Judgment Search Results Home > Cases Phrase: domestic violence Court: chennai Page 2 of about 185 results (0.035 seconds)

B. Sakunthala Vs. Vasantha

Court : Chennai Madurai

..... the main contention of the learned counsel for the petitioner is that the complaint filed by the respondent did not disclose any act of domestic violence as contemplated under section 3 of the said act and the learned magistrate, without any basic material / without jurisdiction / without application of mind / without subjective satisfaction / without perusal of records, has taken ..... of the learned counsel for the petitioner that instead of establishing her right in the civil court, this short-circuited method of filing the complaint under domestic violence act has been adopted by the respondent herein only for the purpose of extracting money from the petitioner. 3.2. ..... respondent claims the right over the property in the capacity as wife of the deceased husband, the remedy is only to file a civil suit for declaration of her rights and there cannot be a complaint under domestic violence act, when the petitioner herein has resorted to legal remedy. ..... when a dispute regarding property rights needs to be resolved by a civil court and if it is given the colour of domestic violence, then it is a case of abuse of process of the law and it needs to be quashed. ..... the legal remedy sought for is branded as domestic violence, then it is a case of abuse ..... medical expenses, the father has decided to sell the property, f) the petitioner has already taken only legal steps to get the respondent vacated and as such, there had been no domestic violence, as contended by the respondent herein. 5. .....

Selvarajan Vs. Rengasubathra

Court : Chennai Madurai

..... claiming shared residence, compensation, maintenance, return of her srithana articles and also protection from domestic violence, the wife has filed m.c.no.2 of 2013 before the learned judicial magistrate no.i, kovilpatti as against her husband and his parents. ..... the records relating to the order of the ii additional sessions judge, thoothukudi dated 11.02.2016 in c.a.no.38 of 2015, modifying the order passed by the learned judicial magistrate no.1, kovilpatti in m.c.no.2 of 2013 by order dated 01.07.2015 under protection of women from domestic violence act and set aside the same.) 1. ..... in short, in domestic relationship, domestic violence is analogous to matrimonial cruelty. ..... section 2(g) r/w section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... in her evidence she has admitted that there is no domestic problem between them and because he has filed a divorce case, she considered it a domestic violence. ..... in the facts and circumstances of this case, what is complained of is nothing less of domestic violence. ..... domestic violence comprises physical as well as mental cruelty. ..... act) explains what is 'domestic violence'. .....

T. Irfan Ahmed and Others Vs. M. Ghousia Firdous

Court : Chennai Madurai

..... the respondent/wife filed m.c.no.1 of 2015 on the file of the additional mahila court, thirichirapalli under section 12, 18 and 22 of domestic violence act, 2005 making false allegations against the petitioners. ..... affidavit stating that the issue involved in both the cases are not one and the same and she has filed m.c.no.1 of 2015 before the learned additional mahila judge, thirichirapalli, under section 12, 18 and 22 of domestic violence act, 2005 which is a separate proceedings. ..... the provisions under section 12 of domestic violence act, provides for speedy disposal of the application and to give immediate relief to the aggrieved person. ..... remedy under domestic violence act is a speedy remedy and petitioners are prolonging the matters. .....

N.Satishkumar Vs. Meenakshi

Court : Chennai

..... herein and the 2nd respondent herein, from the date of filing of the said petition and also directing the revision petitioner herein to pay a sum of rs.2,00,000/- as compensation under section 22 of the protection of women from domestic violence act 2005 together with a sum of rs.2,000/- as litigation costs.3.as against the said order, the revision petitioner preferred an appeal under section 22 of the ..... the courts below, on proper appreciation of the averments and evidence, arrived at the conclusion that the revision petitioner had committed a domestic violence and that both the respondents were entitled to monthly maintenance and the first respondent was entitled to compensation for the mental agony caused. ..... been filed.4.this court, after perusing the judgments of both the courts below, comes to the conclusion that there is no defect or infirmity in the finding of the trial court holding the revision petitioner to have committed a domestic violence and upholding the plea made by the respondents for an order directing payment of maintenance and also compensation. ..... the learned appellate judge, namely additional district and sessions judge, fast track court, virudhunagar, after hearing, concurred with the trial court regarding the finding that the revision petitioner had committed domestic violence and he was liable to pay maintenance and compensation together with litigation costs. .....

Senbagavalli and Others Vs. Senbagadevi

Court : Chennai Madurai

..... , praying to call for the records relating to m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005 and quash the same insofar as the petitioners alone.) 1. ..... 29/2015 on the file of the judicial magistrate, no.i, thanjavur, which has been filed for the offences under sections 12, 17, 18, 19, 20, 22, 23, 24 and 25 of the protection of women from domestic violence act, 2005 is pending. ..... the petitioners have come forward with this petition seeking to quash the proceedings in m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005. 2. ..... admittedly, the domestic violence case in m.c.no. .....

P. Kalpana Vs. R. Saravanan @ Arumugam and Others

Court : Chennai

..... petitioner is given 30 days time from the date of receipt of papers from the registry to file an appeal under section 29 of the protection of women from domestic violence act, 2005 before the competent court. ..... petitioner/wife instituted m.c.no.2 of 2015 before the learned chief judicial magistrate, erode seeking several reliefs under the protection of women from domestic violence act, 2005 (hereinafter called 'd.v.act'). ..... as against committing domestic violence. ..... the learned counsel for the revision petitioner would submit that the learned chief judicial magistrate, erode dismissed the maintenance case by an erroneous order throwing open the rudimentary principles relating to domestic problems. .....

R. Saravanan Vs. Pavathal

Court : Chennai

Reported in : 2012(4)MLJ(Crl)651

..... it was contended that the courts below have failed to appreciate that section 12 of the protection of women from domestic violence act, 2005, as well as the other provisions of the act, would not apply for getting an entry into the house of the petitioner. 9. ..... hence, the petitioner has filed a petition praying for protection to her from domestic violence as per section 12 and 23 of protection of women from domestic violence act, 2005. 3. ..... further, the case has been filed under section 2 of protection of women from domestic violence act. .....

C. Kulandaivel and Another Vs. M. Ramya

Court : Chennai

..... 2.the brief facts which are relevant to the facts of the case are as follows :- the present revision respondent has filed complaint under section 12 of the domestic violence act before the judicial magistrate, mahila court, salem, after hearing both parties, the trial court allowed the application in cmp.no.717 of 2014. ..... against which, the present revision petitioners/kulandaivel and ambujam filed petition in cmp.no.2083 of 2014 under section 25 of the domestic violence act, to set aside the order dated 03.01.2014 made in cmp.no.717 of 2014. ..... the petition and affidavit filed by the petitioners under section 25 of the domestic violence act in cmp.no.2083 of 2014 was ordered by the trial court on 01.10.2014, before the trial court the respondent/wife has not produced any documents to prove that he resides in the particular shared household. ..... in the earlier petition filed by the respondent/wife under section 23 of the domestic violence act, the petitioner therein has not produced any documents to show that she resides in the shared household of the husband. 9. .....

V.Krishnaveni Vs. V.Rajkumar

Court : Chennai

..... the findings of the trial court that the revision petitioner had not made out any prima facie case for any of the reliefs sought for under sections 18, 19 and 23 of the protection of women from domestic violence act 2005.6.the learned appellate judge has adverted to the transactions that took place subsequent to the death of the husband of the revision petitioner and also referred to the fact that the revision petitioner ..... the respondent no.1 and 2 from committing any act of domestic violence on the revision petitioner and prohibiting the respondent no.1 from alienating the property bearing door no.6 nagalingam pillai street, thiruchuli road, arupukkottai, virudhunagar ..... reside therein even thereafter she preferred a complaint against the first respondent, as if he had committed an offence of domestic violence at the instigation of the 2nd respondent, who is none other than the father-in-law of the first respondent.3.based on the above mentioned allegation, the revision petitioner filed a petition under sections 18, 19 and 23 of the protection of women from domestic violence act 2005 for the following reliefs:-(i)protection order under section 18 of the said act, prohibiting .....

S. Arunagiri Vs. The Additional Director General of Police (Law and Or ...

Court : Chennai

..... no.14 of 2014 before the judicial magistrate court no.ii, thanjavur, for various reliefs under the protection of women from domestic violence act. 5. .....