Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
User Name :
Password :
New Subscriber
Forgot Password
 

Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Protection of Women from Domestic Violence Act, 2005

Wednesday, February 22, 2012
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 12 r/w Sections 18, 19 and 20 — In looking into a complaint under Section 12 of the PWD Act, 2005, the conduct of the parties even prior to the coming into force of the PWD Act, could be taken into consideration while passing an order under Sections 18, 19 and 20 thereof.

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 12 r/w Sections 18, 19 and 20 — 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 more living with him, at the time when the Act came into force.

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Sections 18 and 19 — Protection-cum-residence order — Keeping in view the fact that the couple is childless and the Respondent wife who is at a advanced age of 63 years has herself expressed apprehension of her safety if she were to live alone in a rented accomodation, the petitioner, held, is directed that the respondent be provided with a right of residence where the petitioner is residing, by way of relief under Section 19 of the PWD Act — Protection orders under Section 18 are also passed in favour of the Respondent.

 
Thursday, October 28, 2010
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 2(f) — Term ‘domestic relationship’ — Interpretation of — The Act, held, gives a very wide interpretation to the term ‘domestic relationship’ as to take it outside the confines of a marital relationship, and even includes live-in relationships in the nature of marriage within the definition of ‘domestic relationship’ under Section 2(f) of the Act.

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 26 readwith Sections 20 and 22 — Held, in terms of Section 26 of the Act, reliefs mentioned in Sections 20 and 22 can be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent.

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 22 — Held, Section 22 of the Act confers upon the Magistrate, the power to award compensation to the aggrieved person, in addition to other reliefs granted under the Act.

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 20 — Criminal Procedure Code, 1973, Section 125 — Held, Section 20 of the Act allows the Magistrate to direct the respondent to pay monetary relief to the aggrieved person, who is the harassed woman, for expenses incurred and losses suffered by her, which may include, but is not limited to, maintenance under Section 125 Cr.P.C.[Section 20(1)(d)].

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 2(g) readwith sub-explanation (iv) to explanation I of Section 3 — Term ‘domestic abuse’, whether includes within its purview economic abuse? — Held, yes. 

 
Monday, October 25, 2010
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 12 and Section 12(2) — An aggrieved person under the Act can approach the Magistrate under Section 12 for the relief mentioned in Section 12(2).

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 20(1)(d) readwith Section 12(1) — Under Section 20(1)(d) the Magistrate can grant maintenance while disposing of the application under Section 12(1).

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 26(1) and Section 20 — Section 26(1) provides that the relief mentioned in Section 20 may also be sought in any legal proceeding, before a civil court, family court or a criminal court.  

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 2(f) — Expression ‘domestic relationship’ — The expression `domestic relationship’ includes not only the relationship of marriage but also a relationship `in the nature of marriage’.

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 2(f) — Expression ‘domestic relationship’ — Merely spending weekends together or a one night stand would not make it a ‘domestic relationship’.

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 2(f) — Expression ‘a relationship in the nature of marriage — Held, If a man has a ‘keep’ whom he maintains financially and uses mainly for sexual purposes and/or as a servant it would not, held, be a relationship in the nature of marriage.

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 2(f) readwith Section 2(s) — Expression ‘a relationship in the nature of marriage — Interpretation of — Held, a ‘relationship in the nature of marriage’ is akin to a common law marriage — Further held, a ‘relationship in the nature of marriage’ under the 2005 Act must fulfill the requirements necessary for Common Law Marriages, and in addition the parties must have lived together in a ‘shared household’ as defined in Section 2(s) of the Act — Merely spending weekends together or a one night stand would not make it a ‘domestic relationship’.

 
Monday, February 12, 2007
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 2(s) — Expression ‘share household’ — Contention that the definition of shared household includes a household where the person aggrieved lives or at any stage had lived in a domestic relationship — Held, not tenable — If the aforesaid contention is accepted, then it will mean that wherever the husband and wife lived together in the past that property becomes a shared household — It is quite possible that the husband and wife may have lived together in dozens of places e.g. with the husband’s father, husband’s paternal grand parents, his maternal parents, uncles, aunts, brothers, sisters, nephews, nieces etc. — If the interpretation canvassed by the learned counsel for the respondent is accepted, all these houses of the husband’s relatives will be shared households and the wife can well insist in living in the all these houses of her husband’s relatives merely because she had stayed with her husband for some time in those houses in the past — Such a view would lead to chaos and would be absurd.

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 19(1)(f) — Claim for alternative accommodation — Held, the claim for alternative accommodation can only be made against the husband and not against the husband’s in-laws or other relatives. 

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 17(1) — Wife, held, is only entitled to claim a right to residence in a shared household, and a shared household’ would only mean the house belonging to or taken or rent by the husband, or the house which belongs to the joint family of which the husband is a member — The property in question in the present case neither belongs to Amit Batra (husband) nor was it taken on rent by him nor is it a joint family property of which the husband Amit Batra is a member — It is the exclusive property of appellant No.2, mother of Amit Batra — Hence, it cannot be called, a ‘shared household’.

 
Protection of Women from Domestic Violence Act, 2005

Protection of Women from Domestic Violence Act, 2005 — Section 2(s) — ‘Share household’ — Held, the definition of ‘shared household’ in Section 2(s) of the Act is not very happily worded, and appears to be the result of clumsy drafting — Expression ‘share household’ has to be given an interpretation which is sensible and which does not lead to chaos in society.

 
Act Topic
Rule Citation
Keyword
 
Free Text Search
 
Follow us on :
(Best view with 1024x768 Resolution)
© All rights including Copyrights and rights of translations etc, reserved and vested exclusively with Deepak Publications. No part of this publication may be reproduced or transmitted in any form or by any means, electronics, mechanical, photocopying, recording or otherwise, or stored in any retrival system of any nature without the written permission of the copyright owner.

By using this site, you (and any entity on whose behalf your are acting) are consenting to be bound by Terms & Conditions, Privacy Policy & Disclaimer Clause.