Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 chapter i preliminary Page 1 of about 127 results (0.134 seconds)

Minoti Subhash Anand Vs. Subhash Manoharlal Anand

Court : Mumbai

..... counsel appearing for the respondent raises preliminary objection about maintainability of this petition on the civil side of this court on the ground that section 24 of the code of civil procedure, 1908 cannot be attracted to the facts of this case in view of the fact that the learned metropolitan magistrate, 40th court before whom the applicant has filed proceedings under the provisions of 'protection of women from domestic violence act, 2005' (hereinafter referred to as the domestic violence act) is not subordinate to the high ..... order for transfer of the proceedings pending before the learned metropolitan magistrate to the family court by exercising powers under section 24 of the code of civil procedure which are to be read with rule 6 of chapter i of the bombay high court appellate side rules, 1960 or that such order can be passed only in a writ petition. 18. ..... be that as it may, even if there is any inconsistency between section 24 of the code of civil procedure, 1908 and rule 6 of chapter i of the bombay high court appellate side rules, 1960, in my view the rules of the bombay high court appellate side rules, 1960 would prevail over the provisions of code of civil ..... a conjoint reading of section 24 of the code of civil procedure, 1908 and rule 6 of chapter i of the bombay high court appellate side rules, 1960 clearly indicates that an application for transfer of suits, appeals, criminal cases or other proceedings pending for trial or disposal in any civil court or criminal .....

k.c. Vijayakumara Vs. Smt. S. Geetha

Court : Karnataka

..... the respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (in 4 short act 2005) before the court of the addl. ..... cmm traffic court at bengaluru has jurisdiction to try and to decide the application filed by the respondent herein under section 12 of the protection of women from domestic violence act, 2005.12. ..... the protection of women from the domestic violence act, 2005 is a special act providing more effective protection of the rights of women, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. ..... order passed by the learned magistrate reads as under ; the honble chief metropolitan magistrate, bengaluru by special notification dated 03.06.2015, allotted jurisdiction to all metropolitan traffic courts as per the annexure of the said notification and from then, the petitions were directed to be filed 14 before the mmtcs, prior to this notification, it is the cmm court which used to allot the petition under the protection of women from the domestic violence act, 2005 to the mmtcs. ..... a memo was filed by the petitioners herein to treat, jurisdiction to prosecute the case, as preliminary issue. ..... the trial court has failed to follow the procedure prescribed in chapter xiii of cr.pc. .....

S. Vanitha Vs. The Deputy Commissioner

Court : Supreme Court of India

..... appellant submitted that: (i) the appellant is residing in her matrimonial home as the lawfully wedded spouse of the fourth respondent and she cannot be evicted from her shared household, in view of the protection offered by section 17 of the protection of women from domestic violence act 200511; 11 pwdv act 2005 8 part b (ii) the proceeding under sections 3 and 4 of the senior citizens act 2007 was filed by her mother-in-law and father-in-law in connivance with her estranged spouse to deprive her of her matrimonial home; (iii) the ..... issue of jurisdiction, mr mahale submitted that (i) the tribunal constituted under the senior citizens act 2007 has the jurisdiction to pass appropriate orders for protecting the life and property of parents and senior citizens, including orders of eviction; (ii) the intent and object of the act is to provide for an inexpensive and speedy relief to parents and senior citizens; (iii) while chapter ii entitles parents and senior citizens to apply for orders to provide monetary relief for ..... in dealing with the preliminary objection as regards the jurisdiction of the assistant commissioner to direct eviction, the division bench merely observed that it was not in agreement with the submission that the assistant commissioner was powerless to pass an order directing .....

Abasaheb Yadav Honmane and Ashwini Abasaheb Honmane Vs. the State of M ...

Court : Mumbai

Reported in : 2008(2)MhLj856

..... the protection of women from domestic violence act, 2005, thus was introduced to provide greater safeguard and protection to the women, by providing a chance for resettlement of matrimonial home and relationship prior ..... 498a which are intended to protect women should not be used to ..... report also referred to article of i.h, jacob [ the inherent jurisdiction of the court (1970) 23 clp 23 in the following words:the source of the inherent jurisdiction of the court is derived from its nature as a court of law, so that the limits of such jurisdiction are not easy to define, and indeed appear to elude definition.jacob states that the courts power to control ..... at common law, and under the typical compounding statute: (1) the agreement not to prosecute;(2) knowledge of the actual commission of a crime; and(3) the receipt of some consideration.as is apparent from the above language, compounding is primarily an agreement between the parties, which in accordance with the language of section 320 of the code, would have the effect of settling a dispute wherever necessary ..... stating that the object of introducing chapter xx-a in ipc is to prevent torture to a woman by her husband or by relatives of her husband, also spelled out the need for caution by adding that a hyper-technical view would be counterproductive and would act against the interests of the women and against the object for which ..... appear in a particular case and would justify quashing of the proceedings may be at the preliminary stage. .....

Nidhi Kumar Gandhi Vs. the State and ors.

Court : Delhi

Reported in : 157(2009)DLT472

..... leading to the filing of the present appeal are that the petitioner on 5th october 2007 filed an application in the court of the learned additional chief metropolitan magistrate (acmm') under section 12 of the protection of women from domestic violence act, 2005 ('act'). ..... it cannot be used as a kitchen, the petitioner appearing in person states that she will use it for the said purpose to the extent that she can as long as her right to a separate entrance from the ground floor and duplicate keys to the main entrance and main door are provided to her. ..... the respondents on the other hand raises a preliminary objection to the maintainability of this petition. ..... the petitioner stated in the said application that she had been forcibly thrown out from her matrimonial home at c-36, pushpanjali enclave, pitampura, delhi-110034 along with her minor ..... the learned asj further observed that no procedure has been prescribed in terms of section 28(2) of the act and therefore devising its own procedure the learned asj directed restoration of the status quo ante as on 20th december ..... 3scc169 it was contended by them that the expression 'shared household' occurring in section 2(s) of the act did not include the present premises since it was owned exclusively by the father. ..... it is indeed inconceivable how at an interlocutory stage where, given the purposes of the act, the question before the learned mm is of giving urgent relief, a final determination can ..... from a reading of the chapter iv of the act .....

Anilkumar and ors. Vs. Sindhu and ors.

Court : Kerala

Reported in : 2009CriLJ3530; 2009(2)KLJ152

..... 2066 of 2008 was an application filed by one sindhu, the first respondent herein under section 12 of the protection of women from domestic violence act, 2005 (herein under referred to as 'the act') claiming relief's under sections 18, 19, 20, 22 and 23 of the act. ..... whether the chief judicial magistrate's court be said to be a judicial magistrate of the first class within the meaning of section 27 of the protection of women from domestic violence act, 2005?ii. ..... first class, or as the case may be, the metropolitan magistrate, exercising jurisdiction under the code of criminal procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place.the word 'magistrate' occurring in section 27 of the act will have to be thus read and understood in the light of the definition of the word 'magistrate' contained in clause (i) of section 2 of the ..... 206 of 2008 on the file of the chief judicial magistrate's court, thiruvananthapuram, challenge the orders passed concurrently by the courts below overruling the petitioner's preliminary objection regarding the territorial jurisdiction of the chief judicial magistrate to try (decide) the case. ..... in other words, chapter xiii cr.p.c. ..... for the purpose of enquiry or trial he has to follow the rules under chapter xiii cr.p.c. .....

Ambreen Akhoon Vs. Shri Aditya Aurn Paudwal and Another

Court : Mumbai

..... the petition before the family court was filed for divorce under the special marriage act, 1954 r/w protection of women from domestic violence act, 2005 (for the sake of brevity, hereinafter referred to as 'd.v. ..... though jurisdiction of the family court is restricted to the parties to a marriage, under subsection (2) of section 7, the jurisdiction of the family court is widened as the cases under chapter ix of criminal procedure code are also made triable before the family court; so also, under section 2(b), 'such other jurisdiction is conferred on it by any other enactment'. ..... the learned judge of the family court heard the matter and passed a reasoned order by which application under section 9a with order 1 rule 10 of the civil procedure code was allowed and inter alia the preliminary issue is framed as to whether the petitioner has proved that respondent no.2 is a necessary party to the proceedings ?? 4. ..... in the present matter, it is to be noted that a preliminary issue whether the respondent no.2 is a necessary party is based on and decided as per the facts and merit of that particular case independently ..... the learned judge of the family court in para 17 of his order has rightly observed on the basis of the documents and the witnesses filed by both the parties the preliminary issue can be answered. ..... a preliminary issue framed by the family court that whether respondent no.2 is a necessary party can be answered by the family court depending on evidence led by the parties leading .....

Shumita Didi Sandhu Vs Sanjay Singh Sandhu and ors.

Court : Delhi

..... according to mr sharma, the protection of women from domestic violence act, 2005, would come into play only when domestic violence takes place. ..... learned single judge in so holding had virtually dismissed the suit itself without recording any satisfaction on the facts, it would be necessary for us to consider the decisions cited at the bar as also the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said ..... mittal & others: (2008) 106 drj 623 by way of persuasive value to submit that under the protection of women from domestic violence act, 2005, there is no concept of matrimonial home. ..... , jointly by the aggrieved person and the respondent 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 dependants, 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.19. ..... (4) an order under sub-section (3) shall be deemed to be an order under chapter viii of the code of criminal procedure, 1973 (2 of 1974) and shall be dealt with ..... "the defendant no.3, in paragraph 11 (preliminary objections) of her written statement, has categorically stated that the suit property is the self acquired property of the defendant no.3 and no person except the defendant no.3 has any right, title or interest in the suit .....

Prakash @ Jaywant Vasudeo Wankhede Vs. The State of Maharashtra

Court : Mumbai Aurangabad

..... proceeding filed by sonali , so also, the proceeding under protection of women from domestic violence act, 2005. ..... minor victim pw 10 came to be recorded after examining her competency to testify in terms of provisions of section 118 of the indian evidence act by putting her some preliminary questions in order to understand whether she is in a position to give rational answers to those questions because of her tender age. ..... of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white-collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest. 31. ..... appellate court may take further evidence or direct it to be taken: (1) in dealing with any appeal under this chapter, the appellate court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a magistrate, or when the appellate court is a high court, by a court of ..... shri dhorde, learned senior counsel appearing for the applicant/accused, after pointing out the relevant dates coming on record from the evidence of informant pw-7 manoj deore, contended that the minor victim girl was having tons of opportunity to disclose the incident to ..... under this section shall be subject to the provisions of chapter xxiii, as if it were an inquiry. 9. .....

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

..... the only legislations which come to one s mind which in fact created social status or facilitated the status of individuals in private fields are the special marriage act, 1954, the protection of women from domestic violence act, 2005 ( dv act ), and section 41 of the juvenile justice (care and protection of children) act (which enables adoption amongst members of all faiths and (a) any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas or sikhs by religion (b) any child, legitimate or illegitimate, one of whose parents is a hindu ..... , whether before or after the commencement of this act, other than a marriage solemnized under the special marriage act, 1872 (3 of 1872), or under this act, may be registered under this chapter by a marriage officer in the territories to which this act extends if the following conditions are fulfilled, namely: (e) the parties are not within the degrees of prohibited relationship: provided that in the case of a marriage celebrated before the commencement of this act, this condition shall be subject to any law ..... before registering an fir against a queer couple or one of the parties in a queer relationship (where the fir is sought to be registered in relation to their relationship), they shall conduct a preliminary investigation in terms of lalita kumari v. ..... before proceeding further, a preliminary point must be made. ..... similarly, the sections addressing the union government s preliminary objections i.e. .....