Domestic Violence Act Cases Have No Penal Consequence Except For Breach Of Protection Order: Supreme Court Criticises Issuance Of Bailable Warrants
21 hours, 28 minutes ago

Domestic Violence Act Cases Have No Penal Consequence Except For Breach Of Protection Order: Supreme Court Criticises Issuance Of Bailable Warrants

Live Law  

The Supreme Court criticized the issuance of bailable warrant by a Magistrate in a cases under the Protection of Women from Domestic Violence Act, 2005 The Court remarked that there is no justification for issuing bailable warrants in cases under the Domestic Violence Act as they are quasi-criminal proceedings and do not carry penal consequences unless a protection order is violated. Act are quasi criminal proceedings which do not have any penal consequence except where there is a violation or breach of a protection order. The Court was hearing the transfer petition seeking the transfer of a domestic violence case filed by the petitioner's mother-in-law, under the Protection of Women from Domestic Violence Act, 2005. Accepting the petitioner's contention, the Court inclined to transfer the petition from Delhi to Ludhiana and termed the issuance of bailable warrants against the petitioner unwarranted.

Court Act Protection Order Petitioner Warrants Domestic Violence Act Bailable Warrants Bailable Warrant Bailable  protection  act  criticises  penal  order  bailable  violence  domestic  proceedings  issuance  transfer  petitioners  court  warrants  supreme

History of this topic

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide
8 months, 1 week ago

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide

Live Law  

The Supreme Court admitted a petition raising an important question of whether the compensation awarded to the victim of domestic violence should be commensurate with the degree of domestic violence suffered or the financial status of the guilty party. In 2017, the respondent had filed an application under the Protection of Women from Domestic Violence Act before the Trial Court. …

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court
1 year, 8 months ago

Bail Can't Be Denied Solely On Seriousness Of Accusations, Specific Allegations Against Accused & Evidence Must Be Considered: HP High Court

Live Law  

The Himachal Pradesh High Court has recently ruled that the court cannot deny bail based solely on the seriousness of the accusations and potential punishment and other factors, such as the allegations against the accused and available evidence, must be considered and balanced while deciding the application for bail. Observing that though, at this stage, the Court will not minutely …

Application Under Section 12 Domestic Violence Act Not A 'Complaint', Does Not Attract Procedure U/S 200-204 CrPC: Meghalaya High Court
1 year, 10 months 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 …

Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court
1 year, 10 months ago

Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court

Live Law  

The Supreme Court recently set aside a condition imposed by the Delhi High Court which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness. “In a complaint filed under the Protection of women from Domestic Violence Act, 2005, it is not open to the Court to impose such onerous conditions …

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife
1 year, 11 months 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 …

Rajasthan High Court Calls For Action Against Magistrate Who Issued Arrest Warrants While HC's Anticipatory Bail Order Was In Existence
4 years, 1 month ago

Rajasthan High Court Calls For Action Against Magistrate Who Issued Arrest Warrants While HC's Anticipatory Bail Order Was In Existence

Live Law  

The Bench of Justice Sanjeev Prakash Sharma also observed, "The action of the learned Magistrate is clearly wanting and shows scant respect to the High Court's order as well as having little knowledge relating to criminal law." The Counsel for the petitioners submitted that on coming to know about the arrest warrants, the petitioners moved an application before the Court …

Domestic Violence: Court Has To Be Prima Facie Satisfied That There Have Been Instances Of Violence Before Issuing Notice In Complaint: SC [Read Judgment]
4 years, 11 months ago

Domestic Violence: Court Has To Be Prima Facie Satisfied That There Have Been Instances Of Violence Before Issuing Notice In Complaint: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, before issuing notice in a complaint alleging Domestic Violence, the court has to be prima facie satisfied that there have been instances of domestic violence.In this case, a wife had made allegations of domestic violence against fourteen persons, including her husband and his parents. The Supreme Court has observed that, before issuing notice in …

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