Court : Chennai
..... in the objections, the plaintiffs have also stated that the 1st petitioner/1st defendant filed a domestic violence case against them in d.v.no.3656 of 2010 on the file of the xviii metropolitan magistrate court, saidapet, chennai and the same was also dismissed on merits. 19. .....
Tag this Judgment!Court : Chennai Madurai
..... the contention of the petitioner is that she filed crl.m.p.no.1459 of 2016 before the judicial magistrate no.ii, nagercoil under the domestic violence act and the same is pending. .....
Tag this Judgment!Court : Chennai
(prayer: civil revision petition filed under article 227 of the constitution of india to set aside the administrative order dated 21.11.2012 passed by the learned principal subordinate judge, cuddalore directing the office to number the petition filed by the respondent/petitioner under section 12 of the protection of women from domestic violence act, 2005 as o.p.no.145 of 2012 and consequently, dismiss the same.) 1. the learned counsel for the petitioner seeks permission of this court to withdraw this civil revision petition. he also made an endorsement to that effect in the bundle. in view of the same, the civil revision petition is dismissed as withdrawn. no costs. consequently, connected miscellaneous petition is closed.
Tag this Judgment!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. .....
Tag this Judgment!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 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. .....
Tag this Judgment!Court : Chennai
..... respondent/wife has further contended that she had filed an application under the domestic violence act, claiming certain reliefs. .....
Tag this Judgment!Court : Chennai Madurai
..... in the mean while, thenmozhi filed a petition under domestic violence act as against her husband and in-laws before the learned judicial magistrate, melur. ..... further, by way of compromise, thenmozhi has agreed to withdraw all the proceedings initiated under the domestic violence act. 9. .....
Tag this Judgment!Court : Chennai
..... gayathri karthik, who are the petitioners herein, under the domestic violence act. 4. .....
Tag this Judgment!Court : Chennai Madurai
..... karpagam sought for certain reliefs under the domestic violence act as against her husband and her mother-in-law. ..... whereas the situation in domestic violence act is slightly different because there is no complainant, there is no accused, there is no offence. .....
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