Domestic violence at a Glance

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; ` … Continue reading Domestic violence at a Glance

Ashok Kumar Vs State of Haryana[ALL SC 2010 JULY]

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 … Continue reading Ashok Kumar Vs State of Haryana[ALL SC 2010 JULY]

Aviral Bhatla Vs Bhawana Bhatla[ALL SC 2009 FEBRUARY]

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 … Continue reading Aviral Bhatla Vs Bhawana Bhatla[ALL SC 2009 FEBRUARY]

Shri Naorem Shamungou Singh  Vs.  Smt. Moirangthem Guni Devi[ ALL HC MANIPUR 2014 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 … Continue reading Shri Naorem Shamungou Singh  Vs.  Smt. Moirangthem Guni Devi[ ALL HC MANIPUR 2014 FEBRUARY]

Krishna Bhatacharjee Vs. Sarathi Choudhury and ANR [SC 2015 November]

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 … Continue reading Krishna Bhatacharjee Vs. Sarathi Choudhury and ANR [SC 2015 November]

V.D.Bhanot vs Savita Bhanot [SC 2012 FEBRUARY]

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 … Continue reading V.D.Bhanot vs Savita Bhanot [SC 2012 FEBRUARY]

Indra Sarma vs V.K.V.Sarma[SC 2013 NOVEMBER]

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 … Continue reading Indra Sarma vs V.K.V.Sarma[SC 2013 NOVEMBER]

Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari & ANR [SC 2016 April]

Keywords :- Domestic violence 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. APRIL 18, 2016 SUPREME COURT OF INDIA Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari & ANR [Criminal Appeal … Continue reading Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari & ANR [SC 2016 April]

An Ideal Domestic Violence Statute

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 … Continue reading An Ideal Domestic Violence Statute

Chanmuniya Vs Chanmuniya Virendra Kumar Singh Kushwaha and Another [SC 2010 October]

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); … Continue reading Chanmuniya Vs Chanmuniya Virendra Kumar Singh Kushwaha and Another [SC 2010 October]

HIRAL P. HARSORA AND ORS. VERSUS KUSUM NAROTTAMDAS HARSORA AND ORS [SC 2016 OCTOBER] DV

Key Words:-Domestic Violence-Adult male-constitutional validity The words “adult male” in Section 2(q) of the 2005 Act will stand deleted since these words do not square with Article 14 of the Constitution DATE : 06-10-2016 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10084 of 2016 (ARISING OUT OF SLP (CIVIL) NO. … Continue reading HIRAL P. HARSORA AND ORS. VERSUS KUSUM NAROTTAMDAS HARSORA AND ORS [SC 2016 OCTOBER] DV

D. Velusamy Vs D. Patchaiammal[SC 2010 October]

KeyWords:- Maintenance-Delay-a relationship in the nature of marriage-Polimony-common law marriage⇒ It is not for Supreme Court to legislate or amend law—Parliament has used expression “relationship in nature of marriage” and not live-in-relationship—Court in garb of interpretation cannot change language of statute. The petition under Section 125 Cr.P.C. filed in the year 2001, i.e. after a … Continue reading D. Velusamy Vs D. Patchaiammal[SC 2010 October]