Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 chapter iv procedure for obtaining orders of reliefs Court: kerala Page 1 of about 3 results (0.116 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 .....

Dr. Preceline George Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT454

..... under clause (c) of sub-rule (2) of rule 12 of the protection of women from domestic violence rules, for serving notice under section 13 of the act, the provisions of order v of code of civil procedure is made applicable. ..... rule 7 deals with affidavit for obtaining ex parte order from the magistrate under section 23(2) of the act. ..... what is the procedure to be adopted by a magistrate while dealing with an application filed under section 12 of the protection of women from domestic violence act, 2005? ..... in addition to the procedure prescribed under the order v or chapter vi, the court may direct any other steps necessary with a view to expediting the proceedings to adhere to the time limit provided in the act.sub-rule (3) provides that on a statement, on the date fixed for appearance of the respondent, or a report of the person authorised to serve the notices under the act, that service has been effected, appropriate orders shall be passed by the court on any pending application for interim relief, after hearing ..... under rule 7, every affidavit for obtaining ex parte order under sub-section (2) of section 23 is also to be filed in form iii. ..... the report submitted by the registrar, based on the reports obtained from the chief judicial magistrates, discloses that there is no uniform practice being followed by the various courts of the state trying applications filed under section 12 of the act. .....

Harshakumar and Another Vs. State of Kerala and Others

Court : Kerala

..... 969 of 2011 petitioners suffered an order under s.12 of the protection of women from domestic violence act (for short, the act). ..... chapter iv of the act deals with the procedure for obtaining reliefs. ..... but sub-section (2) of s.28 states that nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under s.12 or under sub-section (2) of s.23 of the act. ..... is the judgment of court of sessions in an appeal filed under s.29 of the act amenable to the revisional power of the high court under s.397(1) and s.401 of the code of criminal procedure (for short, the code)? ..... the object of conferring revisional power is to give the superior criminal courts supervisory jurisdiction in order to correct miscarriage of justice arising from misconception of law, irregularity of procedure, neglect of proper precautions or apparent harshness of treatment which has resulted on the one hand in some injury in the due maintenance of law and order, or on the other hand in some undeserved hardship to individuals. ..... learned counsel for petitioners contend that proceeding before the magistrate under the provisions of the act except the provisions under s.31 and s.33 of the act which provide for punishment are civil in nature and that the magistrate is to exercise power for providing maintenance, recovery of property, providing residence order and such other reliefs which are in the nature of a civil proceeding. .....

Baiju and Another Vs. Latha and Another

Court : Kerala

..... is the court of magistrate while discharging functions under the protection of women from domestic violence act (for short, "the act") a criminal court inferior to the court of sessions and the high court? ..... chapter iv of the act deals with the procedure for obtaining reliefs. ..... 3648) considered the question whether an order passed by the magistrate under sec.3(1) of the muslim women (protection of rights on divorce) act, 1986 is revisable under sec.397(1) of the code. ..... 182) considered whether an order under sec.3 of the muslim women (protection of rights on divorce) act is revisable under sec.397(1) of the code. ..... the object of conferring revisional power is to give the superior criminal courts supervisory jurisdiction in order to correct miscarriage of justice arising from misconception of law, irregularity of procedure, neglect of proper precautions or apparent harshness of treatment which has resulted on the one hand in some injury in the due maintenance of law and order, or on the other hand in some undeserved hardship to individuals. ..... sec.397(1) of the code empowers the courts specified therein to call for records of the inferior criminal court and examine them for the purpose of satisfying themselves as to whether a sentence, finding or order of such inferior court is legal, correct or proper or whether the proceedings of such inferior court is regular. .....

T.K. Surendran, Mannarkkad Taluk Vs. P. Najima Bindu, Kannur District ...

Court : Kerala

..... of the relevant provisions of the protection of women from domestic violence act, 2005 (for short the dva) makes the ..... thus in paragraph-9: this provision is a measure of social justice and specifically enacted to protect women and children and falls within the constitutional sweep of art.15(3) reinforced by art.39. ..... compassion of the socialist legislature flowing in favour of the deprived section of feminine humanity who are unable to find a saviour to give them comfort, protection and dignity of life consequent to the unfortunate termination of their matrimony and their inability to get settled in their life thereafter by re-marriage. 17 ..... explanation (b) might convey that a woman in order to claim inclusion in the sweep of the expression wife by the deemed definition must necessarily have been divorced or obtained a divorce from her husband and must not have re-married. ..... far in the journey to ascertain whether such a woman in an annulled marriage is entitled to claim maintenance under the secular law (code of criminal procedure) where the accent is to prevent destitution and vagrancy. ..... the change brought about by the dva is that the monetary relief of maintenance can be claimed not only by wives in legal matrimony but also by women related to men through relationships in the nature of marriage also ..... for the purpose of this chapter:-- (a) xxxxx (b) wife includes a woman who has been divorced by or has obtained a divorce from, her husband and has ..... concern under chapter ix of .....