Court : Chennai
..... the learned trial court failed to consider the second respondent filed op.no.3877 of 2013, in which no such allegations of domestic violence act was pleaded, the complaint was made after 19years without mentioning any specific date, month, year etc. ..... the learned counsel for the second respondent mainly contended that there is no specific fault in the domestic violence act and filed revision before this court. ..... in the above said circumstances, it is useful to extract section 29 of the protection of women from domestic violence act, 2005 which read as follows :- 29. ..... it is admitted by both sides, cc.no.2463 of 2015 is pending on the file of the x metropolitan magistrate, egmore @ allikulam, chennai for the offences under section 9(b) read with 37(2)(e) of the protection of women from domestic violence act, 2005. 3. ..... the present cc.no.2463 of 2015 is filed under section 37(2)(e) of the domestic violence act. ..... in view of the above circumstances, if the petitioner is aggrieved by the order passed by the x metropolitan magistrate, egmore @ allikulam, chennai he has to prefer appeal under section 29 of the domestic violence act. ..... but the present revision is preferred by the revision petitioner without invoking section 29 of the domestic violence act. .....
Tag this Judgment!Court : Chennai
..... magistrate, ambattur, by which, the petition filed by mr.v.vinod kumar, husband/father of the minor child, sanjana and his mother, mrs.shanthi, under section 15 of the protection of women from domestic violence act, 2005, to provide assistance of medical and welfare experts to the wife/mother and to evaluate/assess her mental ability and attitude to contest the proceedings before the learned judicial magistrate, ambattur ..... this court in h.c.p.no.2827 of 2013, dated 27.11.2013, has directed the wife/mother to approach only the family court, for custody of the child and therefore, the application filed under section 21 of the domestic violence act, is not maintainable and the further contention that there was a suppression of material fact, in not bringing it to the notice of the learned judicial magistrate, ambattur, about the filing of ..... there cannot be any parallel proceedings, for the same relief of interim custody, but when the wife/mother has taken out a separate petition in c.m.p.no.1291 of 2014, under section 21 of the domestic violence act, for interim custody of the girl child, aged two years and four months, it is always open to her to withdraw the petition, pending before the family court and pursue ..... though the husband/father has contended that the wife/mother had changed her residence to evade legal liability and to file the domestic violence case, within the jurisdiction of the learned judicial magistrate, ambattur, it is her contention that shifting of residence to .....
Tag this Judgment!Court : Chennai
..... respondent herein, partly allowed the appeal, by modifying the order dated 23.06.2011 passed by the xvii metropolitan magistrate, saidapet, in crl.m.p.no.1945 of 2010, for alternate accommodation under section 19 of the protection of women from domestic violence act, 2005 instead of the relief of shared household granted under section 17 of the said act and directed the appellants / revision petitioners to pay a sum of rs.15,000/- towards rent to the respondent herein with effect ..... the learned judge had assigned the reason that alternate accommodation should be given as per section 19 of protection of women from domestic violence act, 2005, instead of the relief of the shared house hold granted under section 17 of the said act, and as such, the above order has been passed, which is sustainable ..... per contra, the learned counsel for the revision petitioners has submitted that the protection of women from domestic violence act will not be applicable in the instant case, since the respondent herein or her mother never lived along with the first revision petitioner at door no.15, vaigai street, chinmaya nagar, stage-ii, virugambakkam ..... -(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- (f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if .....
Tag this Judgment!Court : Chennai
..... no.v, chennai, confirming the conviction and sentence imposed in the judgment dated 24.08.2010 on the file of ii metropolitan magistrate, egmore, chennai made in c.c.no.4628 of 2009 convicting the petitioner u/s.18, 19(1)(2)(3)(4), 20(a), 20(b) and 22 of the protection of women and domestic violence act, 2005 and call for the records and acquit the petitioner from all the charges. ..... follows:- the respondent herein / complainant / wife has filed a case in c.c.no.4628 of 2009, on the file of ii metropolitan magistrate, egmore, chennai-8, against the revision petitioner / husband under section 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005, stating that her husband had treated her cruelly and physically tortured her. ..... (ii) d.velusamy versus d.patchaiammal reported in cdj2010sc951".protection of women from domestic violence act, 2005-section 2(f) - for getting maintenance under section 125 of ..... the complaint in c.c.no.4628 of 2009, filed u/s 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005, will not be applicable in the instant case.12. ..... for whatever reason, there were misunderstandings between the parties, as a result whereof, on 29th november, 2006, the respondent filed a petition before the magistrate under section 12 of the protection of women from domestic violence act, 2005, hereinafter referred to as the ".pwd act". ..... in order to prove the domestic violence, medical records, wound certificate, police complaint .....
Tag this Judgment!Court : Chennai
..... to pay the further loss of rs.50,000/- per month till he returns or hand over the property to the petitioner; ii) directing the respondent to pay a sum of rs.5,00,000/- as the expenses incurred and loss suffered by the petitioner as a result of domestic violence; iii) directing the respondent to pay a sum of rs.1,00,000/- the aggrieved person as monthly maintenance; iv].compensation order under section - 22 i)directing the respondent to pay a sum of rs.5,00,0000/- (rs.five crores only) as compensation for the injuries ..... and rs.15,000/- per month to the 2nd respondent/son and rs.10,000/- per month to the 3rd respondent/ son for their maintenance, education etc.as interim monetary relief as per ingredients of section 20 of the protection of women from domestic violence act and she has sought for passing of an residential order by the trial court to herself, respondents 2 and 3 at revision petitioner/husband's residence (matrimonial home-shared household) at door no.73-74, south veli street, madurai - 1, ..... it is held as follows: ".in the circumstances of the instant case there were no circumstances justifying the invocation of the powers under section 482 cr.p.c.against the impugned interim order of residence passed u/s.23 r/w.s.19 of the protection of women from domestic violence act, at the instance of the petitioner, who had not invoked his right of appeal under section 29 of the act nor invoked his right to appear before the magistrate and pray for vacation/alternation .....
Tag this Judgment!Court : Chennai Madurai
..... sub-section (1) of section 12, the magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved ..... sub-section (1) of section 12, the magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to (a)the loss of earnings; (b)the medical expenses; (c)the loss caused due to the destruction, damage or removal of any property from the control of the ..... filed a petition under section 12 of the p.w.d.v.act, 2005, seeking the following reliefs: i) to pass protection order prohibiting the respondent from committing any act of domestic violence either physically or mentally against her and daughter; ii) to pass a residence order, making provision for residence at the house, where the petitioner was residing. ..... 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. .....
Tag this Judgment!Court : Chennai
..... plaint are contradictory to the averments in the petition, which will clearly show that it is motivated and the suit having been filed in december 2012 and the present petition filed under the provisions of the domestic violence act has been filed in november 2013 and the contradictions in the allegations itself would be sufficient to quash the petition. ..... respondent prayer : criminal original petition filed under section 482 of the criminal procedure code, praying to quash the proceedings initiated by the respondent herein under the provisions of the protection of women from domestic violence act, 2005 in c.c.no.7428 of 2013, on the file of the ii metropolitan magistrate court, egmore, chennai. ..... as noticed above, the act contemplates filing of an application and a domestic violence cannot be a singular incident, it may be a bunch of events or several events continuing for a prolonged period. ..... , could be made applicable, the application filed by the respondent before the court under the provisions of the domestic violence act is well within the period of one year.9. ..... , is to quash the c.c.no.7428 of 2013, on the file of the ii metropolitan magistrate, egmore based on a petition filed by the respondent herein under section 12 of the protection of women from domestic violence act, 2005, (hereinafter referred to as the 'act').2. .....
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..... that the learned judicial magistrate has passed final orders in d.v.o.p.no.29 of 2012 on 21.09.2012 and as against the said final order as per section 23 of the protection of women from domestic violence act, 2005 (act 43 of 2005), an appeal is to be preferred by the revision petitioners/respondents and in short, the present revision petition filed by them is not maintainable before this court. ..... judicial magistrate, valliyoor has recorded the sworn statement of the first respondent/wife and nowhere in the protection of women from domestic violence act, 2005, recording of sworn statement is permissible before passing an exparte order and in fact, the proceeding before the trial court under the protection of women from domestic violence act, 2005 is a civil in nature and therefore, a summary procedure is to be followed like that of the ..... 11.proceeding further, the learned counsel for the revision petitioners contends that as per sub section (2) of section 23 of the protection of women from domestic violence act, 2005, an affidavit in form not iii is to be filed by the first respondent/wife and no such affidavit has been filed by her and in fact, a sworn affidavit of the first respondent ..... 9.added further, the learned counsel for the petitioners submits that rule 6(5) of the protection of women from domestic violence, rules 2006 enjoins that the applications under section 12 of the act, shall be dealt with and the order enforced in the same manner laid down under section 125 of the .....
Tag this Judgment!Court : Chennai
..... open for them to approach the very same magistrate under section 127 of the code for such modification so as to have the maintenance amount enhanced or if the respondents have got any fresh grounds, constituting the domestic violence, which happened subsequent to the passing of the order under section 125 of the code, they are at liberty to approach the magistrate under section 20 of the act to get an order for maintenance in addition to an order ..... section (1) of section 12, the magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the ..... to the earlier order under section 125 of the code, the wife should plead and prove that subsequent to the said order made under section 125 of the code, the husband had caused domestic violence and on account of the same, she had suffered loss and thus, she is entitled for additional amount as maintenance. ..... thus, if the husband neglects the wife or refuses to maintain her, the said act of the husband surely amounts to domestic violence and therefore, the aggrieved wife is entitled for monetary relief and such monetary relief may include, but not limited to the maintenance for the wife as well as .....
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..... the protection officer held an enquiry and finally submitted a report before the learned judicial magistrate no.ii, thanjavur, alleging that there was domestic violence caused to the petitioner by the respondents and recommending for an order for shared household in the said house and also for monetary relief. 2.3 ..... this explanation would make it clear that whether a particular act or omission of the accused amounts to domestic violence or not, is to be tested by taking into account the over all facts and circumstances of the case ..... of doing so, it is obvious that he has used his wife to initiate the present proceedings, as though there was domestic violence at the hands of the respondents, as defined in the act. ..... of the trial court, directing the respondents not to disturb the possession of the petitioner, her husband and their children to live in the house in question and also confirmed the direction not to cause any domestic violence to the petitioner, her husband and her children. ..... trial court further directed that the respondents shall not cause any domestic violence to the petitioner, her children and her husband. ..... the above allegation, the petitioner made a complaint before the protection officer, at thanjavur, under the protection of women from domestic violence act, 2005, [for brevity, "the act"].. ..... dispute, regarding property right, which needs to be resolved before a competent civil court, is now given a colour of domestic violence so as to abuse the process of court.14. .....
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