Judgment Search Results Home > Cases Phrase: domestic violence Court: chennai Page 1 of about 185 results (0.033 seconds)

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. .....

M. Palani Vs. Meenakshi

Court : Chennai

Reported in : AIR2008Mad162

..... again in paragraph 6 the petitioner had averred as follows:i am advised to state that section 2(f), domestic violence act defines 'domestic relationship' as a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family ..... since the petitioner and the respondent have not lived together at any point of time and hence the respondent cannot claim protection under any of the provisions of the 'the protection of women from domestic violence act, 2005' (hereinafter called as 'the act'). ..... 2(a) reads as follows:(a) 'aggrieved person' means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any of domestic violence by the respondent.11. ..... if we had either married or lived together would the provisions of domestic violence act be attracted. ..... said application was filed under section 20 read with section 26 of the domestic violence act, 2005. ..... intention of the legislature is that even if an application is filed before the civil court or family court or a criminal court by the aggrieved person, an order shall be passed by them taking into consideration any domestic incident report received from the protection officer or the service provider, then the legislature would have incorporated such proviso as in the case of section 12(1), even in section 26 also.18. .....

K.Niranjani Vs. R.T.Dinesh, and ors.

Court : Chennai

..... the wife/appellant filed an application under domestic violence act against her husband and in-laws and obtained interim order of rs.25,000/- as maintenance and her right of residence was modified, against which, both husband and wife preferred appeals in c.a.no.39/2010 for reducing interim ..... she filed an application under domestic violence act and obtained an interim order of rs.25,000/- per month as interim maintenance, against which, both husband and wife preferred appeals in c.a.nos.39 and 46 of 2010 respectively. ..... 18, 19, 20(1) & 22 of the protection of women from domestic violence act, 2005, which was taken on file in d.v.a.c.no.1 of 2010 and interim order of rs.25,000/- per month has been awarded to the wife as maintenance and the right of residence was ordered. .....

.Nagasundaram Vs. Anitha

Court : Chennai

..... for the purpose of this case, section 9(1)(b) and (c) are relevant, which read as follows: (b)to make a domestic incident report to the magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;(c)to make an application in such form and ..... the petitioner cannot forestall the first respondent approaching the statutory forum to ventilate her grievance and in the forum provided under the domestic violence act in addition to the other reliefs that are available to the party either before a civil court or family court or ..... also pending in m.c.no.10 of 2011.5.the first respondent also gave a complaint on 6.7.2011 under the protection of women from domestic violence act, 2005 for restoring her to her marital home. ..... by the second respondent is warranted in terms of section 9 of the protection of women from domestic violence act, 2005. ..... bound to enquire into all complaints by virtue of the domestic violence act. ..... follows:(2)the protection officer shall be under the control and supervision of the magistrate, and shall perform the duties imposed on him by the magistrate and the government by, or under, this act.9.after making domestic incident report (dir), the said officer can also present an application seeking for relief. .....

Yusuf Allabuksh. Vs. Julakia Bee

Court : Chennai

..... the first respondent has filed the said petition under the provisions of the protection of women from domestic violence act, 2005, seeking maintenance, share in the household and other reliefs as provided in section 18 of the said act. ..... the learned counsel would further contend that as per section 27 of the protection of women from domestic violence act, 2005 the learned judicial magistrate, kallakurichi has got territorial jurisdiction to entertain the complaint.6. ..... this clearly brings to light the intention of the legislature to be liberal and considerate only towards the victims of domestic violence. ..... thus, it is obvious that the main purpose for which the act has been brought into force is only to protect the rights of women and to protect the victims of domestic violence. ..... it is evident that the purpose of the act is to provide for more effective protection of the rights of the women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. .....

Dennision Paulraj and ors. Vs. the Union of India (Uoi), Rep. by Secre ...

Court : Chennai

Reported in : (2009)6MLJ283

..... for all the reasons stated above, i am not inclined to hold that sections 12, 18, 19 and 23 of the protection of women from domestic violence act, 2005 (central act 43 of 2005) are unconstitutional, ultra vires and void and the writ petition is liable to be dismissed and accordingly, dismissed ..... the sixth respondent having failed in her malicious attempt, with an ulterior motive to harass the petitioners, filed an application under sections 18, 19 and 23(2) of the protection of women from domestic violence act, 2005 (herein after referred to as the act) setting out false and frivolous particulars. ..... the main ground of attack on certain provisions of the protection of women from domestic violence act, 2005 are that under the said act, the husband cannot file any application, but only the wife can file ..... the petitioners have come forward with the present writ petition for a declaration declaring sections 12, 18, 19 and 23 of the protection of women from domestic violence act, 2005 (central act 43 of 2005) as unconstitutional, ultra vires and void.3. ..... 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 parliament ..... para 4 of the said judgment is usefully extracted here under:domestic violence is a world wide phenomenon and has been discussed in international fore, including the vienna accord of 1994 and the beijing declaration and the platform for action (1995 .....

R. Prabhakar and Another Vs. Dr. V. Jothilakshmi

Court : Chennai

..... naik reported in 2010 cri.l.j.751 "protection of women from domestic violence act (43 of 2005), ss.2(q), 12, 19 - domestic violence relatives of husband or male partner referred to in provisio to s.2(q) cannot be only male relatives but can be female relatives also hence female relatives can also be respondents in application under section 12 filed by wife or female covered ..... priyanka khanna & ors reported in 2010 (119) drj 182 "protection of women from domestic violence act, 2005 section 20 excessive maintenance no concrete proof of high status and vast property of husband mere allegations made by the wife that husband was a man of status and had vast ..... sanjay singh sandhu & ors reported in 2007 (96) drj 697 " protection from domestic violence act, 2005, sections 2 & 17 civil procedure code, 1908 order 39 rules 1 and 2 interim injunction sought by daughter in law against her husband and in laws seeking protection from eviction from matrimonial home ..... of both sides and on considering the facts and circumstances of the case, the learned ix metropolitan magistrate has held that the respondent herein is not entitled to protection under section 18 of domestic violence act since the revision petitioners herein had not caused any domestic violence towards the respondent herein viz. ..... and mother-in-law respectively under section 18(a)(b)(c)(e)(f)(g), 19(a)(b)(c) and section 20(c) of domestic violence act stating that she has been married to the first petitioner herein .....

A. Suresh Anto Vs. Anto Teena Mary

Court : Chennai

..... per contra, the learned counsel appearing for the respondent would vehemently contend that in the cases filed under protection of women from domestic violence act, 2005, the learned magistrate has power to pass interim and ex-parte orders and there is no provision available in the said act to set aside the order passed by the learned magistrate under ..... (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 ..... the case are as follows:- (i) the respondent as a complainant filed a petition in m.p.no.59 of 2012 under section 12 of the protection of women from domestic violence act, 2005, (hereinafter referred to as the act) seeking interim relief of residence order and monetary reliefs per month under section 23(3) of the act ..... further, on a perusal of the entire provision of the domestic violence act, it is seen that there is no provision available to set aside the interim order or ex-parte order passed under ..... since there is no provision available in the domestic violence act, to set aside the ex-parte interim order, the learned x metropolitan magistrate, egmore, chennai, has correctly dismissed .....

K. Sugi Vs. R. Rajarathinam

Court : Chennai

..... follows:- the petitioner / wife has filed a petition under section 12 r/w section 18(a), (b), (d), section (19)(1)(f), 19(8), section 20(1), section 22 of the protection of women from domestic violence act, 2005, along with an affidavit praying for (a) protection order: preventing the respondent from (a) committing any act of domestic violence, (b) aiding or abetting in the commission of acts of domestic violence, (c) attempting to communicate with the petitioner; in any form whatsoever, (b) residence order: (a) direct the respondent to secure same level of alternate accommodation as enjoyed by the ..... contended that the appellate court has failed to consider that according to section 23(2) of the protection of women from domestic violence act, 2005, the learned magistrate is allowed to pass even an ex-parte interim order if he is satisfied that a prima facie case of domestic violence exists, based on the affidavits submitted before him. ..... it was submitted that as the respondent has not caused any domestic violence to the petitioner, the petitioner is not entitled to receive rs.20,000/- as interim monthly maintenance and rs.7,500/- ..... the respondent has submitted that he had not committed any domestic violence against the petitioner and that the complaint had been filed against him only for the purpose of extracting lumpsum payment from him and ..... /- (rupees twenty lakhs only)towards damages for injuries, mental torture and emotional distress caused by the acts of domestic violence. 3. .....

A. Manikandan and Another Vs. Manonmani

Court : Chennai

..... a bare perusal of the order under challenge reveals that in passing the order under section 23 of the protection of women from domestic violence act, 2005, no prima facie satisfaction of the petitioner committing or having committed an offence of domestic violence or there being any likelihood of doing so has been recorded. ..... pending such petition, the respondent/wife filed m.p.no.727 of 2014 on the file of learned xvii metropolitan magistrate, saidapet, chennai, u/s.12 of protection of women from domestic violence act, 2005. .....