Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court
9 months, 3 weeks ago

Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court

Live Law  

The Allahabad High Court has held that proceedings under Chapter IV of the Domestic Violence Act, 2005 are civil in nature and amendments to applications made to the Magistrate under Section 12 of the Act are allowed to be made. The Court relied on the decision of the Supreme Court in Kunapareddy Alias Nookala Shanka Balaji v. Kunapareddy Swarna Kumari and Another to hold that it had the power to allow amendment to applications filed under the DV Act provided no prejudice was cause to the other side. The enactment of law was made keeping in view the rights guaranteed under Articles 14, 15 and 21 of the Constitution and to provide for a remedy in the civil law which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.” The Court noted that under Section 2 of the DV act, the 'aggrieved person' was defined with respect to a 'respondent' defined under Section 2 and not referred to an accused. Further reliance was place on Kunapareddy Alias Nookala Shanka Balaji v. Kunapareddy Swarna Kumari and Another, where the Supreme Court held that with respect to Section 28, though proceedings under Section 18 and 20 were to be governed by the provisions in the CrPC, they were “undisputedly” of a civil nature.

Nature Civil Law Violence Court Civil Domestic Violence Application Domestic Held Amendment Proceedings Act Magistrate Crpc Section 12 Domestic Violence Act Section 31 Such Amendment Civil Nature Section 28 Chapter Iv  high  application  civil  sought  act  remedies  domestic  court  violence  amendment  held  dv  proceedings  nature

History of this topic

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court
3 weeks, 1 day ago

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court

Live Law  

The Delhi High Court has observed that a woman's claim seeking right to shared household under Section 17 of the Protection of Women from Domestic Violence Act 2005 is valid even in the absence of domestic violence. Justice Neena Bansal Krishna thus ruled that an application/complaint under Section 12 of the Act before the Magistrate is maintainable even if there …

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC
1 month ago

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC

Live Law  

The Kerala High Court ruled that amending an original petition filed before the Family Court incorporating reliefs under the Protection of Women from Domestic Violence Act, 2005 is permissible and that it will not change the nature and character of the original petition. Snehalatha allowed the petition for amendment filed under Order VI Rule 17 CPC to incorporate reliefs under …

DV Act | Husband's Relatives Who Don't Even Live In Shared Household Are Implicated In Cases For Harassment: Allahabad HC
1 month, 2 weeks ago

DV Act | Husband's Relatives Who Don't Even Live In Shared Household Are Implicated In Cases For Harassment: Allahabad HC

Live Law  

The Allahabad High Court recently observed that in many cases, to harass the husband's family or the person in a domestic relationship, the aggrieved party implicates relatives who have never lived with them in the shared household. A bench of Justice Arun Kumar Deshwal added that while issuing notice under Section 12 of the Domestic Violence Act, the courts must …

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court
2 months, 1 week ago

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court

Live Law  

The Delhi High Court has held that two persons who lived together in a shared household through a relationship in the “nature of marriage” would also be called to be in a domestic relationship under the Domestic Violence Act. “Even otherwise, in terms of Section 2 of the Act, the relationship of parties living together through a relationship in the …

Allahabad High Court Monthly Digest : December 2024
2 months, 2 weeks ago

Allahabad High Court Monthly Digest : December 2024

Live Law  

ORDERS/JUDGMENTS OF THE MONTH Passing Reinstatement Order Pursuant To Quashing Of Earlier Suspension Not Necessary For Suspending An Employee Again: Allahabad High Court Case Title: Dr. Gyanvati Dixit v. State Of U.P. Once HC Directs To Avail Alternate Remedy, Appeal U/S 107 GST Cannot Be Dismissed As Not Maintainable: Allahabad High Court Case Title: M/S New Okhla Industrial Development Authority …

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 …

High Court Allows Inherent Power Under Section 482 CrPC in Domestic Violence Proceedings
4 months, 2 weeks ago

High Court Allows Inherent Power Under Section 482 CrPC in Domestic Violence Proceedings

Live Law  

The Punjab & Haryana High Court has made it clear that the Court can exercise its inherent power under Section 482 CrPC in domestic violence proceedings. The court considered a question regarding the applicability of Section 482 CrPC on proceedings under the Domestic Violence (DV) Act and concluded that Section 482 CrPC is applicable in such cases.

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 …

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024
8 months, 1 week ago

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024

Live Law  

NOMINAL INDEX State Of U.P. India's Majority Population Would Be In Minority One Day If Conversions In Religious Congregations Not Stopped: Allahabad HC Case title – Kailash vs state of UP 2024 LiveLaw 415 Case citation: 2024 LiveLaw 415 The Allahabad High Court observed that if the current trend of conversions during religious congregations is permitted to continue, the majority …

[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court
8 months, 3 weeks ago

[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court

Live Law  

The Allahabad High Court has held that amendments and additional reliefs permissible under Section 12 of the Protection of Women from Domestic Violence Act, 2005, would be maintainable in the form of a fresh application under Section 23 of the Protection of Women from Domestic Violence Act, 2005. Thus, she filed an application under Section 12 read with Section 23 …

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide
10 months, 3 weeks 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. …

HC upholds Rs 3-cr compensation, Rs 1.5 lakh maintenance to woman in domestic violence case
11 months, 3 weeks ago

HC upholds Rs 3-cr compensation, Rs 1.5 lakh maintenance to woman in domestic violence case

Deccan Chronicle  

Mumbai, Mar 26 The Bombay High Court has upheld a trial court order directing a husband to pay a Rs 3-crore compensation and monthly maintenance of Rs 1.5 lakh to his estranged wife, observing a factor that can be considered for deciding the payout quantum is the impact of acts of domestic violence on the aggrieved person. Justice Sharmila held …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
1 year, 2 months ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

Allahabad High Court Annual Family Law Digest 2023
1 year, 2 months ago

Allahabad High Court Annual Family Law Digest 2023

Live Law  

LiveLaw brings to you Allahabad High Court Digest on Family law cases from the year 2023. While observing thus, the bench of Justice Raj Beer Singh set aside an order of the Family Court whereby the plea filed by one Shakila Khatun, a divorcee, under Section 125 CrPC was dismissed by holding that a divorced Muslim woman is not entitled …

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court
1 year, 2 months ago

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005, merely on the basis of allegations of illicit relationship which are yet to be proved during the course of trial.Justice Anoop Kumar Mendiratta dismissed a husband's plea against a trial court order directing him to pay …

Can Proceedings Under Domestic Violence Act Be Transferred To Family Court? Bombay HC Directs Registry To Place Matter Before Appropriate Bench
1 year, 7 months ago

Can Proceedings Under Domestic Violence Act Be Transferred To Family Court? Bombay HC Directs Registry To Place Matter Before Appropriate Bench

Live Law  

The Bombay High Court has directed its Registry to place before an appropriate bench a clutch of petitions to decide a common legal issue – whether family courts are competent to hear domestic violence cases. “A common question involved is whether the Family Court established under the Family Courts Act, 1984 is competent to conduct the proceedings and give the …

Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad: Bombay High Court
1 year, 11 months ago

Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad: Bombay High Court

Live Law  

The Bombay High Court recently held that judicial magistrate in India can take cognizance of domestic violence committed in foreign soil under the Protection of Women From Domestic Violence Act, 2005. Justice GA Sanap of the Nagpur bench observed that the Act is a social beneficial legislation and the lawmakers worded section 27 of the Act keeping in mind possible …

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 …

DV Act: Men Can Be Victims Too As Forms Of Gender Violence Differ In Different Social Settings
1 year, 11 months ago

DV Act: Men Can Be Victims Too As Forms Of Gender Violence Differ In Different Social Settings

ABP News  

In a recent judgment, the Delhi High Court held that protection under the Domestic Violence Act is not available to men. The proceeding was earlier initiated by the husband of the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which refers to filing the application before the magistrate. Consequently, with the efforts of the …

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 …

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

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 …

Foreigners can also move Indian courts in domestic abuse case, says Madras HC
2 years, 1 month ago

Foreigners can also move Indian courts in domestic abuse case, says Madras HC

Hindustan Times  

The Madras high court has said that even foreigners can invoke Domestic Violence Act, 2005 in Indian courts and that the residence of women is immaterial. Justice S M Subramaniam observed that Indian courts cannot shut out an independent consideration of the matter just because a foreign court has taken a particular view A single judge bench was hearing a …

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 …

‘Has Become Common Practice To Convert Some Other Dispute Into Domestic Violence Complaint’: Kerala HC Asks Magistrates To Act With Caution
2 years, 2 months ago

‘Has Become Common Practice To Convert Some Other Dispute Into Domestic Violence Complaint’: Kerala HC Asks Magistrates To Act With Caution

Live Law  

Observing the existence of a domestic relationship is sine qua non for seeking relief under the Protection of Women from Domestic Violence Act, the Kerala High Court has said it has become a common practice to convert some other dispute into a 'domestic violence complaint'.The magistrates must not casually and mechanically issue summons in such cases, said the court. Observing …

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 …

Over 4 lakh cases pending under Domestic Violence Act, Supreme Court told
2 years, 6 months ago

Over 4 lakh cases pending under Domestic Violence Act, Supreme Court told

India Today  

A total of 4,71, 684 original cases and 21,088 appeals are pending under the Domestic Violence Act in the county, according to the data submitted by the National Legal Services Authority before the Supreme Court. COURT ASKS DETAILS OF CASES The submissions have been made in a plea filed by NGO ‘ We the Women’ seeking directions for implementation of …

Whether Proceeding U/S 12 Domestic Violence Act Can Be Challenged Under Article 227 Constitution/ S.482 CrPC? Madras HC Refers Issue To Larger Bench
2 years, 7 months ago

Whether Proceeding U/S 12 Domestic Violence Act Can Be Challenged Under Article 227 Constitution/ S.482 CrPC? Madras HC Refers Issue To Larger Bench

Live Law  

A single judge of the Madras High Court recently referred to a larger bench, the question regarding the applicability of provisions of Section 482 CrPC and/or Article 227 of the Constitution for quashing an application under Section 12 of the Domestic Violence Act. Justice Sathish Kumar observed that the recent division bench order that ruled that proceedings under the Domestic …

Domestic Violence Act proceedings are basically civil in nature, rules Madras HC
2 years, 7 months ago

Domestic Violence Act proceedings are basically civil in nature, rules Madras HC

The Hindu  

The basic relief proceedings under the Protection of Women from Domestic Violence Act, 2005 are purely civil in nature though the Parliament had consciously empowered judicial magistrates to adjudicate the rights of victim women by predominantly adopting procedures prescribed under the Code of Criminal Procedure, the Madras High Court has held. It is only when there is a breach of …

'Domestic Incident Report' (DIR) Not Mandatory For Adjudicating Matters U/S 12 Of Domestic Violence Act 2005: Allahabad HC
2 years, 8 months ago

'Domestic Incident Report' (DIR) Not Mandatory For Adjudicating Matters U/S 12 Of Domestic Violence Act 2005: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that a Magistrate can take cognizance of the complaint or application filed by the aggrieved person and issue notice to the respondent under Section 12 of the D.V. The bench of Justice Rajeev Singh referred to the recent ruling of the Supreme Court in the case of Prabha Tyagi vs Kamlesh Devi 2022 …

Magistrate Can Decide Validity Of Talaq In Wife's Petition Under DV Act If Husband Disputes Their Marital Status: Kerala High Court
2 years, 10 months ago

Magistrate Can Decide Validity Of Talaq In Wife's Petition Under DV Act If Husband Disputes Their Marital Status: Kerala High Court

Live Law  

The Kerala High Court has ruled that a Magistrate is empowered to decide the pela of talaq raised by the husband in his wife's petition filed under the Domestic Violence Act if he disputes their marital status on that ground. Justice Kauser Edappagath thereby allowed a criminal revision petition holding that the finding of the appellate court that the Magistrate …

Domestic Inquiry Report Not Compulsory For Initiating Proceeding U/S 12 Domestic Violence Act: Gauhati High Court
2 years, 10 months ago

Domestic Inquiry Report Not Compulsory For Initiating Proceeding U/S 12 Domestic Violence Act: Gauhati High Court

Live Law  

Gauhati High Court has recently observed that Domestic Inquiry Report is not compulsory for initiating proceeding under Section 12 of Protection of Women from Domestic Violence Act 2005. Justice Rumi Kumari Phukan observed that whether such domestic violence was inflicted upon the respondent no.2/wife, is not a subject matter of trial and such matter cannot be decided in such petition: …

Limitation Period U/S 468 CrPC Not Applicable To Application U/S 12 Domestic Violence Act : Supreme Court
2 years, 11 months ago

Limitation Period U/S 468 CrPC Not Applicable To Application U/S 12 Domestic Violence Act : Supreme Court

Live Law  

The Supreme Court has held that the limitation period prescribed under Section 468 of the Code of Criminal Procedure is not applicable for the filing of an application by an aggrieved woman under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The Supreme Court held as erroneous a judgment of the Madras High Court which held …

Domestic Violence Act Complaints Can't Be Filed At Places Of Casual Visits, Should Be Instituted In Place Of Temporary Or Permanent Residence: Bombay High Court
3 years, 3 months ago

Domestic Violence Act Complaints Can't Be Filed At Places Of Casual Visits, Should Be Instituted In Place Of Temporary Or Permanent Residence: Bombay High Court

Live Law  

A domestic violence complaint cannot be filed at a place a woman is only casually visiting and proceedings must be instituted at her temporary or permanent residence under section 27 of the Domestic Violence Act, the Bombay High Court said. Justice SK Shinde thus upheld a magistrate's order declining to entertain a woman's application under section 12 of the Domestic …

Article 227 Petition Maintainable Against Domestic Violence Act Proceedings : Madras High Court
3 years, 9 months ago

Article 227 Petition Maintainable Against Domestic Violence Act Proceedings : Madras High Court

Live Law  

The Madras High Court has held that a petition under Article 227 of the Constitution is maintainable to seek the quashing of proceedings under the Domestic Violence Act.A single bench of Justice GR Swaminathan held that regardless of whether DV Act proceeding is civil or criminal in nature, powers under Article 227 of the Constitution are available against it.The bench …

Civil Appeal May Be Filed Against Family Court's Order Under Domestic Violence Act: Bombay High Court
4 years ago

Civil Appeal May Be Filed Against Family Court's Order Under Domestic Violence Act: Bombay High Court

Live Law  

The Bombay High Court has held that the reliefs canvased under Sections 19 to 22 of the Domestic Violence Act are predominantly of the civil nature and there is no infirmity in filing a civil appeal against an order passed under the said provisions. Issue The issue before the Court was whether Appeal under Section 19 of the Family Courts …

Petition U/s 482 CrPC Seeking Quashing Of A Domestic Violence Application Not Maintainable: Madras High Court
4 years, 2 months ago

Petition U/s 482 CrPC Seeking Quashing Of A Domestic Violence Application Not Maintainable: Madras High Court

Live Law  

The Madras High Court has held that that a petition under Section 482 of the Code of Criminal Procedure to quash a complaint under Section 12 of the Domestic Violence Act is not maintainable.The court observed that a petition under Article 227 of the Constitution may be maintainable if it is shown that the proceedings before the Magistrate suffer from …

Upholding Love : In Last One Month, Allahabad High Court Grants Protection To Over 125 Inter-Faith/Caste Couples
4 years, 3 months ago

Upholding Love : In Last One Month, Allahabad High Court Grants Protection To Over 125 Inter-Faith/Caste Couples

Live Law  

A survey of the orders passed by the Allahabad High Court in the month of November shows that it has granted relief to over hundred couples of inter-faith or inter-caste marriages.In orders passed in 117 cases last month, the High Court asked the Senior Superintendent of Police of the concerned district to act upon the complaints of the couples, who …

SC Terms 2005 Law on Domestic Violence as 'Milestone'
4 years, 5 months ago

SC Terms 2005 Law on Domestic Violence as 'Milestone'

News 18  

Terming the 2005 law on protection of women from domestic violence as a milestone, the Supreme Court Thursday said such offences against them is rampant in this country and face violence in some form or the other on almost every day. The enactment of Act, 2005 is a milestone for protection of women in this country, the apex court said …

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC
4 years, 5 months ago

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC

News 18  

In a significant verdict, the Supreme Court on Thursday held that the relief granting right to residence to a married woman under the domestic violence law by a criminal court is relevant and can be considered even in civil proceedings seeking her eviction from the matrimonial home. The top court, however, said, the interim order protecting the right to residence …

Petition U/s 482 CrPC To Quash Proceedings U/s 12 Domestic Violence Act Not Maintainable: Kerala HC [Read Order]
4 years, 6 months ago

Petition U/s 482 CrPC To Quash Proceedings U/s 12 Domestic Violence Act Not Maintainable: Kerala HC [Read Order]

Live Law  

The Kerala High Court has observed that, a magistrate shall consider maintainability of the application filed under Section 12 of the Protection of Women from Domestic Violence Act, if such a contention is raised by the opposite party.A party against whom a proceedings is initiated under Section 12 of the Act cannot approach the High court for quashing the proceedings …

"High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act": Delhi HC [Read Judgment]
4 years, 7 months ago

"High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act": Delhi HC [Read Judgment]

Live Law  

A single judge Bench of the Delhi High Court, last week, held that High Court cannot entertain the petition in its extraordinary power under Section 482 Cr.PC, given the fact that there is a clear remedy of Appeal under Section 29 of the Protection of Women against Domestic Violence Act. "Preliminary objection of the Respondent has given rise to a …

Allahabad HC Seeks Status Report On Steps Taken By UP Govt To Prevent Rising Number Of Domestic Violence Cases During Lockdown [Read Order]
4 years, 9 months ago

Allahabad HC Seeks Status Report On Steps Taken By UP Govt To Prevent Rising Number Of Domestic Violence Cases During Lockdown [Read Order]

Live Law  

The Allahabad High Court on Wednesday directed the UP Government to file a status report regarding the steps taken by it with regard to attending the grievances of all victims of domestic violence during Covid-19 pandemic. The court has directed the Additional Advocate General Manish Goyal, appearing for the state, to, "obtain status report to the steps taken by the …

Madras HC To Hear Plea For Formulation Of An "Emergency Response System" To Assist Victims Of Domestic Violence [Read Order]
4 years, 10 months ago

Madras HC To Hear Plea For Formulation Of An "Emergency Response System" To Assist Victims Of Domestic Violence [Read Order]

Live Law  

The Madras High Court has fixed the petition seeking proper implementation of the Domestic Violence Act for consideration on May 20. A bench of Justice M. Sathyanarayanan and Justice M. Nirmal Kumar was hearing an application filed by Advocate Sudha Ramalingam, seeking formulation of an "Emergency Response System" to aid and assist victims of domestic violence. She suggested that the …

Fighting Violence In Domestic Household Amid Covid-19 Lockdown
4 years, 11 months ago

Fighting Violence In Domestic Household Amid Covid-19 Lockdown

Live Law  

When, at one stance, the India is fighting against deadly pandemic Covid-19 and has entered into Day 21 of it's lockdown, with a possibility of it's further extension, some families at home also, are not at much peace, because of more proximity and less understanding among each other. For the protection of Women from domestic violence, the Domestic Violence Act, …

Domestic Violence: Court Has To Be Prima Facie Satisfied That There Have Been Instances Of Violence Before Issuing Notice In Complaint: SC [Read Judgment]
5 years, 2 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 …

Indian Court Has Jurisdiction Over Domestic Violence Committed Against Indian Abroad: Bombay HC [Read Judgment]
5 years, 5 months ago

Indian Court Has Jurisdiction Over Domestic Violence Committed Against Indian Abroad: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that Indian court will have jurisdiction over a complaint under Section 498-A IPC for domestic violence committed abroad. Neelima filed a case under Section 12 of Protection of Women from Domestic Violence Act, 2005 before the Metropolitan Magistrate Court, Mulund. In the light of judgment of Hon'ble Supreme Court in the aforesaid case, and …

Relief Under Domestic Violence Act Can Be Sought Even After Obtaining A Maintenance Order U/s 125 CrPC: SC [Read Order]
5 years, 7 months ago

Relief Under Domestic Violence Act Can Be Sought Even After Obtaining A Maintenance Order U/s 125 CrPC: SC [Read Order]

Live Law  

The Supreme Court has observed that mere passing of a 'maintenance' order under Section 125 of the Code of Criminal Procedure does not bar an 'aggrieved person' from seeking appropriate reliefs under the Protection of Women from Domestic Violence Act, 2005.The bench comprising Justice Dhananjaya Y. Chandrachud and Justice Indira Banerjee dismissed a special leave petition against a Delhi. The …

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