Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 1 of about 1,573 results (0.117 seconds)

Saraswathy Vs. Babu

Court : Chennai

..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in 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 ..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected. 18. ..... the primary question that arises for consideration is whether acts committed prior to the coming into force of the protection of women from domestic violence act,2005 and which fall within the definition of the term 'domestic violence' as informed in the act could form the basis of an action. .....

Shri. Maroti S/O. Dewaji Lande Vs. Sau. Gangubai W/O. Maroti Lande and ...

Court : Mumbai Nagpur

..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of rs. ..... the main contention of the petitioner is that the application under section 12 of the protection of women from domestic violence act, 2005 was inordinately delayed and there was no reasonable explanation for the delay and, secondly, that petitioner is not liable to pay maintenance particularly to the son who is already attained age of majority. ..... the petitioner is facing proceedings initiated under section 12 of the protection of women from domestic violence act, 2005 (act 43 of 2005), which was registered as criminal application no. ..... the contention as to whether the protection of women from domestic violence act, 2005 is retrospective needs to be considered in the light of settled legal position in this regard. ..... the protection of women from domestic violence act, 2005 came into force on 26/10/2006 vide s.o. ..... learned advocate for the respondent submitted that there is no question of limitation as submitted by the learned advocate for the petitioner as there is continuous cause of action for a wife to claim maintenance and avail of residence and protection orders under the domestic violence act. .....

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and anr

Court : Andhra Pradesh

..... in the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs under the protection of women from domestic violence act, 2005 (for short "the act") against the petitioners in criminal petition no.2539 of 2009. ..... unambiguously noting that if the remedies provided under sections 18 to 22 of the act are applicable prospectively to acts or omissions of domestic violence that occurred prior to 26-10-2006, then the aggrieved person who suffered violence prior to that date would be deprived of claiming any relief under the act, the learned judge found no justification or reason to deny certain remedies available to women who suffered domestic violence prior to 26-10-2006 as such a narrow interpretation will defeat the object and purpose of enacting the act. ..... as the female relatives of the husband or male partner are, thus, not excluded from the applicability of the act, if it is otherwise applicable, the domestic violence case against the 3rd petitioner cannot, therefore, fail on the ground of her sex. 18. .....

Aruna Parmod Shah Vs. Union of India (Uoi)

Court : Delhi

Reported in : 2008(102)DRJ543

..... the petition contains two prayers - (a) for declaring the protection of women from domestic violence act, 2005 (for short 'act) as ultra virus the constitution of india and (b) to quash the proceedings before the metropolitan magistrate, new ..... challenge to the virus of the protection of women from domestic violence act is misconceived and devoid of merit. ..... of the subject statute records that - 'it is, thereforee, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society'. ..... nations committee convention on elimination of all forms of discrimination against women (cedaw) has recommended that states should act to protect women against violence of any kind, especially that occurring within the family. ..... 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.5. ..... learned counsel for the petitioner has assailed the virus of the act on the ground that inasmuch as it provides protection only to women and not to men, the statute offends article 14 of the constitution ..... the argument that the act is ultra virus the constitution of india because it accords protection only to women and not to men is, thereforee, wholly devoid of .....

Deoki PanjhiyarA. Vs. Shashi Bhushan Narayan Azad and anr.

Court : Supreme Court of India

..... appellant, who was married to the respondent in the year 2006, had filed a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act) seeking certain reliefs including damages and maintenance. ..... the different clauses of the bill were considered by a parliamentary standing committee and recommendations were made that having regard to the object sought to be achieved by the proposed legislation, namely, to protect women from domestic violence and exploitation, clause (2)(i) defining "relative" may be suitably amended to include women who have been living in relationship akin to marriages as well as in marriages considered invalid by law. ..... it has been pointed out that while rendering its opinion in the aforesaid case this court had no occasion to take into account the deliberations of the parliamentary standing committee on the different clauses of protection of women from domestic violence bill, 2002. ..... protection from domestic violence bill, 2002 an "aggrieved person" and "relative" was, initially, defined in the following terms :" ..... counsel by referring to the definition of "aggrieved person" and "domestic relationship" as appearing in the dv act, 2005 has urged that the legislative intent to include women, living in marriages subsequently found to be illegal or even in relationships resembling a marriage, within the protective umbrella of the dv act is absolutely clear and the same must be given its full effect .....

Nayanakumar Vs. the State of Karnataka and anr.

Court : Karnataka

Reported in : ILR2009KAR4295

..... long deliberation, in bringing the parties to arrive at a compromise, the district legal services authority thought it fit to refer the matter back to the jurisdictional magistrate for doing the needful in accordance with the protection of women from domestic violence act, 2005 (for short act 2005). ..... contents of the petition, it is better to refer the matter to the jurisdiction magistrate to take further information from the petitioner/gouri and to do needful in accordance with protection of women from domestic violence act 2005.sd/- 28.3.2008conciliatorssd/-s.s. ..... -section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:xxxxx(3) xxxxx(4) xxxxx(5)xxxxx11. ..... reference was also made to the definition of the domestic incident report as found in section 2(e) of the act, 2005 and also rule 5 of the rules framed under the act to submit that the domestic incident report shall have to be in form ..... aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act.provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider .....

V.D.Bhanot Vs. Savita Bhanot

Court : Supreme Court of India

..... thereafter, 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", seeking various reliefs. ..... examining the statement of objects and reasons for the enactment of the pwd act, 2005, the learned judge held that it was with the view of protecting the rights of women under articles 14, 15 and 21 of the constitution that the parliament enacted the pwd act, 2005, in order to provide for some effective protection of rights guaranteed under the constitution to women, who are victims of any kind of violence occurring within the family and matters connected therewith and incidental thereto, and ..... in our view, the situation comes squarely within the ambit of section 3 of the pwd act, 2005, which defines "domestic violence" in wide terms, and, accordingly, no interference is called for with the impugned order of the high court. ..... the learned judge accordingly held that a petition under the provisions of the pwd act, 2005, is maintainable even if the acts of domestic violence had been committed prior to the coming into force of the said act, notwithstanding the fact that in the past she had lived together with her husband in a shared household, but was no more living with him, at the time when the act came into force. .....

Yusuf Allabuksh. Vs. Julakia Bee

Court : Chennai

..... the learned counsel would further contend that as per section 27 of the protection of women from domestic violence act, 2005 the learned judicial magistrate, kallakurichi has got territorial jurisdiction to entertain the complaint.6. ..... the first respondent has filed the said petition under the provisions of the protection of women from domestic violence act, 2005, seeking maintenance, share in the household and other reliefs as provided in section 18 of the said act. ..... thus, it is obvious that the main purpose for which the act has been brought into force is only to protect the rights of women and to protect the victims of domestic violence. ..... it is evident that the purpose of the act is to provide for more effective protection of the rights of the women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. ..... this clearly brings to light the intention of the legislature to be liberal and considerate only towards the victims of domestic violence. ..... in the said judgment, the hon'ble supreme court had to consider sub-section 2 to section 11 of the consumer protection act which reads as follows:"11(2) a complaint shall be instituted in a district forum, within the local limits of whose jurisdiction,-(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the .....

S.R. Batra and anr. Vs. Smt. Taruna Batra

Court : Supreme Court of India

Reported in : 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; (2007)3SCC169; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92

..... above, we are of the opinion that the house in question cannot be said to be a 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act').section 2(s) states:shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either ..... learned counsel for the respondent then relied upon the protection of women from domestic violence act, 2005. ..... 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order-(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which .....

Suresh Khullar Vs. Sh. Vijay Kumar Khullar

Court : Delhi

Reported in : AIR2008Delhi1; 148(2008)DLT685; 2007(97)DRJ668

..... can also take some support from the provisions of the protection of women from domestic violence act, 2005 and particularly, section 2(a) as well as sections 18, 20 and 26 of the said act, which are to the following ..... or singly by the respondent including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate;(f) causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection order.20. ..... , after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favor of the aggrieved person and prohibit the respondent from-(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or ..... 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 person; and(d) the maintenance for the aggrieved person as well as her children, .....