Judgment Search Results Home > Cases Phrase: domestic violence Page 1 of about 6,528 results (0.015 seconds)

Mr.ishpal Singh Kahai Vs. Mrs.Ramanjeet Kahai

Court : Mumbai

..... harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force.under explanation ii to section 3 for determining the commission of an act constituting domestic violence the overall facts and circumstances of the case shall be taken into consideration.the dv act thus grants protection against any form of aggression mental, physical, or emotional in a shared household which may not belong to the ..... she applied for temporary injunction for the aforesaid reliefs in which the impugned order came to be passed.2.though the petition is not expressly stated to be filed under the provisions of the protection of women against domestic violence act (dv act), the substantial interim reliefs are available to the wife under it and it is gratifying to note that the learned judge has impliedly treated the interim application as one also under the dv act ..... consideration of ownership rights as a condition for determining whether or not a particular property is a shared household.26.the dv act grants protection to women in a shared household (or matrimonial home) in case of any domestic violence perpetrated upon her therein.27.under the relevant portion of section 3 of the dv act, domestic violence is defined inter alia as the omission or commission or conduct of the respondent which:(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the .....

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and anr

Court : Andhra Pradesh

..... total respectful agreement, the fact that divorce was granted by a foreign court between saritha and the 1st petitioner, will have no effect on the maintainability of the domestic violence case, if the allegations made therein otherwise bring the dispute within the province of the act, the entitlement to the reliefs claimed being, of course, dependent on the ultimate proof ..... of the act are applicable prospectively to acts or omissions of domestic violence that occurred prior to 26-10-2006, then the aggrieved person who suffered violence prior to that date would be deprived of claiming any relief under the act, the learned judge found no justification or reason to deny certain remedies available to women who suffered domestic violence prior to 26-10-2006 as such a narrow interpretation will defeat the ..... supra) continues to hold the field and if the act is retrospective in operation, the domestic violence case cannot fail on the ground of the sequence of events involved herein being prior to the act coming into force, while the question whether such events amounted to domestic violence and were probablised to have so happened is a question to be gone into on merits ..... however, without going into the question whether the provisions of the act can be retroactive in relation to any continuing events amounting to domestic violence as defined under section 3 of the act, it was opined that irrespective of any retrospective or retroactive effect to the provisions of the act, the continuing .....

Saraswathy Vs. Babu

Court : Chennai

..... for the reasons given in the preceding paragraphs, i am of the considered view that a petition under the provisions of the protection of women from domestic violence act, 2005 is maintainable even if the acts of domestic violence have been committed prior to coming into force of the act or despite her having in the past lived together with the respondent a shared household woman is no more living with him, at the ..... the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman who despite living with the respondent and having ..... since andhra pradesh high court and madhya pradesh high court have neither considered that the act does not make any act of domestic violence or any other act punishable and it is only the contravention of an order passed under the provisions of the act, which has been made punishable under section 31 of act, nor have they ..... attracted only if a protection order is passed and the respondent violates that order, the penal consequences mandate from the date of the protection order and not from the date of acts of domestic violence and, therefore, the court was competent to take cognizance of the acts of domestic violence committed even prior to the act came into force, and pass necessary protection orders. .....

Afzalunnisa Begum W/O. Late Mohd. Abdul Salam Vs. the State of A.P. Re ...

Court : Andhra Pradesh

Reported in : 2009CriLJ4191

..... the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from-(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, ..... (1) while disposing of an application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order:(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, ..... the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing ..... or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate;(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection order.19 residence orders. .....

Shri. Maroti S/O. Dewaji Lande Vs. Sau. Gangubai W/O. Maroti Lande and ...

Court : Mumbai Nagpur

..... all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum ..... the main contention of the petitioner is that the application under section 12 of the protection of women from domestic violence act, 2005 was inordinately delayed and there was no reasonable explanation for the delay and, secondly, that petitioner is not liable to pay maintenance particularly to the son who is already attained ..... respondent in such application pursuant to the complaint under the domestic violence act, cannot be allowed to defeat the provisions of act by continuously depriving his wife or applicant with whom he was in the domestic relationship from the benefits under the act i.e. ..... petitioner is facing proceedings initiated under section 12 of the protection of women from domestic violence act, 2005 (act 43 of 2005), which was registered as criminal application ..... the contention as to whether the protection of women from domestic violence act, 2005 is retrospective needs to be considered in the light of settled legal position ..... can apply under section 12 of the act as an "aggrieved person" complainant of domestic violence and seek orders under the act i.e. ..... the question as to whether the provisions of domestic violence act has a retrospective effect or not is already answered by reasoned judgment of this court, in criminal .....

Abhijit Bhikaseth Auti Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2009CriLJ889

..... granted on an application under section 12 the said act can be broadly classified as under:(i) protection orders under section 18 which are for preventing the respondent from committing an act of domestic violence;(ii) residence orders under section 19;(iii) monetary relief under section 20 which includes maintenance, loss of earnings, medical expenses and loss caused due to destruction, damage or removal of any ..... the aggrieved person and if the application under section 12(1) of the said act prima facie discloses that the respondent thereto is committing or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, the learned magistrate may grant ex parte order under sections 18, 19, 20, 21 or as the case may be under section 22 against the respondent. ..... (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 domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section ..... the prayer in the said application is that the petitioner should be prohibited from committing any act of domestic violence and also from causing any kind of alienation of the said flat and from causing any disposition of the said flat or any .....

Rajkumar Rampal Pandey Vs. Sarita Rajkumar Pandey

Court : Mumbai

Reported in : 2008(6)BomCR831

..... the family court, after hearing both parties, was pleased to partly allow the application with the result the petitioner-husband and all relatives were permanently restrained from committing any act of domestic violence and in turn rejected prayer of respondent-wife to prevent the petitioner's mother and sister from entering in the shared household.being aggrieved by the aforesaid order, to the extent it is adverse to the petitioner, he ..... -wife moved an application before the family court, bandra under section 26 of the protection of women from domestic violence act, 2005 ('the domestic violence act' for short) to seek declaration that she has a right to reside in the shared house ..... learned counsel appearing for the petitioner urged that the application under section 26 of the domestic violence act was not maintainable and that the subject-flat cannot be termed as the shared ..... embarking upon the rival submissions it is necessary to note that the domestic violence act was enacted on 13th september, 2005 to provide more effective protection of the rights of women, guaranteed under the constitution, who are victims of violence within the family and to deal with the matters connected therewith or ..... , clear that a relief available under section 19 of the domestic violence act can also be claimed under section 26 of the act ..... with the aforesaid aim and objects of the domestic violence act, now, let me turn to the provisions of the act relevant for the decision of this petition.section 2(s) .....

Vishal Damodar Patil Vs. Vishakha Vishal Patil

Court : Mumbai

Reported in : 2009CriLJ107

..... (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 domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.5. ..... the said rules are known as the protection of women from domestic violence rules, 2006 (hereinafter referred to as the said rules). ..... with a view to appreciate the submissions, it will be necessary to refer to the facts of the case in brief.the first respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... the said prohibitory order is essentially for preventing the respondent from committing an act of domestic violence or from preventing commission of any act as. ..... under sections 18, 19, 20, 21 or 22 of the said act provided the learned magistrate is satisfied that the application made by the aggrieved person prima facie discloses that the respondent to the said application is committing or has committed an act of domestic violence or there is a likelihood that the respondent may commit an act of domestic violence. .....

Archana Hemant Naik Vs. Urmilaben I. Naik and anr.

Court : Mumbai

Reported in : 2010CriLJ751

..... residence orders - (1) while disposing of an application under sub section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order - (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or ..... explanation ii-for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes 'domestic violence' under this section, the overall facts and circumstances of the case shall be taken into consideration.4. ..... the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it(a) harms or injuries or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic ..... under section 2 of the said act, 'domestic violence' has been defined by clause (g) which provides that 'domestic violence' has the same meaning assigned under section 3.section 3 reads thus:3. ..... the revision applicant is an applicant in an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). .....

Aruna Parmod Shah Vs. Union of India (Uoi)

Court : Delhi

Reported in : 2008(102)DRJ543

..... the petition contains two prayers - (a) for declaring the protection of women from domestic violence act, 2005 (for short 'act) as ultra virus the constitution of india and (b) to quash the proceedings before the metropolitan magistrate, ..... we do not rule out the possibility of a man becoming the victim of domestic violence, but such cases would be few and far between, thus not requiring or justifying the protection of ..... 'it is, thereforee, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society'. ..... to the virus of the protection of women from domestic violence act is misconceived and devoid of merit. ..... domestic violence is a worldwide phenomenon and has been discussed in international fora, including the vienna accord of 1994 and the beijing declaration and the platform for action ..... this connection, the preceding section 17 is legally path-breaking since it introduces the right of every women in a domestic relationship to reside in the shared household, whether or not she has any right, title or beneficial interest in the ..... nations committee convention on elimination of all forms of discrimination against women (cedaw) has recommended that states should act to protect women against violence of any kind, especially that occurring within the family. .....