Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Court: rajasthan Page 1 of about 4 results (0.115 seconds)

Dr. Rajneesh Rajpurohit Vs. Savita and anr.

Court : Rajasthan

Reported in : AIR2008Raj119

..... spite of making laws for women's empowerment, by making laws, the law of maintenance for women is not only as it was but some more rights have been given to the women under the protection of women from domestic violence act, 2005. ..... on 9-1-2006, stating therein that section 6 of the hindu succession act, 1956 has been amended with effect from 9-9-2005 and by said amendment, a daughter also has become coparcener and, therefore, became entitled to share in the ancestral property equal to son and section 25 of the hindu marriage act provides that before granting maintenance under section 25, the court should look into 'other property of the applicant' and 'conduct of parties as well as other circumstance of the ..... if for sake of argument, may not be binding in the proceedings under section 25 of the hindu marriage act even then certainly is a relevant fact and, therefore, in view of the totality of the facts of the case, this court finds it appropriate to allow the revision petition of the petitioner on the basis of the subsequent event of non-petitioner's joining service and her getting more amount than what she claimed in the maintenance petition for her maintenance ..... not deny that she has been given appointment in the state government services having security and she is appointed on emoluments of more than rs. ..... case, the non-petitioner did not choose to controvert the fact that she has been given appointment in the government service as of teacher with total salary of more than rs. .....

Gordhan Khinchi. Vs. State of Rajasthan.

Court : Rajasthan Jaipur

..... contention of learned counsel for petitioner is that there was a matrimonial dispute between petitioner and deceased for offence under section 12 of the protection of women from domestic violence act, 2005, which was filed at the instance of deceased. 2. ..... , in fir no.45/2011, police station galta gate, jaipur, under section 306 ipc, provided he furnishes a personal bond in the sum of rs.50,000/- with two sureties of rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called upon to do so.5. ..... that accused-petitioner, namely, gordhan khinchi son of shanti lal, resident of house no.a-214, mandi khatikan, near delhi bypass, ramganj, police station ramganj, jaipur (presently confined in central jail, jaipur) be released on bail under section 439 cr.p.c. ..... it was clearly stated by her brother ashok, father hajari lal and mother kamla devi in their statements recorded under section 174 cr.p.c. .....

Ramniwas Vs. Smt. Seema

Court : Rajasthan

..... seema filed an application in the trial court under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') along with an application for interim maintenance under section 23(2) of the act. ..... assigned by the courts below for awarding interim maintenance in favour of respondent and after considering the same, i find that both the courts below have assigned cogent reasons for allowing the application under section 23(2) of the act. .....

Dhanraj Vs. Smt.Kavita

Court : Rajasthan

..... submission of learned counsel for petitioner is that respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (for short act of 2005), which was dismissed by judicial magistrate, ramgunjmandi, kota vide its order dated 15th december, 2007, therefore, respondent was not entitled for any maintenance ..... it is submitted that maintenance could have been granted under section 12 of the act of 2005 also, but since her application was dismissed, therefore, court below committed an illegality in allowing the application under section 125 crpc. 4. ..... the course of arguments, learned counsel for petitioner admits that both the proceedings are separate proceedings, separate evidence was recorded in both the cases, no amount of maintenance was awarded under section 12 of the act of 2005. 5. ..... case no.650/2005, whereby an application filed by respondent/ wife under section 125 crpc for grant of maintenance was allowed and non-applicant/petitioner/husband was directed to pay a sum of rs.1500/- per month towards maintenance to wife with effect from 1st march, 2008. ..... both the proceedings are separate and separate evidence was recorded in both the cases, therefore, even if, application under section 12 of the act was dismissed, the same cannot be a ground to reject the application under section 125 crpc. 6. ..... from the order dated 15th december, 2007, it is clear that a reference was given of present application under section 125 crpc for grant of .....

Sarita (Smt.) Vs. Smt. Umrao

Court : Rajasthan

Reported in : 2008(1)WLN359

..... magistrate as well as the appellate court held that as per provisions of section 2(q) of the protection of women from domestic violence act, 2005, only a male person could be treated as respondent, thus smt. ..... withdrew proceedings against the respondents under the protection of women from domestic violence act, 2005 by not treating them as 'respondents' being women. ..... the contention of counsel for the petitioner, while giving challenge to the orders impugned, is that the courts below while withdrawing proceedings against the respondents failed to appreciate that proviso to section 2(q) of the act of 2005 in most unambiguous term prescribes 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 and in the instant matter ..... respondent' as defined under section 2(q) of the act of 2005 reads as follows:'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. ..... from a plain reading of the proviso to section 2(q) of the act of 2005, it is apparent that a complaint by a wife or a female living in relationship in the nature of marriage may also file a complaint against a relative of ..... 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 .....

Vijay Singh and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2009(2)WLN160

..... it is contended by learned counsel for the petitioners that firstly as per section 2 (q) of the protection of women from domestic violence act, 2005 (for short 'the act of 2005 hereinafter), the female petitioners cannot be made respondent in a proceeding initiated by respondent no ..... 5 ratan kanwar are concerned, they being female members, therefore, keeping in view the definition of respondent in section 2 (q) of the act of 2005, the proceeding against them may be quashed, but so far as the petitioners no. ..... the expression 'respondent' has been defined in section 2 (q) of the act of 2005 which provides that the 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.5 ..... 2 under the act of 2005 at bheem is not maintainable.4 ..... priyanka kanwar under the provisions of the act of 2005 is quashed. ..... be, within the local limits of which-(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or(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. ..... kanwar under the act of 2005. .....

Nishi Gupta (Dr.) Vs. Dr. Rahul Gupta

Court : Rajasthan

Reported in : RLW2009(2)Raj1091

..... rahul gupta filed an application before trial court under the provisions of protection of women from domestic violence act, 2005 (for short 'the act of 2005') for handing over custody of his son anmol gupta on each and every sunday from 8:00 am to 8:00 pm so that he along-with his parents can give love and affection to ..... the act of 2005 also provides the definition of 'respondent' which is reproduced as under:2(q) '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 ..... 'aggrieved person' are defined in section 2(ka) of the act of 2005, which run as under:2 (ka) 'aggrieved person' means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.6. ..... under the act of 2005, which is affirmed in question asked for from mr. ..... appearing for the petitioner submit that judgment passed by appellate court dated 3.6.2008.is illegal, erroneous and against the act of 2005 and cannot be sustained in the eye of law. ..... petitioner has filed instant revision petition under section 397 read with 401 cr.p.c. ..... submits that appellate court has not complied with the provisions of section 385(2) cr.p.c. .....

Smt.Sabana @ Chand Bai and anr Vs. Mohd.Talib Ali and anr

Court : Rajasthan Jodhpur

..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected.18. ..... s.d.purohit, learned counsel submitted that under the provisions of the act, the violation of the protection order passed in favour of the aggrieved person is made punishable under section 31 of the act and it does not provide for penal consequences for the act of domestic violence as such and smt. ..... that a clear distinction has been drawn in the proceedings under section 12 and sub-section (2) of section 23 and the proceedings for offences under section 31 & 33 of the act, obviously, for the reason that the remedy as provided under section 12 for the reliefs to be claimed in terms of section 18 to 23 are not the penal proceedings whereas, the proceedings initiated under section 31 & 33 are penal proceedings inasmuch as, the breach of protection order and failure on the part of protection officer in discharging the duties as directed by the magistrate in the .....

Payal Sancheti (Smt.) and anr. Vs. Harshvardhan Sancheti

Court : Rajasthan

Reported in : RLW2009(1)Raj431

..... then, reliance was placed on the protection of women from domestic violence act, 2005, which was also considered, and it was held, 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. ..... then, it has also been observed, that from the averments it transpires, that the claim is based on the protection of women from domestic violence act, apart from the fact, that she could take proceedings under section 18 of the hindu adoptions and maintenance act. ..... 7,000/- per month to her, and over and above that also, if she wants, the husband is prepared to provide appropriate residence, commensurate to her status, and the status of the parties. ..... on service, the defendant filed an application, alleging that in view of the provisions of section 7 of the family court act, the present suit for injunction is not maintainable, and that, the plaintiff, on these very allegations, has already filed application before the judicial magistrate, therefore, she could not prosecute parallel remedies as well. ..... then, provisions of section 17 and 19(1) of the act were considered, and the contentions pressed into service were turned down, and regarding her right tor protection under section 19(1)(f) and 17(1), it was held in paras25 and as under-25. .....

Anwar Vs. Mrs. Shamim Bano and Another

Court : Rajasthan

Reported in : 2012CrLJ2552

..... thereafter the respondents filed application for interim maintenance under section 12 of the protection of women from domestic violence act, 2005 before the court of judicial magistrate no.4 kota. ..... word within would mean on or before, not beyond and, therefore, it was held that the act would mean that on or before the expiration of the iddat period, the husband is bound to make and pay maintenance to the wife and if he fails to do so then the wife is entitled to recover it by filing an application before the magistrate as provided in section 3(3) but nowhere has parliament provided that reasonable and fair provision and maintenance is limited only for the iddat period ..... the view that the word provision in section 3(1)(a) of the act incorporates mata as a right of the divorced muslim woman distinct from and in addition to mahr and maintenance for the iddat period, also enables a reasonable and fair provision and a reasonable and fair provision as provided under section 3(3) of the act would be with reference to the needs of the divorced woman, the means of the husband, and the standard of life the woman enjoyed during the marriage and .....