Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 chapter iv procedure for obtaining orders of reliefs Page 2 of about 149 results (0.187 seconds)

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. .....

V. Vinod Kumar Vs. V. Arunadevi

Court : Chennai

..... crl.r.c.no.43 of 2015, is against the order, dated 02.12.2014, c.m.p.no.2717 of 2014 in d.v.no.7 of 2014, on the file of the learned judicial magistrate, ambattur, by which, the petition filed by mr.v.vinod kumar, husband/father of the minor child, sanjana and his mother, mrs.shanthi, under section 15 of the protection of women from domestic violence act, 2005, to provide assistance of medical and welfare experts to the wife/mother and to evaluate/assess her mental ability and attitude to contest the proceedings before the learned judicial magistrate ..... 133. in chapter iv of the domestic violence act, the procedure for obtaining orders/reliefs, is set ..... the protection of women from domestic violence act, 2005, 2005 (act 43 of 2005), is enacted to provide for more effective protection of the rights of 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. 55. ..... . interlocutory application has been filed by the father, for protection order that the mother should not forcibly take the child from him ..... . taking the law from the rights regime to the responsibilities regime, the hague conference concluded a convention in 1996 known as "convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility for the protection of children" .....

Smt. N. S. Leelavathi Vs. Smt. Dr. R. Shilpa Brunda

Court : Karnataka

..... apart from the 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). ..... chapter iv of the dv act deals with the procedure for obtaining orders of reliefs. ..... on perusal of the said definition it makes it clear that only woman in a domestic relationship either in the past or at present with the respondent, who has been subjected to domestic violence by the respondent can seek the reliefs provided under chapter iv of the dv act.12. ..... section 12 provides for presenting an application to the magistrate by an aggrieved person or by a protection officer or any other person on behalf of the aggrieved person seeking one or more reliefs provided under the act as per sections 17 to 22 of the dv act. ..... the mmtc-iv, bengaluru judge, bengaluru this criminal revision petition having been heard and reserved on 02.12.2019 coming on for pronouncement of orders this day the court made the following:-"order this petition has been filed by petitioners no.1 and 2 challenging the order passed by lx additional city civil and sessions judge, bengaluru, in criminal appeal no.615/2019 dated 19.8.2019 whereunder the order dated 7.3.2019 passed by iv metropolitan magistrate traffic court, bengaluru in crl.misc. .....

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. .....

Abhijit Bhikaseth Auti Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2009CriLJ889

..... following questions arise for consideration in this petition:(i) whether an order passed on an application made under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the said act') is appealable under section 23 of the said act? ..... the protection of women from domestic violence rules, 2006 (hereinafter referred to as the said rules) have been framed under the said act. ..... can be granted on an application under section 12 the said act can be broadly classified as under:(i) protection orders under section 18 which are for preventing the respondent from committing an act of domestic violence;(ii) residence orders under section 19;(iii) monetary relief under section 20 which includes maintenance, loss of earnings, medical expenses and loss caused due to destruction, damage or removal of any property from the control of the aggrieved person;(iv) custody orders under section 21 dealing with temporary custody of any child or children to the aggrieved person ..... affidavit for obtaining ex parte orders of magistrate: every affidavit for obtaining ex parte order under sub-section (2) of section 23 shall be filed in form iii.9. ..... the procedure contemplated by chapter ix of the said code which deals with applications under section 125 is a summary procedure as indicated by sub-section (2) of section 126 of the said code. .....

Ajay Kant and ors. Vs. Smt. Alka Sharma

Court : Madhya Pradesh

Reported in : 2008CriLJ264; I(2008)DMC1; 2007(4)MPHT62; 2007(4)MPLJ193

..... whereby the learned magistrate had issued notice to the petitioners on an application filed by the respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act').2. ..... provided in section 31 of the act, a complaint can be filed against a person who has not complied with a protection order or interim protection order.thus, it is clear by the definition of respondent that for obtaining any relief under this act an application can be filed or a proceeding can be initiated against only adult male person and on such application or under such proceeding, aforementioned protection order can be passed. ..... -sections (3) and (4) of section 19, it is also provided that a magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence and such order shall be deemed to be an order under chapter viii of the code of criminal procedure, 1973 and shall be dealt with accordingly. ..... this action of the learned magistrate cannot be a ground for quashing the proceedings because as provided by sub-section (2) of section 28 of the act, the court/learned magistrate is not prevented from laying down its own procedure for disposal of an application under section 12 of the act. ..... part of section 19 with regard to direction of execution of a bond and dealing the same as provided under chapter viii of the cr.pc, all the reliefs under sections 18 to 22 appear to be of civil nature. .....

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. .....

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. .....

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. .....