Judgment Search Results Home > Cases Phrase: domestic violence Sorted by: old Court: chennai Page 1 of about 185 results (0.030 seconds)

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. .....

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 .....

K.Ravi Petitioner Vs. K.Victoria and ors.

Court : Chennai

order1. the legal representative of the petitioner in i.a.no.434 of 2002 in o.s.no.114 of 2002 on the file of the district munsif, thiruvottiyur is the revision petitioner.2. the suit in o.s.no.236 of 1988 (later re-numbered as o.s.no.114 of 2002) was filed by one kannappan, claiming to be the owner of the suit property, for recovery of possession. the case of the plaintiff was that the first defendant in that suit viz., venkiah alias venkatesalu was the tenant under the plaintiff in respect of the vacant site and without the consent of the plaintiff, the said tenant venkiah alias venkatesalu sublet the portion of the land let out to him and also sold the superstructure to one krishnan nair and the second defendant bhakyam, who claims to be the wife of krishnan nair, was only a sub-tenant and she is not entitled to the benefits of tamil nadu city tenants protection act and the main tenant was not in possession of the property and therefore, the suit was filed for the relief prayed for.3. the second defendant bhakyam filed a statement stating that she is a tenant under the plaintiff kannappan and her husband put up the superstructure and after the death of her husband, she is in possession of the property in the capacity of tenant and as his legal heir, she is entitled to claim the status of a tenant and she also filed application under section 9 of the tamil nadu city tenants protection act for purchasing the vacant land as she is entitled to the benefits of that act and the .....

.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. .....

Gnanawathi Vs. the Secretary and ors.

Court : Chennai

..... it is no exaggeration to place on record that instances of violence against women and children, particularly females, such as rape, dowry deaths, domestic violence, bride-burning, molestation, brazen ill-treatment of horror, vulgarity and indecency are not only rampant but on phenomenal increase casting a shadow of shame on the society, the culture and governance of this country and it seems .....

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. .....

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 .....

M.Veersamy Vs. State of Tamilnadu.

Court : Chennai

..... 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. .....

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. .....

B.Clement. Vs. Mrs.Mcthel Thanga Annam Alias P.Mcthel

Court : Chennai

..... the respondent herein in turn filed a case in m.c.no.21 of 2011 before the learned judicial magistrate, ambattur, tiruvallur district, under the provisions of the protection of women from the domestic violence act, 2005 wherein she has prayed for various reliefs including maintenance from her husband, the petitioner herein. .....