Court : Chennai
..... despite the effective implementation of the said act, domestic violence has not been totally eradicated. 13. ..... it is because of the above conventions, to give effect to articles 14, 15 and 21 of the constitution of india, the parliament has brought in a legislation in the form "the protection of women from domestic violence act, 2005" to protect the victims of domestic violence. ..... the phenomenon of domestic violence is widely prevalent but has remained largely invisible in the public domain. ..... the domestic violence is undoubtedly a human rights issue and serious deterrent to development. ..... the united nations committee on convention on elimination of all forms of discrimination against women in its general recommendation has recommended that state parties should act to protect women against violence of any kind especially that occurring within the family. ..... in the case on hand, what was attempted to be done to the petitioner was an unbearable and intolerable violence. .....
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..... the learned counsel for the petitioner/husband urges before this court that to execute the order of maintenance passed under section 12 of the protection of women from domestic violence act, 2005, there is an enabling provision under section 20 (6) of the said act and further, no relief can be granted in the said petition ..... 521 (delhi) it is observed and held as follows:- "in view of the fact that remedy by way of an appeal is provided under the protection of women from domestic violence act, 2005, he wishes to withdraw the petition with liberty to file an appeal in the court of the learned additional sessions judge (asj). ..... under section 128 of the criminal procedure code) is not maintainable to execute the order of maintenance passed under section 12 of the protection of women from domestic violence act, 2005, as if the said order and claim in m.c.no.5 of 2009 has been passed under section 125 of the criminal procedure code.5. ..... at this stage, this court aptly points out that section 12 of the protection of women from domestic violence act, 2005 speaks of an application to be filed before a magistrate by an aggrieved person or a protection officer or any other person on behalf ..... be that as it may, in view of the fact that as per section 29 of the protection of women from domestic violence act, 2005, there is an effective and alternative remedy of filing of an appeal by the revision petitioner/husband as against the order dated 23/4/2012 in c.m.p.no.9459 of 2010 (m.c.no.5 of 2009) .....
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..... possession of the flat at new no.34/2 (old no.109/2), east vanniyar street, best apartments, k.k.nagar (west), chennai-78 (o.s.no.1026 of 2007 on the file of iii assistant judge, city civil court, chennai) and also another proceedings under domestic violence act (c.c.no.6969 of 2007, on the file of xxiii metropolitan magistrate court, saidapet, chennai). 3. ..... alleging that the respondent is continually violating appellant's right and threatened her, appellant filed petition under sections 18,19,20 and 21 of domestic violence act before xxiii metropolitan magistrate, saidapet, chennai. ..... , criminal proceedings, proceedings under domestic violence act, civil suit and subjected the respondent to harassment and that the appellant does not want to put an end to the proceedings so instituted and she wants to pursue further. ..... appellant had also referred the criminal case and also maintenance proceedings and the criminal proceedings pending under domestic violence act in c.c.no.6769 of 2007. .....
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..... the petitioner claiming to be the wife of the respondent filed a petition under section 18 of the prevention of domestic violence act before the 13th metropolitan magistrate, egmore and prohibiting the respondent from committing acts of domestic violence and also claiming relief under section 19 prohibiting the respondent from disturbing the possession of the petitioner from the shared household. ..... the petitioner preferred crl.r.c.no.1321 of 2010 challenging the judgment of the v additional sessions judge made in c.a.no.339 of 2008 insofar as the said judgment related to the findings rendered under the prevention of domestic violence act and confirming the order passed by the 13th metropolitan magistrate, egmore, chennai in crl.m.p.no.2421 of 2008, dated 05.12.2008. ..... the appeal was partly allowed by a judgment dated 21.10.2010 and that the order directing the respondent not to commit domestic violence and also directing to reside in the house owned by the respondent's mother was set aside. .....
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..... the learned counsel for the husband also pointed out the fact that the domestic violence case d.v.a.no.64/2014 on the file of the judicial magistrate no.7, coimbatore is still pending on the file of the learned judicial magistrate no.7, coimbatore and jayalakshmi has not sought for transfer of the same to chennai. ..... it is quite obvious that jayalakshmi (wife) herself chose coimbatore to be the place of suing by filing three cases h.m.o.p.no.1112/2008 and m.c.no.155/2012 on the file of the family court, coimbatore and domestic violence case d.v.a.no.64/2014 on the file of the judicial magistrate no.7, coimbatore. ..... thereafter jayalakshmi filed a domestic violence case in d.v.a. .....
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..... in the decision cited supra, section 145 of the negotiable instruments act was introduced to reduce the time taken to complete the trial, wherein under this act, as per section 12(5) of the protection of women from domestic violence act, the magistrate shall endeavour to dispose of the application made under sub-section (1) within a period of sixty days from the date of its first hearing. ..... per contra, the learned counsel appearing for the respondent submitted that the remedy is provided under the protection of women from domestic violence act, is only a civil remedy, but at the same time, the act provides for speedy disposal and as per section 12(5) of the protection of women from domestic violence act, the application should be disposed of within a period of sixty days from the date of its first hearing.5 ..... the learned counsel for the respondent further submitted that as per section 28 of the protection of women from domestic violence act, 2005, the normal procedure to be adopted is governed by the provisions of code of criminal procedure, but under section 28(2) of the act, the court can lay down its own procedure for disposal of an application under section 12 ..... though like negotiable instruments act, in the protection of women from domestic violence act, 2005, it is not specifically stated that the evidence may be given by the witness on affidavit, section 28(2) provides for the deviation from the normal procedures as contemplated under the code of criminal procedure, 1973 .....
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..... namely:-(a) and (b) omitted(c)inquire into violation of child rights and recommend initiation of proceedings in such cases;(d)examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, hiv/aids, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures;24.application of certain provisions relating to national commission for protection of child rights to state commissions ..... namely:(a) and (b) omitted(c) inquire into violation of child rights and recommend initiation of proceedings in such cases;(d) examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, hiv/aids, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures;17.in the present case, if any action is to be taken that has to be taken by the commission ..... in crime no.331/2011 from the station house officer, koodalnagar police station, madurai for effective investigation and to adhere to the guidelines prescribed by the supreme court in delhi domestic working women's forum vs. ..... from the fourth respondent to the newly constituted special team for the effective investigation of the case in the light of the guidelines evolved by the honourable supreme court in delhi domestic working women forum vs. .....
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..... it is an undeniable fact that in this country we find that the laws relating to dowry harassment and domestic violence are often misused by naming the entire family members as accused in firs. ..... disputes among family members, disputes among neighbours and domestic disputes among close relatives, which are purely either civil or trivial in nature, are given the colour of crimes, taken to the police stations and cases are registered. ..... the petitioner's father sri.sekar had made a complaint to the sub inspector of police of deevattipatti police station on 14.11.2013 alleging that on 09.10.2013, in a domestic quarrel between him and the petitioner, at about 06.30 p.m. ..... in the field of domestic law, we find the dowry harassment laws being misused by the offending spouse naming each and every adult family member of her husband. ..... there is no violence, dishonesty or vice in them. .....
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..... !for petitioner : mr.y.krishnan ^for respondent : mr.s.palanivelayutham :order the petitioner is the respondent in cr.m.p.no.8269 of 2013, filed under section 31 of the protection of women from domestic violence act, 2005, (in short "dv act"), seeking enforcement of the order dated 11.02.2011 made in cr.m.p.no.7910 of 2010, on the file of the court of judicial magistrate no.ii, dindigul. ..... section 2(g) of the dv act defines 'domestic violence' and it has been the same meaning as assigned to it in section 3 of the dv act. ..... chapter ii of the dv act, deals with 'domestic violence' and section 3 defines 'domestic violence'. ..... ' which includes, disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person.18. .....
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..... after reaching india only she gave a complaint before the superior court of california, at almeda and a request for domestic violence restraining order requesting to pass an order against her husband. ..... thereafter the complainant made a written complaint to california court praying relief under domestic violence restraining order. 9. ..... it does not require any sanction since it is a day to day domestic quarrel. .....
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