Proceedings Under Section 12 Domestic Violence Act Not Bar To Initiating Criminal Action, Lodging FIR U/S 498A IPC: JKL High Court
2 years ago

Proceedings Under Section 12 Domestic Violence Act Not Bar To Initiating Criminal Action, Lodging FIR U/S 498A IPC: JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Monday ruled that merely because proceedings have been initiated by a wife against her husband under the Protection of Women from Domestic Violence Act, 2005, no bar can be construed against lodging an first information report for cruelty under Section 498A of the Indian Penal Code. Single-judge Justice Sanjay Dhar said that the scope of proceedings under Section 12 of the DV Act and the scope of criminal proceedings initiated pursuant to lodging of FIR for cruelty under IPC are entirely different. The petitioner also contended that since the wife had already filed an application under Section 12 of DV Act, she cannot be allowed to lodge an FIR against the petitioner-husband and his relatives for Section 498A offence. Adjudicating upon the matter Justice Dhar observed that merely because the wife has filed an application under DV Act, she cannot be debarred from lodging FIR against the petitioner for investigating the acts of cruelty alleged to have been perpetrated by her husband against her.

Court Domestic Violence Ipc Respondent No Proceedings Petitioner Section 12 Dv Act Lodging Fir Criminal Act  domestic  court  initiating  dv  petitioner  ipc  high  criminal  act  proceedings  relatives  wife  filed  respondent  violence  lodging  fir  jkl

History of this topic

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court
3 months ago

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time. Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2 of the DV Act …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
Trending News
3 months ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court
7 months, 2 weeks ago

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has ruled that a domestic relationship under the Domestic Violence Act, can be established through past cohabitation, and current cohabitation is not a requirement for the same. So, merely because the petitioner and respondent No.1 are not presently living in a shared household, it cannot be stated that there is no domestic …

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024
8 months, 2 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Live Law  

Nominal Index: State Vs Raj Kumar 2024 LiveLaw 166 Yunius Hussain Vs UT of J&K 2024 LiveLaw 167 Manzoor Hussain Vs UT Of J&K 2024 LiveLaw 168 ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw 169 Vinod Kumar Vs Somi Devi 2024 LiveLaw 170 Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw 171 NAZIR AHMAD DAR & …

Indian courts can hear domestic violence case even if happened abroad: Bombay HC
1 year, 11 months ago

Indian courts can hear domestic violence case even if happened abroad: Bombay HC

Hindustan Times  

A court in India can take cognizance of a case of domestic violence even if the alleged offence takes place in a foreign country, the Nagpur bench of the Bombay High Court has held. The court recently rejected a plea by an Indian man who claimed that a magistrate's court in Nagpur can not act on a complaint of domestic …

Application Under Section 12 Domestic Violence Act Not A 'Complaint', Does Not Attract Procedure U/S 200-204 CrPC: Meghalaya High Court
2 years ago

Application Under Section 12 Domestic Violence Act Not A 'Complaint', Does Not Attract Procedure U/S 200-204 CrPC: Meghalaya High Court

Live Law  

The Meghalaya High Court recently ruled that an application under Section 12 of the Domestic Violence Act is not a complaint and the procedure and proceedings under Sections 200, 202 and 204 CrPC cannot be pursued by the parties or by the Magistrate. Alleging contravention of the procedures under the Domestic Violence Act, the petitioner further submitted that even if …

Supreme Court Annual Digest 2022- Domestic Violence Act, 2005
2 years, 1 month ago

Supreme Court Annual Digest 2022- Domestic Violence Act, 2005

Live Law  

Protection of Women from Domestic Violence Act, 2005 Protection of Women from Domestic Violence Act, 2005 - Appeal against the Madras HC judgment which quashed proceedings under Domestic Violence Act on the ground of limitation - Allowed - High Court was in error in observing that the application under Section 12 of the Act ought to have been filed within …

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife
2 years, 1 month ago

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife

Live Law  

Expressing a prima facie view, the Delhi High Court has said that the protection under Protection of Women from Domestic Violence Act, 2005 is not available to a husband or male member of the family, in view of sections 2 of the statute.Section 2 defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship …

Proceedings Under Section 12 Of DV Act Can Be Challenged Only Under Article 227, Not Section 482 CrPC: Madras High Court Full Bench
2 years, 4 months ago

Proceedings Under Section 12 Of DV Act Can Be Challenged Only Under Article 227, Not Section 482 CrPC: Madras High Court Full Bench

Live Law  

A Full Bench of the Madras High Court on Thursday held that proceedings under Section 12 of the Domestic Violence Act can be challenged in the High Court only under Article 227 of the Constitution and not by invoking the court's power under Section 482 CrPC.The matter was referred to the bench of Justice PN Prakash, Justice RMT Teeka Raman …

Matrimonial Offences Including S.498A IPC May Be Quashed In Exercise Of Powers U/S 482 CrPC When Parties Arrive At Settlement: J&K&L High Court
2 years, 6 months ago

Matrimonial Offences Including S.498A IPC May Be Quashed In Exercise Of Powers U/S 482 CrPC When Parties Arrive At Settlement: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that offences arising out of matrimony, where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court will be within its jurisdiction to quash the criminal proceedings. The bench of Justice Sanjay Dhar was hearing a plea whereby the petitioner …

Abducting In Order To Murder: Uttarakhand High Court Quashes FIR U/S 364 IPC On Mutual Settlement
3 years ago

Abducting In Order To Murder: Uttarakhand High Court Quashes FIR U/S 364 IPC On Mutual Settlement

Live Law  

The Uttarakhand High Court has quashed a First Information Report registered under Section 364, IPC which deals with "kidnapping or abducting in order to murder". While quashing the FIR, a Single Judge Bench of Justice Alok Kumar Verma observed, "Though, this Court would normally be hesitant to quash the First Information Report, lodged under Section 364 I.P.C., it is noticed …

Bombay HC Allows Transfer Of Proceedings In A Case Of Domestic Violence Due To Husband’s Fear From Wife And Relatives [Read Order]
6 years, 5 months ago

Bombay HC Allows Transfer Of Proceedings In A Case Of Domestic Violence Due To Husband’s Fear From Wife And Relatives [Read Order]

Live Law  

In an unusual case, the Bombay High Court has allowed transfer of proceedings from JMFC Shindkheda to JMFC Dhule in a case under the Domestic Violence Act as the applicant husband fears for his security from wife and her relatives.Justice AM Badar was hearing the application filed by the husband and said that justice would be served in transferring the …

All Live-in Relationships Are Not Covered Under Provisions Of Domestic Violence Act: Bombay HC [Read Judgment]
6 years, 7 months ago

All Live-in Relationships Are Not Covered Under Provisions Of Domestic Violence Act: Bombay HC [Read Judgment]

Live Law  

" It is only those relationships which qualify to be the relationship in the nature of marriage which are governed by that provision. In order to constitute such a relationship, a legal marriage between the two must be possible.”The Bombay High Court has held that in order to claim any relief under the provisions of the Domestic Violence Act, relations …

Pendency Of Divorce Petition Not A Bar To Initiate Proceeding Under DV Act: Madras HC [Read Judgment]
7 years, 10 months ago

Pendency Of Divorce Petition Not A Bar To Initiate Proceeding Under DV Act: Madras HC [Read Judgment]

Live Law  

Madras High Court has recently held that pendency of divorce petition filed by husband is not a bar to initiate proceedings under Domestic Violence Act by wife.Justice PN Prakash was hearing a petition filed by husband and his parents to quash the proceedings under Domestic Violence Act filed by wife.The petitioners submitted that wife of third respondent is visually challenged …

Pendency Of Divorce Petition Not A Bar To Initiate Proceeding Under DV Act: Madras HC [Read Judgment]
7 years, 10 months ago

Pendency Of Divorce Petition Not A Bar To Initiate Proceeding Under DV Act: Madras HC [Read Judgment]

Live Law  

Madras High Court has recently held that pendency of divorce petition filed by husband is not a bar to initiate proceedings under Domestic Violence Act by wife.Justice PN Prakash was hearing a petition filed by husband and his parents to quash the proceedings under Domestic Violence Act filed by wife.The petitioners submitted that wife of third respondent is visually challenged …

Husband Can Initiate Proceedings Under DV Act Against Wife, Her Relatives: Karnataka HC [Read Order]
7 years, 10 months ago

Husband Can Initiate Proceedings Under DV Act Against Wife, Her Relatives: Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has recently held that any person, whether male or female, aggrieved and alleging violation of the provisions of the Domestic Violence Act, can invoke the provisions under the Act.Justice Anand Byrareddy was hearing a petition filed by Mohammed Zakir against dismissal of his complaint filed under the Domestic Violence Act against his wife and her relatives …

Husband Can Initiate Proceedings Under DV Act Against Wife, Her Relatives: Karnataka HC [Read Order]
7 years, 10 months ago

Husband Can Initiate Proceedings Under DV Act Against Wife, Her Relatives: Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has recently held that any person, whether male or female, aggrieved and alleging violation of the provisions of the Domestic Violence Act, can invoke the provisions under the Act.Justice Anand Byrareddy was hearing a petition filed by Mohammed Zakir against dismissal of his complaint filed under the Domestic Violence Act against his wife and her relatives …

Complaints under Domestic Violence Act can be quashed invoking Section 482 CrPC : Gujarat HC (DB) [Read Judgment]
9 years, 3 months ago

Complaints under Domestic Violence Act can be quashed invoking Section 482 CrPC : Gujarat HC (DB) [Read Judgment]

Live Law  

Once the applicability of the Code of Criminal Procedure has started on account of any judicial order passed by the learned Magistrate including issuance of notice either under Section 12 or 18 or 19 or 20 or 21 or 22 or 23 or 31 of the Act independently or jointly, remedial measures to the aggrieved person as provided under the …

Complaints under Domestic Violence Act can be quashed invoking Section 482 CrPC : Gujarat HC (DB) [Read Judgment]
9 years, 3 months ago

Complaints under Domestic Violence Act can be quashed invoking Section 482 CrPC : Gujarat HC (DB) [Read Judgment]

Live Law  

Once the applicability of the Code of Criminal Procedure has started on account of any judicial order passed by the learned Magistrate including issuance of notice either under Section 12 or 18 or 19 or 20 or 21 or 22 or 23 or 31 of the Act independently or jointly, remedial measures to the aggrieved person as provided under the …

FIR alleging rape can be quashed where accused and victim compromise and are happily married: Punjab and Haryana High Court
9 years, 10 months ago

FIR alleging rape can be quashed where accused and victim compromise and are happily married: Punjab and Haryana High Court

Live Law  

Justice Raj Mohan Singh of Punjab and Haryana High Court has held that FIR alleging rape, during subsistence of love affair between couples, can be quashed on the basis of compromise and subsequent marriage of the couple.The Court was hearing a petition for quashing of FIR alleging rape, filed in 2014 at Police Station City Sunam, District Sangrur on the …

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