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Domestic Violence Act, 2005 and Maintenance Under Section 1

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Domestic Violence Act, 2005 and Maintenance Under Section 1 MADHYA PRADESH STATE JUDICIAL ACADEMY HIGH COURT OF M.P., JABALPUR READING MATERIAL ON PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 2016 COMPILED AND EDITED BY OFFICERS OF THE ACADEMY CONTENTS 1. Nominal Index of cases included in Part IV & V of Chapter I & Topical/Nominal Index of Part III of Chapter II CHAPTER I PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PART I – ARTICLES Sl. No Topic Page No. 1. Women's Empowerment – Role of Judiciary 1-8 and Legislature By Hon‘ble Shri Justice R.C. Lahoti, Former Chief Justice of India 2- ?kjsyw fgalk ls efgykvksa dk laj{k.k vf/kfu;e] 2005 9-14 tfLVl Mh-,e- /kekZf/kdkjh] v/;{k e-iz- ekuo vf/kdkj vk;ksx] Hkksiky 3- ?kjsyw fgalk ls efgykvksa ds laj{k.k vf/kfu;e] 15-31 2005 ds varxZr eftLVsªV rFkk vU; vf/kdkjhx.k dh Hkwfedk ,oa lhek, 4- ?kjsyw fgalk ls efgykvksa dk laj{k.k vf/kfu;e] 32-37 laca/kh fof/k 5- ?kjsyw fgalk ls efgykvksa dk laj{k.k vf/kfu;e] 38-44 2005 dh /kkjk 26 dk foLrkj 6- ?kjsyw fgalk ls efgykvksa dk laj{k.k vf/kfu;e] 2005 45-47 esa vihy ;ksX; gSa\ PART II 1. Declaration on the Elimination of Violence against 1-7 Women 2. Convention on the Elimination of all forms of 8-28 Discrimination against Women PART III RELEVANT CONSTITUTIONAL & LEGAL PROVISIONS 1-49 PART IV NOTES ON JUDICIAL PRONOUNCEMENTS OF SUPREME COURT & M.P. HIGH COURT 1-74 PART V NOTES ON JUDICIAL PRONOUNCEMENTS OF OTHER HIGH COURTS 1-26 CHAPTER II PROVISIONS RELATING TO MAINTENANCE U/S 125 OF Cr.P.C. & THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 PART I – ARTICLES Sl. No Topic Page No. 1 Applicability of C.P.C. in proceedings u/s 125 1-11 Cr.P.C. : A critique 2. Compromise in proceedings under section 12-16 125 of the Code of Criminal Procedure 3- n.M izfØ;k lafgrk dh /kkjk 125¼1½ ds varxZr 17-21 k esa /kkjk 125¼3½ n-iz-la- dk foLrkj 4. Imposition of sentence contemplated u/s 125 22-25 (3) Cr.P.C. without issuing warrant for levying the amount due – Whether possible? 5. Talaq- Talaq- Talaq 26-27 6- qfLye fL=;ksa ,oe~ eqfLye larkuksa 28- 32 dk Hkj.k iks"k.k PART II IMPORTANT LEGAL PROVISIONS (1) Criminal Procedure Code 1-8 (2) Criminal Rules and Orders 9-10 (3) The Muslim Women (Protection of Rights on Divorce) 11-15 Act, 1986 (4) Maintenance and Welfare of Parents and Senior 16 Citizens Act, 2007 PART III NOTES ON JUDICIAL PRONOUNCEMENTS OF 1-56 SUPREME COURT & HIGH COURTS **ukjh ek= ,d O;fDr gh ugha] vfirq ,d 'kfDr Hkh gSA mldk ukjhRo ekWa dh eerk ds :i esa Nydrk gS ,slh ukjh dk lEeku vkSj xkSjo lafo/kku ds vuqPNsn 21 ds varxZr lajf{kr gSA & ,-vkbZ-vkj- 1998 vka/kz izns'k 302 MADHYA PRADESH STATE JUDICIAL ACADEMY, HIGH COURT OF M.P., JABALPUR NOMINAL INDEX OF NOTES ON JUDICIAL PRONOUNCEMENTS OF SUPREME COURT & M.P. HIGH COURT INCLUDED IN PART - IV OF CHAPTER-I OF THE READING MATERIAL S. CITATION REPORTED IN REFER NOTE NO. AT PAGE NO. NO. 1 A. Subhash Babu v. State of (2011) 7 SCC 616 25 15 Andhra Pradesh and another 2 Ajay Kant and others v. Smt. Alka 2007 (4) MPHT 62 49 26 Sharma 3 Alok & anr. v. State of M.P. 1 (2006) DMC 123 18 11 (H.C.) 4 Appasaheb & anr. v. State of AIR 2007 SC 763 40 21 Maharashtra 5 Arif Ahmad Quraishi (Dr.) v. Smt. 2010 (II) MPJR 284 66 32 Shajia Quraishi 6 Arun Vyas and another v. Anita AIR 1999 SC 2071 4 3 Vyas 7 Ashok Kumar v. State of Haryana AIR 2010 SC 2839 38 20 8 Ayyub v. State of M.P. I.L.R. (2008) M.P. 343 7 5 9 Bachni Devi & anr. v. State of AIR 2011 SC 1098 46 25 Haryana through Secretary, Home Department 10 Bhairon Singh v. State of Madhya AIR 2009 SC 2603 10 7 Pradesh 11 D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469 57 29 12 Devkaran v. Smt. Sanjana Bai 2012 (4) MPHT 104 81 41 13 Deoki Panjhiyara v. Shashi AIR 2013 SC 346 84 43 Bhushan Narayan Azad and another 14 Gurmeet Singh v. State of M.P. 2006 (1) MPLJ 250 21 12 15 Inderjit Singh Grewal v. State of 2011 AIR SCW 6259 76 39 Punjab 16 Indra Sarma v. V.K.V. Sarma 2013 (III) DMC 830 88 45 (SC) 17 Kirti Prakash Saxena v. State of 2010 (2) MPHT 361 45 24 M.P. and another 18 Kishangiri Mangalgiri Goswami v. (2009) 4 SCC 52 42 22 State of Gujarat 19 Krishna Bhatacharjee v. Sarathi 2015 (4) Crimes) 384 107 49 Choudhary and another (SC) 20 Lal Kishore Jha v. State of (2011) 6 SCC 453 31 16 Jharkhand and another 21 Madhusudan Bhardwaj & ors. v. 2009 (III) MPJR 47 62 31 Mamta Bhardwaj 22 Manju Ram Kalita v. State of (2009) 13 SCC 330 1 1 Assam 23 Meenakshi Jatav (Smt.) and others ILR (2013) MP 729 87 44 v. Dr. Smt, Seema Sehar and another 24 Mohammad Noor and others v. 2006 (1) MPLJ 486 22 13 Nikhat Pharjana 25 O.M. Cherian alias Thankachan v. AIR 215 SC 303 37 19 State of Kerala (3-Judge Bench) 26 Preeti Gupta and another v. State of (2010) 7 SCC 667 13 8 Jharkhand and another 27 Ramaiah alias Rama v. State of (2014) 9 SCC 365 33 18 Karnataka 28 Ramesh and others v. State of T.N. (2005) 3 SCC 507 16 10 29 Ravi Kumar Bajpai and another v. ILR (2016) MP 302 104 47 Smt. Renu Awasthy Bajpai 30 Razzak Khan v. Shahnaz Khan I.L.R (2008) M.P. 963 67 33 31 S. R. Batra and another v. Taruna (2007) 3 SCC 169 59 & 68 30 & 35 Batra (Smt.) 32 Sandhya Manoj Wankhade v. (2011) 3 SCC 650 54 28 Manoj Bhimrao Wankhade & Ors. 33 Saraswathy v. Babu (2014) 3 SCC 712 101 46 34 Shalini v. Kishor and others 2015 CrilJ 3610 (SC) 106 48 35 Shri Rama Singh v. Smt. Maya 2012 (4) MPHT 169 83 42 Singh and others 36 Smt. Jyoti Parihar v. Munindra 2011 (3) MPHT 71 37 Singh Parihar and another 37 Smt. Santosh Kunwar v. Yogendra 2011 (5) MPHT 205 79 40 and another 38 State of Uttar Pradesh v. Santosh (2009) 9 SCC 626 44 23 Kumar and others 39 Sunil @ Sonu v. Sarita Chawla 2009 (5) MPHT 319 67 34 (Smt.) 40 Sunita Jha v. State of Jharkhand and (2010) 10 SCC 190 32 17 another 41 Sushil Kumar Sharma v. Union of (2005) 6 SCC 281 6 4 India and others 42 Taskeen Ahmed v. State of M.P. I.L.R. (2008) M.P. 29 24 14 43 Tehmina Qureshi v. Shazia Qureshi 2010 (1) MPHT 133 51 27 44 U. Suvetha v. State by Inspector of (2009) 6 SCC 757 8 6 Police and another 45 Undavalli Narayana Rao v. State of (2009) 14 SCC 588 3 2 Andhra Pradesh 46 V.D. Bhanot v. Savita Bhanot 2012 AIR SCW 1515 73 38 47 Vijeta Gajra v. State of NCT of AIR 2010 SC 2712 15 9 Delhi 48 Vimlaben Ajitbhai Patel v. (2008) 4 SCC 649 68 36 Vatslaben Ashokbhai Patel and others MADHYA PRADESH STATE JUDICIAL ACADEMY, HIGH COURT OF M.P., JABALPUR NOMINAL INDEX OF NOTES ON JUDICIAL PRONOUNCEMENTS OF OTHER HIGH COURTS INCLUDED IN PART V OF CHAPTER-I OF THE READING MATERIAL S. CITATION REPORTED IN REFER NOTE NO. AT PAGE NO. NO. 1 Abhijit Bhikaseth Auti v. 2009 CriLJ 889 (Bom.) 9 14 State of Maharashtra and anr. 2 Advocate Ramesh Mohanlal 2011 CRI.L.J. 4074 25 29 Bhutada & Anr. v. State of Maharashtra & Ors. 3 Anilkumar and ors. v. 2009 CriLJ 3530 (Ker.) 19 24 Sindhu and anr. 4 Ann Menezes v. Shahajan 2010 CriLJ 3592 (Bom.) 14 18 Mohammad 5 Archana Hemant Naik v. 2010 CriLJ 751 (Bom.) 1 2 Urmilaben I. Naik & anr. 6 Ganesh Rajendra Kapratwar 2010 CriLJ 1027 (Bom.) 3 8 and anr. v. State of Maharashtra 7 Jaydipsinh Prabhatsinh Jhala 2010 CriLJ 2462. (Guj.) 1 & 4 3 & 9 & ors. v. State of Gujarat & ors. 8 Jovita Olga Ignesia 2011 CRI. L.J. 754 25 28 Mascarenhas e Coutinho v. Rajan Maria Coutinho 9 K. Narasimhan v. 2010 CriLJ 2173 (Kar.) 2 5 Smt. Rohini Devanathan 10 K. Viswanathan v. 2010 CriLJ (NOC) 448 1 1 Sivamalar (Mad.). 11 K.E. Jose v. State of Kerala 2007 Cri.L.J. (NOC) 476 18 22 and another (Ker.) 12 Kanaka Raj v. State of 2010 CriLJ (NOC) 447 22 25 Kerala & anr. (Ker.) 13 Kishor Shrirampant Kale v. 2010 CriLJ 4049 (Bom.) 3 7 Sou. Shalini Kishor Kale & ors. 14 M.A. Mony v. M. P. 2007 CriLJ 2604 (Ker.) 8 13 Leelamma and another 15 M. Palani v. Meenakshi AIR 2008 MAD 162 5 11 16 Milan Kumar Singh and anr. 2007 CriLJ 4742 (All.) 10 15 v. State of U.P. and anr. 17 Mohammad Maqeenuddin 2007 CriLJ 3361 (A.P.) 14 19 Ahmed and ors. v. State of A.P. and anr. 18 Nandkishor Damodar 2010 CriLJ (NOC) 298 15 20 Vinchurkar v. Kavita (Bom.) Nandkishor Vinchurkar & anr.
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