the nature of marriage. All live-in- relationships are not relationships in the nature of marriage. Appellant’s and the respondent’s relationship… Read More Indra Sarma vs V.K.V.Sarma[SC 2013 NOVEMBER]
Keywords:- Domestic violence- Amendment of the Complaint If the power to amend the complaint/application etc. is not read into the aforesaid provision, the very purpose which the Act attempts to sub-serve itself may be defeated in many cases. Decided On:-APRIL 18, 2016 SUPREME COURT OF INDIA Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari… Read More Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari & ANR [SC 2016 April]
In this introduction, I tried to put some basic ingredients of an Ideal Domestic Violence statute, which eventually not available or fully discussed in Indian domestic violence act 2005 (Act no 43 of 2005) . Indian Statute is completely biased and failed to take the issue of false allegations. Again another issue could be raised regarding… Read More An Ideal Domestic Violence Statute
Keywords :- Live in relationship:- wife- Women in live-in relationships are also entitled to all the reliefs given in the said Act. [ref: to larger bench] (SUPREME COURT OF INDIA) (Before : G. S. Singhvi and Asok Kumar Ganguly, JJ.) Civil Appeal No. … of 2010 (Arising out of SLP (Civil) No. 15071 of 2009);… Read More Chanmuniya Vs Chanmuniya Virendra Kumar Singh Kushwaha and Another [SC 2010 October]
