Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 chapter iv procedure for obtaining orders of reliefs Page 1 of about 149 results (0.220 seconds)

Vijayalekshmi Amma Vs. Bindu

Court : Kerala

Reported in : 2010(1)KLT79

..... , but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge.the question whether the extraordinary inherent powers under section 482 of code of criminal procedure is to be exercised by the court to quash a proceeding initiated under the protection of women from domestic violence act, 2005 is to be considered in the background of the settled legal position. ..... chapter iv provides the procedure for obtaining orders of reliefs under the act ..... (2), the reliefs sought for under sub-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 ..... addition to other reliefs as may be granted, magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries including mental torture and emotional distress caused by the respondent, by acts of domestic violence. ..... that notwithstanding anything contained in any other law for the time being in force, magistrate may, at any stage of hearing of the application for protection order or for any other relief under the act, grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, the arrangements for visit of such child or children by the .....

Gaddameedi Nagam Vs. The State of Telangana, Rep., by Public

Court : Andhra Pradesh

..... ) nos.22371, 22956, 23270, 23432 and23568of2015common order: all these five matters listed for hearing on the office note for orders as to maintainability of quash petition under section 482 cr.p.c in an application filed under the protection of women from domestic violence act, 2005 (for short the act) that was taken cognizance to the file and numbered and the learned magistrate issued summons consequently, by impugning the same. ..... by rules made under this act; as per section 2(q) of the act, respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act: provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner; the reliefs and procedure for obtaining orders or reliefs provided in chapter-iv of the act, of which sections 12 to 29 are ..... it is to say sections 126 to 128 procedure also equally apply to domestic violence act reliefs if there is no special provision or special procedure or specific rule made there under. .....

Sri Ramachandrachar Vs. Smt. Devakumari

Court : Karnataka

..... the protection of women from domestic violence act, 2005, is enacted to provide for an effective protection of the rights of women guaranteed under the constitution of india who are victims of domestic violence and other matters incidental thereto. ..... in the judgment of the first appellate court so as to invoke the revisional jurisdiction vested in this court under section 397, cr.p.c.?.2) whether a married lady who is neglected by her husband even before the coming into force fo the protection of women from domestic violence act, 2005, is entitled to seek maintenance under the provisions of the protection of women from domestic violence act?.3) whether the quantum of maintenance awarded by the first appellate court requires any interference and if so, to what extent?. ..... petition had been filed under sections 9(b) and 37(2)(c) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the d.v.act, for brevity). ..... the relevant discussion is found in 29 paragraph 12 of the judgment and the same is reproduced below: the protection of women of from domestic violence act came into force on 26.10.2006 vide so1776e) dated 17.10.2006. ..... section 12 of the d.v.act speaks about the procedure for obtaining orders and reliefs under the d.v.act. ..... to the aggrieved person can come within the definition of domestic violence explained in chapter ii of the act. .....

Ramachandrachar Vs. Devakumari

Court : Karnataka

..... married lady who is neglected by her husband even before the coming into force for the protection of women from domestic violence act, 2005, is entitled to seek maintenance under the provisions of the protection of women from domestic violence act? ..... the protection of women from domestic violence act, 2005, is enacted to provide for an effective protection of the rights of women guaranteed under the constitution of india who are victims of domestic violence and other ..... under sections 9(b) and 37(2)(c) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the d.v. ..... found in paragraph 12 of the judgment and the same is reproduced below: the protection of women of from domestic violence act came into force on 26.10.2006 vide so 1776(e) dated 17.10.2006. ..... act speaks about the procedure for obtaining orders and reliefs ..... definition of domestic violence: explanation i: for the purposes of this section (i) (ii) (iii) (iv) economic abuseincludes- a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court of otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of ..... person can come within the definition of domestic violenceexplained in chapter ii of the act. .....

Cr.Misc. M 13479 of 2013 Vs. Unknown

Court : Punjab and Haryana

..... petitioner no.1 has obtained a decree of divorce on 16.1.2013 (annexure p-3).i have heard counsel for the petitioners and i am of the opinion that the proceedings of the complaint under the act, are to be treated by the judicial magistrate in accordance with the procedure prescribed in the act and the protection of women from domestic violence rules, 2006 ( for short 'the rules).after having received a notice, the petitioners are required to appear before the magistrate. ..... i have heard counsel for the petitioners and i am of the opinion that as per the procedure prescribed in chapter iv of the act and the rules, the relief which can be sought from the magistrate under the act, could be right to reside in a shared house hold, protection orders u/s 18, residence orders u/s 19, monetary relief u/s 20, custody orders u/s 21 and compensation orders u/s 22 of the act. ..... through the instant petition, the petitioners seek quashing of criminal complaint no.51 dated 30.5.2009 u/s 12 of the protection of women from domestic violence act, 2005 ( for short 'the act').filed by the respondent. .....

Syed Akram Ali Vs. Rubina Begum

Court : Mumbai Aurangabad

..... in the proceedings filed under the provisions of the protection of women from domestic violence act, 2005 (for short "domestic violence act"), direction is given against the present petitioner, husband to return dahej (jahez) articles to the respondent or to pay rs.2,00,000/- in lump sum towards the price of those articles to the present respondent. 3. ..... further, in chapter iv there are provisions made regarding procedure for obtaining reliefs. ..... in the proceedings filed under domestic violence act, many reliefs were claimed but the aforesaid relief is granted by the sessions court in criminal appeal. ..... it was mainly submitted by the learned counsel for the petitioner that it is the contention of the husband that the parties have taken divorce by mutual consent and document of khulanama has been executed and so the proceeding is not tenable under the provisions of domestic violence act. ..... in that matter, protection order was claimed when divorce was given by competent court in favour of the husband and during the relevant period of one year or immediately before filing of the application under this act, there was no conjugal relationship. ..... the petition is filed to challenge the judgment and order passed in criminal appeal no.73 of 2012, which was pending in the court of 3rd additional sessions judge, aurangabad. ..... as the order of return of these ornaments was made on 1st march, 2014, it can be said that the value of the ornaments was required to be ascertained as on 1st march, 2014. .....

N. Shashikumar and Another Vs. S. Leelavathi @ S. Pramila

Court : Karnataka

..... 210/2012, against the petitioners herein, in the court of the metropolitan magistrate, bengaluru, under s.12 of the protection of women from domestic violence act, 2005 (for short, 'the act'), for grant of relief under ss.18, 20 and 22 and the learned magistrate, by an order dated 10.10.2012 having taken cognizance and ordered notice, this petition was filed to quash the proceedings of the said case. 2. ..... chapter iv of the act deals with "procedure for obtaining orders of reliefs". ..... any relief available under the said provisions can also be sought for in any legal proceeding even before a civil court and family court apart from a criminal court, whether such proceeding was initiated before or after commencement of the act, subject to the condition that, in case, any relief has been obtained by the aggrieved person in any proceedings other than the proceedings under the act, she shall be bound to inform the magistrate of the grant of such relief. 7. in v.d. ..... bhanot (supra), apex court, while considering a complaint by wife alleging domestic violence, long years after marriage, having no children, left alone at her advanced age, without any proper shelter, protection and means of sustenance, has held that the conduct of parties even prior to the coming into force of the act could be taken into consideration while passing an order under ss.18, 19 and 20 thereof. .....

Sri N Shashikumar Vs. Smt S Leelavathi @ S Pramila

Court : Karnataka

..... 210/2012, against the petitioners herein, in the court of the metropolitan magistrate, bengaluru, under s.12 of the protection of women from domestic violence act, 2005 (for short, 'the act'), for grant of relief under ss.18, 20 and 22 and the learned magistrate, by an order dated 10.10.2012 having taken cognizance and ordered notice, this petition was filed to quash the proceedings of the said case.2. ..... chapter iv of the act deals with procedure for obtaining orders of reliefs . ..... any relief available under the said provisions can also be sought for in any legal proceeding even before a civil court and family court apart from a criminal court, whether such proceeding was initiated before or after commencement of the act, subject to the condition that, in case, any relief has been obtained by the aggrieved person in any proceedings other than the proceedings under the act, she shall be bound to inform the magistrate of the grant of such relief.7. in v.d. ..... bhanot (supra), apex court, while considering a complaint by wife alleging domestic violence, 7 long years after marriage, having no children, left alone at her advanced age, without any proper shelter, protection and means of sustenance, has held that the conduct of parties even prior to the coming into force of the act could be taken into consideration while passing an order under ss.18, 19 and 20 thereof. .....

Present: Mr. Rakesh Nehra Advocate Vs. State of Haryana and Another

Court : Punjab and Haryana

..... application under section 12 of the prevention of women from domestic violence act, 2005 (for short the act . ..... section 12 under chapter iv of the act deals with application to magistrate seeking one or more reliefs under the act, that is to say: (i) right to reside in a shared household (section 17) (ii) protection order (section 18) (iii) residence orders (section 19) (iv) monetary reliefs (section 20) (v) custody orders (section 21) (vi) compensation orders (section 22) (vii) power to grant interim and ex parte orders (section 23) section 28 of the act deals with procedure and a relevant ..... chapter iv of the act provides for obtaining orders/reliefs ..... nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under ..... the code of criminal procedure (for short the code . ..... it is argued that the respondent left the matrimonial home in the year 2007 and lodged proceedings under section 12 of the act in the year 2012 with an intent to wreak vengeance and cause harassment to the petitioners and others.respondent no.2 is working as a teacher and has sufficient means ..... counsel for the petitioners is fair enough to concede that in proceedings under section 12 of the act for claiming any of the aforesaid reliefs, the presence of the respondent(s) therein cannot be procured by coercive means i.e.warrants (bailable or non-bailable).it is also not denied that personal appearance of the respondent(s) is not required during .....

Satish Chander Ahuja Vs. Sneha Ahuja

Court : Supreme Court of India

..... the mention of the divorce petition filed by raveen was made in the plaint and it was pleaded that the defendant as a counter blast has filed the complaint case under the protection of women from domestic violence act, 2005 in which interim order directing the plaintiff not to alienate and not to dispossess the defendant without order of the competent court has been passed. 67. ..... although, chapter iv of the act containing section 12 to section 29 contains the procedure for obtaining orders of reliefs by making application before the magistrate whereas steps taken by the magistrate and different categories of reliefs could be granted as noted in sections 18 to 22 and certain other provisions. ..... section 12 occurring in chapter iv procedure for obtaining orders of reliefs deals with details of application to magistrate. ..... the act, 2005, is an special act which provides for manner and procedure for obtaining relief by an aggrieved person. ..... 107 the act and the rules thus provide for a procedure and manner of filing an application for obtaining a relief under act, 2005. .....