Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 chapter v miscellaneous Page 1 of about 101 results (0.121 seconds)

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. ..... 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. ..... before going to that, the chapter-v miscellaneous relating to protection officers.penalty for breach of protection order by respondent and its cognizance defined in section 32 are as follows: chapter-v-section 32: cognizance and proof. ..... 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 ..... miscellaneous petitions pending if any, shall stand closed. .....

Vishal Jindal and Others Vs. Puja Jindal and Another

Court : Chhattisgarh

..... the protection of women from domestic violence act, 2005 has been 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. ..... ), by which, their appeal filed under section 29 of the protection of women from domestic violence act, 2005 (hereinafter called as act of 2005) has been dismissed. 2. ..... chapter ii of the act of 2005 has only one section and that section 3 deals with the definition of the expression domestic violence. ..... chapter iii of the act of 2005 containing sections 4 to 11 deals with the procedure for appointment of protection officers, service providers etc. ..... chapter v of the act of 2005 deals with miscellaneous provisions. 8. ..... in this revision, this court is concerned with chapter iv of the act of 2005. ..... chapter iv of the act of 2005 containing sections 12 to 29 deals with reliefs that can be granted and the orders that can be passed and the procedure to be followed by the magistrate before passing orders granting such relief. ..... chapter i of the act of 2005 containing sections 1 and 2 deals only with the short title, extent, commencement and the definitions. ..... the last section of chapter iv that is section 29 dealing with the provisions relating to appeal. .....

Minoti Subhash Anand Vs. Subhash Manoharlal Anand

Court : Mumbai

..... 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 court. 3. ..... the madras high court in the said judgment has held that under section 26 of the protection of women from domestic violence act, 2005, the family court has ample powers to deal with the proceedings initiated by the wife under the domestic violence act. 11. ..... cannot pass any 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. ..... a perusal of the miscellaneous civil application filed by the applicant clearly indicates that the applicant has not only invoked the provisions under section 24 of the code of civil procedure, 1908 but has also invoked general and inherent ..... miscellaneous civil application is disposed of in the aforesaid terms. .....

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 ..... section 147 by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 (act 55 of 2002). .....

Twinkle Jatin Khanna @ Twinkle Akshay Kumar Vs. Anita Advani

Court : Mumbai

..... dv/25/2012 against the applicant and her family members before the learned metropolitan magistrate under the provisions of the protection of women from domestic violence act 2005. ..... if she had shown as to how she was interested in the miscellaneous application and if such interest was tangible, then even if she was not a party in the strict sense to the miscellaneous application no. ..... at this juncture, however, the main suit itself stands decided and the parties before us did not point out anything about miscellaneous application no. ..... he, therefore, expressed that if the respondent is granted the certified copies, she would jump into the fray in miscellaneous application no. ..... 1 would insist in joining the proceedings which were to follow the miscellaneous application no. ..... only idea of having those copies was to harass and/or to misuse those copies against the appellant and it was only for that reason that the appellant was opposing the grant of certified copies of the miscellaneous application no. ..... though a view was taken by the learned single judge that she was not at all interested and she could not be interested, the division bench has shown as to how she would be interested in the miscellaneous application no. ..... 1 of 2004, the prothonotary and senior master could have, in his discretion, granted the certified copies of the miscellaneous application no. ..... 1 sought for the certified copies, it was not necessary to decide the merits or the demerits of the miscellaneous application no. .....

Sulochana and anr. Vs. Kuttappan and ors.

Court : Kerala

Reported in : 2007CriLJ2057

..... is an appeal maintainable under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') against an interim ex parte order passed under section 23 of the act? ..... chapter 2 has only one section and that (section 3) deals with the definition of the expression 'domestic violence'. ..... chapter 5 deals with miscellaneous provisions.6. ..... therefore it would be incorrect to interpret the expression 'the order' in section 29 based on any theory of possible retardation of progress in the disposal of applications under chapter 4 or on the argument that such right of appeal would be detrimental to the interests of the target group.21. ..... chapter 3 containing sections 4 -11 deals with the procedure be appointment of protection officers, service providers etc. ..... what remains to be considered is the contention that such a wider understanding of the sweep of section 29 would contribute to the delay in the disposal of applications under chapter 4 and may in turn defeat the mandate of expedition in sections 12(4) and 12(5). ..... any and every order under chapter 4 of the act may not fall within the sweep of expression 'the order' in section 29. ..... all orders referred to earlier in chapter 4 of the statute must be held to be fall within the sweep of expression 'the order' as there is no other or better method of understanding the definite article 'the' used immediately before the expression 'order' in section 29 of the act. .....

Mrs. Sabah Adnan Sami Khan Vs. Adnan Sami Khan

Court : Mumbai

Reported in : 2010(112)BomLR1409

..... the appellant-wife for divorce and her miscellaneous application under the provisions of the protection of women from domestic violence act, 2005 (for short, 'the domestic violence act') were tenable before the family court?2 ..... this stage, it is also necessary to refer to the rules of revocable and irrevocable talak and they are in sections 17, 18, 19 and 20 in chapter iii of part-i of a compendium of islamic laws, published by the all india muslim personal law board, dealing with the conditions of effectiveness of talak ..... ) had an occasion to consider the provisions in chapter ii and iii of part-i of a compendium of islamic laws published by the all india muslim personal law board, dealing with the conditions of effectiveness of talak so also chapter xvi in mulla's mahomedan law dealing with the ..... after considering the relevant provisions/sections in mulla's mahomedan law, in chapter iii of part-i of the compendium of islamic laws published by the all india muslim personal law ..... the full bench, after considering section 310, chapter xvi in mulla's mahomedan law in respect of talak in writing, made the following observations:talak in writing is a written mode of talak reduced in a talaknama which may only be the record of the fact of an oral talak ..... fyzee, outlines of muhammadan law, fifth edition in chapter iv dealing with divorce by consent after defining khula and mubara'at so also after narrating the distinguishing factors between the two, the learned author has concluded the .....

Mrs.Sabah Sami Khan. Vs. Adnan Sami Khan.

Court : Mumbai

..... case of domestic violence under section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... while disposing of an application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order-(a) restraining the respondent from 18 wp-6625 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 ..... india, the wife s right to reside in a shared household is under section 17 of the domestic violence and matrimonial proceedings act, 1976, for which orders under section 19 thereof can be passed. ..... for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-(a) harms or injures or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and ..... this act itself falls squarely within the broad and inclusive definition of the domestic violence under section 3(a) and (d) of the ..... in the english translation of the koran part iv the chapter relating to women (nisaaa) verse 177 sub-sections 3 & 24 of section 23 run thus:3. .....

Gaurav Gupta Vs. Radhika Gupta

Court : Mumbai Goa

..... on 14/05/2009, the respondent filed complaint against the petitioner and his parents under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 (domestic violence act, for short), claiming total sum of rs.67,500/- for maintenance of herself and the two minor children. ..... the high court directed that a sum of rs.1,50,000/- should be paid by the respondent-husband to the petitioner-wife, for herself as well as for their minor son from the date of filing of the complaint under section 12 of the domestic violence act, 2005, till the said complaint is again disposed of by the trial court. 25. ..... the petitioner shall pay to the respondent the amount of interim maintenance as directed by the trial court, vide the impugned order, by adjusting the amount of rs.50,000/- per month granted to the respondent under the domestic violence act, which is already paid as from 09/06/2011 and which would be paid, hereinafter. ..... by interim order dated 04/08/2009, passed in the said criminal miscellaneous application no.159/2009, the learned judicial magistrate first class at mapusa, ordered the petitioner to pay to the respondent a sum of rs.50,000/- per month as interim maintenance and to continue to pay the sum of rs.25,000/- per month ..... in chapter 52 of the book, it is mentioned that gkb ophthalmics were regularly making profits and paying dividend every year. .....

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 ..... miscellaneous benefits include other benefits under law which cannot be grouped under the above categories which inter alia includes the recognition of a spouse as a near relative for the purpose of the transplantation of human organs and tissues act 1994139.152. ..... 20003) 119 part d property benefits; (iii) monetary benefits; (iv) evidentiary privilege; (v) civic benefits; and (vi) miscellaneous benefits.150. .....