Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 preamble 1 the protection of women from domestic violence act 2005 Page 1 of about 180 results (0.327 seconds)

M.A. Mony Vs. M.P. Leelamma and anr.

Court : Kerala

Reported in : 2007CriLJ2604; 2007(2)KLJ209

..... the protection of women from domestic violence act, 2005 is a piece of legislation brought in by the parliament as the parliament felt that the civil law does not provide reliefs to a victim woman subjected to domestic violence. ..... while those petitions were pending before the family court, the protection of women from domestic violence act, hereinafter referred to as dva, was enacted by the parliament and rules were framed. ..... deprive the aggrieved person of her right to approach the magistrate with a petition under section 12 of the protection of women from domestic violence act? ..... it is in these circumstances, to provide for a remedy under the civil law for protection of women from being victims of domestic violence, that the dva was brought in by the parliament. ..... - (1) the court of judicial magistrate of the first class or the metropolitan magistrate, as the case may be, within the local limits of which -(a) the person aggrieved permanently or temporarily resides or carries on business or is employed;(b) the respondent resides or carries on business or is employed; or(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. ..... a reading of the introduction, statement of objects and reasons and preamble etc. .....

Mangesh Sawant Vs. Minal Vijay Bhosale and anr.

Court : Mumbai Aurangabad

..... the petitioner states that since shri vijay yashwant bhosale harassed the respondent no.1, the respondent no.1 invoked the provisions of the protection of women from domestic violence act, 2005 by filing criminal case no.18 of 2010 under sections 18, 19, 20, 21 of the protection of women from domestic violence act, 2005 in which the respondent no.1 impleaded the present petitioner in the capacity of friend of husband of the ..... the petitioner is invoking section 482 of the code of criminal procedure, 1973 read with article 227 of the constitution of india praying for quashing the proceedings of the application made by the first respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act ..... the application under section 12(1) is required to be filed in accordance with the format prescribed by rule 6 of the protection of women from domestic violence rules, 2006 (hereinafter referred to as "the ..... the preamble of the act shows that the same has been enacted to provide more effective protection to the rights of women guaranteed under the constitution of india who are victims of violence of any kind occurring within the family and ..... various reliefs which can be granted under the said act are as under : (a) under section 18, protection order can be passed in favour of the aggrieved person; (b) under section 19, residence order can be passed in favour of the aggrieved person; (c) section 20 provides for grant of monitory relief of .....

Hiral P. Harsora and Ors. Vs. Kusum Narottamdas Harsora and Ors.

Court : Supreme Court of India

..... it raises an important question as to the constitutional validity of section 2(q) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the 2005 act ).3. ..... and foremost, she argued that the 2005 act is a piece of social beneficial legislation enacted to protect women from domestic violence of all kinds. ..... it states: preamble an act 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. 16 ..... to her, given the object of the statute, which is discernible clearly from the statement of objects and reasons, the preamble, and various provisions of the 2005 act which she took us through, it is clear that the expression adult male person is a classification not based on any intelligible differentia, and not having any rational relationship with the object sought to be achieved by the act. ..... neither from the preamble of the act nor from the provisions of the act has it been possible for us even to discern any basis for the classification made by s.30(ii) of the act. ..... the preamble also makes it clear that the reach of the act is that violence, whether physical, sexual, verbal, emotional or economic, are all to be redressed by the ..... doing so, this court has to see the statement of objects and reasons, the preamble and the provisions of the 2005 act as a whole. ..... the preamble of the statute is again .....

Krishna Bhatacharjee Vs. Sarathi Choudhury and Anr

Court : Supreme Court of India

..... for getting her stridhan back from her husband, the first respondent herein, before the learned magistrate on the ground that the claim preferred under section 12 of the protection of women from domestic violence act, 2005 (for short, the 2005 act ) was not entertainable as she had ceased to be an aggrieved person under section 2(a) of the 2005 act and further that the claim as put forth was barred by limitation; preferred an appeal before the learned additional sessions judge who concurred with the view expressed by the learned magistrate, and being determined to get her lawful ..... prior to the narration of facts which are essential for adjudication of this appeal, we may state that the 2005 act has been legislated, as its preamble would reflect, to provide for more effective protection of the rights of the 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. .....

Vasant Ganpat Padave(d) by Lrs. Vs. Anant Mahadev Sawant (Dead) Thru ...

Court : Supreme Court of India

..... . in this judgment, this court struck down a portion of section 2(q) of the protection of women from domestic violence act, 2005 ..... . judgment, the words adult male person are contrary to the object of affording protection to women who have suffered from domestic violence of any kind ..... mental or physical disability or a serving member of the armed forces, then subject to the provisions of clause (a), the right to purchase land under section 32 may be exercised, - (i) by the minor within one year, from the date on which he attains majority; (ii) by the successor-in-title of the widow within one year from the date on which her interest in the land ceases to exist; (iii) within one year from the date on which the mental or physical disability of the tenant ceases to exist; (iv) within one year from the date on which the tenant ceases to be a serving member ..... . article 14 of the constitution of india is a facet of equality of status and opportunity spoken of in the preamble to the constitution ..... . they have been quoted above, and nobody who reads to the end of the preamble and there stops, can doubt that the object is to provide a substantial measure substituting english law for natal law in the cases mentioned ..... . the preamble is of great importance in finding out the object .....

Jane Antony and ors. Vs. V.M. Siyath and ors.

Court : Kerala

Reported in : 2009ACJ2272

..... protection of women under domestic violence act, 2005 defines relationship as a relationship between two persons who live or have at any point of time lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together as a joint family. ..... : air 1997 sc 3021, while dealing with writ petition under article 32 of the constitution of india pertaining to the plight of prostitutes/ fallen women and their progeny, spoke about the preamble of the constitution and stated that it is an integral part of the constitution and that pledges to secure socio-economic justice to all its citizens with stated liberties, equality of status and of opportunity, assuring fraternity and dignity of the individual in a united and integrated bharat and illegitimate children too are part ..... more pragmatic approach with a touch of humanity has been depicted in the declaration of the workshop on family laws and human rights of women, lahore on 4.8.1995 and 5.8.1995, in which representatives from bangladesh, india and pakistan participated. ..... on going through the documents and after hearing the parties, we do not find any ground to deviate from the findings of the tribunal that though there was no valid marriage between the deceased and rw 1, they lived together for quite some time and two children were born in that relationship, namely, respondent nos. .....

ChanmuniyA. Vs. Virendra Kumar Singh Kushwaha and anr.

Court : Supreme Court of India

..... 37.we think the larger bench may consider also the provisions of the protection of women from domestic violence act, 2005. ..... having regard to the provisions of domestic violence act, 2005?3. ..... the magistrate, the power to award compensation to the aggrieved person, in addition to other reliefs granted under the act.40.in terms of section 26 of the act, these reliefs mentioned above can be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent.41.most significantly, the act gives a very wide interpretation to the term `domestic relationship' as to take it outside the confines of a marital relationship, and even includes live-in relationships in the nature of marriage within the definition of `domestic relationship' under section 2(f) of the act.42.therefore, women ..... cases where a man and woman have been living together as husband and wife for a reasonably long period of time, and strict proof of marriage should not be a pre-condition for maintenance under section 125 of the cr.p.c, so as to fulfil the true spirit and essence of the beneficial provision of maintenance under section 125.47.we also believe that such an interpretation would be a just application of the principles enshrined in the preamble to our constitution, namely, social justice and upholding .....

Shumita Didi Sandhu Vs Sanjay Singh Sandhu and ors.

Court : Delhi

..... in order to examine the other points urged by the learned counsel for the appellant to the effect that the conclusion of the learned single judge that the appellant / plaintiff could not claim any right in the property of the mother-in-law was erroneous and that the 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 act). ..... according to mr sharma, the protection of women from domestic violence act, 2005, would come into play only when domestic violence takes place. ..... kanta 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. ..... the preamble of that act stated that it was an act to consolidate certain enactments relating to the rights of a husband or wife to occupy a dwelling house that has been a matrimonial home. .....

Varsha Kapoor Vs Uoi and ors.

Court : Delhi

..... the respondent no.4 has instituted proceedings in the court of metropolitan magistrate (mahila court south), new delhi under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act). ..... the argument is premised on the following: (a) the preamble as well as object and reasons of the dv act clearly demonstrates that the dv act is passed to give re dressal to females who suffer domestic violence at the hands of male persons. ..... it is, therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution of india to provide for a remedy under civil law, which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society."8. ..... that domestic violence has taken place, pass a residence order-(a) restraining the respondent from 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 from entering any portion of the shared household in which the aggrieved person resides;(d) restraining the respondent from alienating or disposing off the shared household or encumbering the same;(e) restraining the respondent from renouncing .....

Sunny Vs. State of Kerala

Court : Kerala

..... no.472 of 2013 --------------------------------------------- dated this the 29th day of january, 2013 order the petitioners are accused in crime no.80/2013 of aluva police station, who were alleged to have committed the offences punishable under section 323 and 294(b) of ipc and section 31 of the protection of women from domestic violence act.2. ..... after having heard the learned counsel for the petitioners and the learned public prosecutor and after having perused the records, it seems to be that the claim of the petitioners that they are innocent may not as such be accepted. ..... the petitioners shall surrender before the investigating b.a.no.472/2013 :2: officer on or before 5.2.2013, who after interrogation shall produce them before the judicial first class magistrate's court concerned, which court on application being moved by the petitioners shall release them on bail on each of them executing a bond for rs.10,000/- (rupees ten thousand only) with two solvent sureties each for the like sum each to the satisfaction of the said court. ii. ..... the learned magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. ..... by public prosecutor sri.v.s.sreejith this bail application having come up for admission on 29-01-2013, the court on the same day passed the following: kss p.bhavadasan, j.--------------------------------------------- b.a. .....