AI Overview...
Things to be Seen for Granting Relief under Section 23 of the Domestic Violence Act
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Criteria for Granting Relief
Relief under Section 23 primarily involves monetary support, including interim maintenance, which depends on the financial status of the parties and the nature of domestic violence. The courts emphasize the importance of evidence demonstrating the need for such relief (Sources: 02100101474, 01300036549).
Analysis: Proper assessment of financial conditions and evidence is crucial for granting relief under Section 23. -
Interim Maintenance and Ex-Parte Orders
Courts are empowered to pass interim ex-parte orders for maintenance under Section 23, provided prima facie evidence of domestic violence is established. The procedure involves a careful evaluation of the application and evidence presented (Sources: 02100101474, 02100118444).
Analysis: Ex-parte interim relief is permissible to prevent further harm, but must be based on prima facie evidence. -
Scope of Relief
Relief under Section 23 includes monetary support, maintenance, and other provisions to protect the aggrieved woman from ongoing violence or threats. The relief aims to restore the financial stability of the victim and prevent further abuse (Sources: 01300036548, 01300036549).
Analysis: Relief is comprehensive, covering monetary and protective aspects, tailored to the victim’s needs. -
Evidence and Procedure
Proper evidence, including financial records and proof of domestic violence, is essential for the court to grant relief. The procedure involves filing an application under Section 12, which can lead to interim relief under Section 23 (Sources: 02100101474, 04200004500).
Analysis: Strict adherence to procedural requirements and evidence standards is necessary for relief. -
Inherent Powers and Limitations
While courts have inherent powers under Section 482 Cr.P.C. to quash proceedings, specific relief orders under Section 23 are distinct and require proper application and evidence. Courts must exercise discretion judiciously (Sources: 00500030251, 04200005132).
Analysis: Relief under Section 23 is subject to judicial discretion, with procedural safeguards. -
Purpose and Broader Scope
The relief aims not only at monetary support but also at empowering women to regain control and ensure safety, recognizing that domestic violence includes psychological and emotional abuse, not just physical violence (Sources: 01900018297, 02100101474).
Analysis: The scope of relief under Section 23 is broad, addressing various forms of domestic violence.
Conclusion
Relief under Section 23 of the Domestic Violence Act involves granting monetary and other protective measures based on evidence of domestic violence and financial need. Courts can issue interim ex-parte orders to provide immediate relief, but must strictly follow procedural safeguards and assess the merits based on evidence. The overall aim is to protect and empower the victim through comprehensive support, including monetary maintenance, thereby addressing the multifaceted nature of domestic violence.
References:
- 02100101474, 04200004500, 00500030251, 04200005132, 01300036548, 01300036549, 02100118444, INDKER00000149580, 01900018297, 02900001203
Search Results for "Things to be Seen for Granting Relief under Section 23 of Domestic Domestic Violence Act"
2012 0 Supreme(Mad) 4225 • India - Madras
C.S.KARNAN
Domestic Violence - Protection of Women - Section 12, 18(a), (b), (d), 19(1)(f), 19(8), 20(1), 22 - The court discussed the provisions ... It emphasized the importance of evidence and proper procedure in granting interim relief. ... , and the proper procedure for granting ex-parte interim orders. ... The learned judge also observed that as per Section 12(1) of the Act, whenever, the application is filed under Section 12(1) r/w #HL_S....
• India - Current Civil Cases
ABHAI KUMAR
—Although under the Act court is entitled to pass order of maintenance and other things in addition to any other order that is passed ... husband only—It cannot be said that he is not in domestic relationship with opposite party no.2 and it is also not being denied ... Protection of Women from Domestic Violence Act, 2005—Sections 12 and 23—Grant of interim maintenance—Petition is being filed against ... Ashish Gupta) challenging the application moved under section 12 ....
• India - Crimes
W.DIENGDOH
– Section 482 – Domestic violence case – Cognizance of offence – Quashing petition – Section 482 Cr.P.C provides for inherent power ... passed under Sections 12, 18, 19, 20, 21, 22 and 23 of DV Act – Instant petition under Section 482 Cr.P.C is maintainable – Impugned ... Protection of Women from Domestic Violence, Act, 2005 – Sections 12 and 28 – Criminal Procedure Code, 1973 ... Shadap) who vide order dated 06.01....
• India - Current Civil Cases
W.DIENGDOH
– Section 482 – Domestic violence case – Cognizance of offence – Quashing petition – Section 482 Cr.P.C provides for inherent power ... passed under Sections 12, 18, 19, 20, 21, 22 and 23 of DV Act – Instant petition under Section 482 Cr.P.C is maintainable – Impugned ... Protection of Women from Domestic Violence, Act, 2005 – Sections 12 and 28 – Criminal Procedure Code, 1973 ... Shadap) who vide order dated 06.01....
2022 0 Supreme(Guj) 1214 • India - Gujarat
SAMIR J. DAVE
The court also referred to the Domestic Violence Act and its provisions for monetary relief and maintenance. ... Violence Act for monetary relief and maintenance. ... analysis of the financial status of the parties, the obligations of the husband to provide maintenance, and the provisions of the Domestic ... of the domestic violence and such relief may include but is not limited to: (a) the loss o....
2022 0 Supreme(Guj) 1240 • India - Gujarat
SAMIR J. DAVE
Maintenance - Domestic Violence - Protection of Women from Domestic Violence Act, 2005 - Section 23(2), Evidence Act, 1973 - [ ... Act, 2005, particularly section 23(2) and the requirements for granting maintenance. ... between monetary relief and maintenance. ... of the domestic violence and such relief may include but is not limited to: (a) the loss of earning....
2015 0 Supreme(Mad) 3433 • India - Madras
S.VIMALA
an application for interim maintenance, the Court should pass ad-interim ex-parte order of interim maintenance under proviso to Section ... Code of Criminal Procedure, 1973 – Sections 125, 126 – Order of interim maintenance – If instant justice ... ... (2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of #HL_STAR....
2024 Supreme(Online)(Ker) 88161 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
court under Section 29 does not have an express power to order interim relief as conferred upon the Magistrate under Section 23 ... (A) Protection of Women from Domestic Violence Act, 2005 - Section 29 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - ... relief while an appeal is pending. ... Section 29 of the DV Act not specifically mentioned in Section 28, appeal provided under #HL_ST....
2019 0 Supreme(J&K) 122 • India - Jammu and Kashmir
the purpose of which is to gain power and control over a spouse – While granting monetary relief whether interim (Section 23 of ... under Constitution, who are victim of violence – Domestic violence is not physical violence alone – Domestic violence is any behaviour ... J&K Protection of Women from Domestic Violence Act 2010 – Sections 20 and 23 – Jammu and Kash....
2021 0 Supreme(Megh) 46 • India - Meghalaya
WANLURA DIENGDOH
DV Act, 2005 - Domestic Violence - Section 12, 18, 19, 20, 21, 22, 23, 28, 31 - The court discussed the maintainability of the ... petition under Section 482 Cr.P.C. and the nature of proceedings under the DV Act, 2005. ... The court also highlighted the wide scope of inherent powers under Section 482 Cr.P.C. and the need to exercise it sparingly and ... Shadap) who vide order dated 06.01.2021 in C.R Case No. 204 (S) of 2020 has passed an order #HL_S....
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