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True Colors of a Vile Wife

Tag: PWDV Act Sec 19 – Residential Order (Rent) Granted

Sunil Kumar and Ors Vs Elizabeth on 07 Feb 2023

Posted on September 14, 2023 by ShadesOfKnife

The Kalaburigi bench of Karnataka High Court held that instead of accommodation in the shared household, money towards rent can be given to the aggrieved person.

From Paras 3-6,

3. As per Section 19(1)(f) of the Protection of Women from Domestic Violence Act, 2005 [in short ‘DV Act’], wherever the Court feels to convenient to order for monetary expenses in lieu of the shared house and also taking note of the relationship existing among the parties, a suitable order can be passed in terms of money.
4. In the impugned order, the learned Trial Magistrate after exercising discretionary power granted a sum of Rs.6,000/- as monthly maintenance and a room to be given by the Revision Petitioner in the shared house.
5. Admittedly, the Revision Petitioner No.1 is the husband of the Respondent. However, the Revision Petitioner is living with first wife. Taking note of these aspects of the matter directing the respondent to stay in the same house in a separate room would not be feasible practically and it may give rise to further displeasure among the parties resulting in civil/criminal litigation.
6. Accordingly, this Court exercising its power as is contemplated under Section 19(1)(f) of the DV Act, a sum of Rs.5,000/- be paid instead of the room be provided as the shared house. If a sum of Rs.5,000/- is being ordered, the respondent can find out a suitable alternate premises more than the room that would be provided in the shared house hold as ordered by the Trial Court, it would meet the ends of justice.

Sunil Kumar and Ors Vs Elizabeth on 07 Feb 2023

Index of DV cases here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision PWDV Act Sec 19 - Residential Order (Rent) Granted Sunil Kumar and Ors Vs Elizabeth | Leave a comment

V.D. Bhanot Vs Savita Bhanot on 07 February 2012

Posted on May 15, 2020 by ShadesOfKnife

Supreme Court In this case, upheld the view taken by the Delhi High Court that the conduct of the parties even prior to the coming into force of the Domestic Violence Act, could be taken into consideration while passing an order under Sections 18, 19 and 20 thereof. Even if a wife, who had shared a household in the past, but was no longer doing so when the Act came into force, would still be entitled to the protection of the Act.

V.D. Bhanot Vs Savita Bhanot on 07 February 2012

Two more Orders after the above one were passed.

V.D. Bhanot Vs Savita Bhanot on 04 April 2012

Order u/s 19

V.D. Bhanot Vs Savita Bhanot on 07 February 2013

Citations: []

Other Source links:


The index page is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Landmark Case PWDV Act Sec 19 - Residential Order (Rent) Granted Reportable Judgement or Order V.D. Bhanot Vs Savita Bhanot Work-In-Progress Article | Leave a comment

R.Jyothi Vs K.Chandra Babu on 03 November, 2017

Posted on November 28, 2018 by ShadesOfKnife

Read a nice story in this case.

No reliefs from other respondents as none were requested in the petition.

There is no relief order against respondents 2 to 5 as the petitioner did not asked any relief from respondents 2 to 5.

R.Jyothi Vs K.Chandra Babu on 03 November, 2017

[related_posts_by_tax title=”5 Recently Updated Posts, Similar or Related To Above Post” orderby=”post_modified” posts_per_page=”5″ show_date=”true”]

Posted in Chittor DV Cases | Tagged Ex Parte Order PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted R.Jyothi Vs K.Chandra Babu | Leave a comment

Shaik Sahanaj Begum Vs Shaik Mohammed Rafi on 29 October, 2015

Posted on November 6, 2018 by ShadesOfKnife

Except for a paltry maintenance and residence order, rest of the beggings are dismissed by the Hon’ble Court in this DV Case.

Shaik Sahanaj Begum Vs Shaik Mohammed Rafi on 29 October, 2015

 

Posted in Anantapur DV Cases | Tagged PWDV Act Sec 18 - Protection Order Denied PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 21 - Custody Denied PWDV Act Sec 22 - Compensation Granted Shaik Sahanaj Begum Vs Shaik Mohammed Rafi | Leave a comment

Polugoni Jyothi Vs Polugoni Sydulu on 5 August, 2013

Posted on July 10, 2018 by ShadesOfKnife

Result of not following the legal procedure dutifully can be seen in this DVC.

Polugoni Jyothi Vs Polugoni Sydulu on 5 August, 2013
Posted in Prakasam DV Cases | Tagged Polugoni Jyothi Vs Polugoni Sydulu PWDV Act Sec 18 - Protection Order Granted PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted | Leave a comment

Gayakavada Deepthi Vs Gayakavada Rajesekhar on 29 June, 2016

Posted on July 9, 2018 by ShadesOfKnife

9 respondents in this DVC.

 

Gayakavada Deepthi Vs Gayakavada Rajesekhar on 29 June, 2016
Posted in Prakasam DV Cases | Tagged Gayakavada Deepthi Vs Gayakavada Rajesekhar PWDV Act Sec 18 - Protection Order Denied PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted | Leave a comment

Velpula Kalyani Vs Velpula Venkata Rao on 4 December, 2017

Posted on July 9, 2018 by ShadesOfKnife

It seems, the burden of proof is pushed onto the husband who has to prove that he didn’t commit DV. This is the essence of this judgment.

Note: The husband was acquitted in the IPC 498A case filed by Knife. Here is the judgment.

 

Velpula Kalyani Vs Velpula Venkata Rao on 4 December, 2017

 

Posted in Prakasam DV Cases | Tagged Acquitted in IPC 498A Baseless or Convoluted Judgment PWDV Act Sec 18 - Protection Order Granted PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 22 - Compensation Denied Velpula Kalyani Vs Velpula Venkata Rao | Leave a comment

Ganipineni Sudharani Vs Ganipineni KrishnaMohan on 2 May, 2017

Posted on July 8, 2018 by ShadesOfKnife

Here is another BS judgment from same justice. Blatant misinterpretation of an earlier Supreme Court order to cause advantage to the party of Knife. Either by ignorance or for kickbacks received. God Knows

Shame on him.

 

Ganipineni Sudharani Vs Ganipineni KrishnaMohan on 2 May, 2017
Posted in Prakasam DV Cases | Tagged Ganipineni Sudharani Vs Ganipineni KrishnaMohan Magistrate Sravan Kumar Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam PWDV Act Sec 18 - Protection Order Granted PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 22 - Compensation Granted | 2 Comments

Chavala Kalpana Vs Chavala Audilakshmi on 5 May, 2015

Posted on July 1, 2018 by ShadesOfKnife

In this case, Knife obtained reliefs of Protection order, Residence order and return of cash and gold ornaments from the mother-in-law.

From Para 13,

However, in the instant case it has been brought on the record of the case during the course of cross-examination of the respondent that the said two portioned house was constructed with the earnings of the husband of the respondent. PW2 is the only son of her parents. When the said two portioned house has been constructed out of the earnings of the husband of the respondent and father of PW2 then certainly the said house cannot be said to a self acquired property of the respondent, and that the said house acquires the status of the joint family property in which PW2 is a member. The said admission by the respondent regarding the nature of the said house is the best evidence to conclude that the said house is a joint family property and it a shared house holds. The readiness expressed by RW1 during the course of her cross-examination to give one of the portions of the house to PW1 and PW2 for their residence implies that the respondent is also acknowledgment the right of residence of PW1 in the said house.

 

Chavala Kalpana Vs Chavala Audilakshmi on 5 May, 2015
Posted in Prakasam DV Cases | Tagged Chavala Kalpana Vs Chavala Audilakshmi PWDV Act Sec 18 - Protection Order Granted PWDV Act Sec 19 - Residential Order (Rent) Granted | Leave a comment

Shaik Shakheela Vs Shaik Mahamad Rafi on 22 September, 2017

Posted on July 1, 2018 by ShadesOfKnife

This is another ex parte order in the DV Case. Since there is no challenge to the averments of the Knife in the petition, Judge liberally allows reliefs.

 

Shaik Shakheela Vs Shaik Mahamad Rafi on 22 September, 2017
Posted in Prakasam DV Cases | Tagged Ex Parte Order PWDV Act Sec 18 - Protection Order Granted PWDV Act Sec 19 - Residential Order (Rent) Granted PWDV Act Sec 20 - Maintenance Granted PWDV Act Sec 22 - Compensation Granted Shaik Shakheela Vs Shaik Mahamad Rafi | Leave a comment

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