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Shades of Knife

True Colors of a Vile Wife

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

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 20 - Maintenance Granted PWDV Act Sec 19 - Residential Order (Rent) 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 18 - Protection Order Denied PWDV Act 20 - Maintenance Granted PWDV Act 21 - Custody Denied PWDV Act 22 - Compensation Granted PWDV Act Sec 19 - Residential Order (Rent) 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 18 - Protection Order Granted PWDV Act 20 - Maintenance Granted PWDV Act Sec 19 - Residential Order (Rent) 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 18 - Protection Order Denied PWDV Act 20 - Maintenance Granted PWDV Act Sec 19 - Residential Order (Rent) 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 18 - Protection Order Granted PWDV Act 20 - Maintenance Granted PWDV Act 22 - Compensation Denied PWDV Act Sec 19 - Residential Order (Rent) Granted 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 PWDV Act 18 - Protection Order Granted PWDV Act 20 - Maintenance Granted PWDV Act 22 - Compensation Granted PWDV Act Sec 19 - Residential Order (Rent) 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 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 18 - Protection Order Granted PWDV Act 20 - Maintenance Granted PWDV Act 22 - Compensation Granted PWDV Act Sec 19 - Residential Order (Rent) Granted Shaik Shakheela Vs Shaik Mahamad Rafi | Leave a comment

Challa Mahalakshmi Vs Challa Babu Rao on 16 April, 2018

Posted on June 29, 2018 by ShadesOfKnife

In this case, there was mischief played by husband together with his mother to usurp the portion of home which is in the name in wife.

 

From Para 9,

Therefore, in view of foregoing discussion this Court holds that the petitioner is entitled to reside her own house as she is the absolute rightful owner of the house sanctioned to her by the government under DK Patta for an extent of Ac.0-03 cents in the Sy.No.214 of Maddipadu village.

From Para 10,

In exercise of the powers conferred under section 37 of the Protection of Women from Domestic Violence Act, 2005, the Central Government makes rules under Rules 6 :- Application to the Magistrate:- (1) Every application of the aggrieved person under section 12 shall be in Form-II or as nearly as possible thereto. Hence, from the perusal of the aforesaid provision of law, it is clear that it is not imperative for the court to file Form-II.

Further see section 12 of the Protection of Women from Domestic Violence Act, 2005:- An applicant/complainant can be filed before the Court either by an aggrieved person or by a Protection Officer or any other person on behalf of the aggrieved person. In this way section 12(1) does not contemplated that such application should invariably be accompanied by a report from a protection officer. On perusal of proviso appended to the provision, it appears that before passing any order on the application, it is obligatory on the Court to take into consideration any report received by it from the protection officer or the service provider. Neither it is obligatory to the Court to call such report nor it is necessary that before issuance of the notice to the respondents it was obligatory for the court to consider the report. However, if any report from the protection officer is available before the Court that shall taken into consideration, but the law does not impose pre-condition for the Court to call for a report from the protection officer.

 

Domestic Violence, is, perse, not a criminal offence, but is defined extensively and comprehensively to include various conditions.

Challa Mahalakshmi Vs Challa Babu Rao on 16 April, 2018

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Prakasam DV Cases | Tagged Challa Mahalakshmi Vs Challa Babu Rao PWDV Act 18 - Protection Order Granted PWDV Act Sec 12 - DV Case Proved And Reliefs Granted PWDV Act Sec 19 - Residential Order (Rent) Granted | Leave a comment

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