Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 12 application to magistrate Page 5 of about 621 results (0.237 seconds)

Dr.T. Rajasekaran Vs. The Protection Officer, Domestic Violence Act, D ...

Court : Chennai

..... it is admitted by both sides, cc.no.2463 of 2015 is pending on the file of the x metropolitan magistrate, egmore @ allikulam, chennai for the offences under section 9(b) read with 37(2)(e) of the protection of women from domestic violence act, 2005. 3. ..... in the above said circumstances, it is useful to extract section 29 of the protection of women from domestic violence act, 2005 which read as follows :- 29. ..... in view of the above circumstances, if the petitioner is aggrieved by the order passed by the x metropolitan magistrate, egmore @ allikulam, chennai he has to prefer appeal under section 29 of the domestic violence act. ..... but the present revision is preferred by the revision petitioner without invoking section 29 of the domestic violence act. ..... the criminal revision is directed against the order passed by the learned 10th metropolitan magistrate, egmore @ allikulam, chennai made in crl.mp.no.1336 of 2016 in cc.no.2463 of 2015 dated 18.03.2016, dismissing the discharge application filed under section 238 cr.pc. 2. ..... in this case, the pleadings are artificial, imaginary and has no logic, without any legal basis filed the present application as per rule 17(3), there is no facts placed by the second respondent attracting to grant medical facilities to the second respondent. ..... the learned counsel for the petitioner would mainly contend that the trial court without appreciating the facts erroneously dismissed the discharge application filed by the revision petitioner. .....

Mainak Roy and Ors Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... case no.1059 of 2011 refusing to dismiss the complaint case filed by the present opposite party no.2 under section 12 of the protection of women from domestic violence act, 2005, (in short the d.v. ..... provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. ..... from bare perusal of the aforesaid provision, it would appear that before passing any order on the complaint application, the magistrate shall take into consideration the domestic incident report received by him from the protection officer. ..... application to magistrate (1) an aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act. ..... (5) the magistrate shall endeavor to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing. 8. ..... the word before passing any order on such application relates to the final orders which the magistrate may pass under section 18 of the act.9. ..... (4) the magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. .....

K.Niranjani Vs. R.T.Dinesh, and ors.

Court : Chennai

..... 18, 19, 20(1) & 22 of the protection of women from domestic violence act, 2005, which was taken on file in d.v.a.c.no.1 of 2010 and interim order of rs.25,000/- per month has been awarded to the wife as maintenance and the right of residence was ordered. ..... she filed an application under domestic violence act and obtained an interim order of rs.25,000/- per month as interim maintenance, against which, both husband and wife preferred appeals in c.a.nos.39 and 46 of 2010 respectively. ..... the wife/appellant filed an application under domestic violence act against her husband and in-laws and obtained interim order of rs.25,000/- as maintenance and her right of residence was modified, against which, both husband and wife preferred appeals in c.a.no.39/2010 for reducing interim maintenance ..... "but the order in the appeals have been pronounced only on 24.09.2010, within 30 days, the learned xv metropolitan magistrate dismissed the complaint for non prosecution by invoking section 256 cr.p.c.8. ..... the learned counsel would take me through page-89 of the typed set of papers and submitted that but on 19.09.2011, she filed an application for setting aside the exparte order passed on 08.09.2011. ..... in the after noon, on the same day, the wife/appellant/complainant herself appeared before the court and she was directed to file an application for restoration of the same on the very next day. .....

Anwar Vs. Mrs. Shamim Bano and Another

Court : Rajasthan

Reported in : 2012CrLJ2552

..... 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. ..... wherein the same relief has been sought by the non-petitioners by way of application under sections 12, 22, 23, 23(2) of the protection of women from domestic violence act, 2005 whereas the application for interim maintenance under section 125 cr.p.c. ..... of the order by the family court granting maintenance to the child, the respondent no.1 also avail the remedy of filing application under section 12 of the protection of women from domestic violence act, 2005. ..... talaqnama is still to be proved by the petitioner in the appropriate court of law as per muslim law and if interim maintenance is granted to the respondent under the protection of women from domestic violence act, the same cannot be said to be illegal or perverse as the respondent no.1 is entitled to receive interim maintenance in view of the judgments of the apex court. ..... the 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 .....

Pradeep Suri vs.state & Anr.

Court : Delhi

..... the second respondent had filed a petition (cc no.12/1/13) in the court of the metropolitan magistrate invoking its jurisdiction under section 12 of the protection of women from domestic violence act, 2005 impleading the petitioner herein as the first respondent, this in addition to various other persons, they including his brothers, their wives, sister and her husband, making allegations of they having subjected her to a series of incidents constituting domestic violence within the meaning of the expression used in the said law, she seeking reliefs, inter alia, in the ..... the petitioner had approached the metropolitan magistrate by an application seeking modification of the impugned order dated 08.12.2015, on the ground that material facts had been concealed and that the petition under domestic violence act had suffered from laches but the said application was dismissed.3. ..... he submits that the second respondent had filed an application under section 125 of the cr. ..... the petition and the applications filed therewith are dismissed.9. .....

Rajkumar Pathak vs.nidhi Verma

Court : Delhi

..... the above-said application was resisted by the respondent who, in the meanwhile, had chosen to withdraw the petition under section 12 of the protection of women from domestic violence act, 2005 with the submission that she had reconciled with her husband and was living happily in her matrimonial ..... is described as a person married to a senior serving officer of indian police service (ips), she having had reasons to institute proceedings against her husband by a petition (complaint case no.15783/2014) under section 12 of protection of women from domestic violence act, 2005 to seek certain reliefs. ..... 2019 page 2 of 3 under protection of women from domestic violence act. ..... it had been brought, this court finds no reason why the petitioner should be allowed a role larger than that of an informant so as to be permitted to pursue it further in the context of proceedings under the special law meant for protection of women against domestic violence. ..... the application of the petitioner was dismissed by the metropolitan magistrate by order dated ..... the metropolitan magistrate has dismissed the complaint, and the first appellate court has upheld the said order, with observation that it was not expedient to take the complaint under section 340 cr.pc ..... stated that she had sworn an affidavit on 24.01.2015 which was submitted by her in the course of the said proceedings, then pending in the court of the metropolitan magistrate, the disclosures made in the affidavit concerning the assets, investments, etc. .....

Karthikeyan Vs. Sheeja

Court : Kerala

Reported in : II(2008)DMC92

..... respondent herein had approached the learned magistrate with an application under section 12 of the protection of women from domestic violence act, 2005. ..... passed against him in a properly instituted appeal under section 29 of the protection of women from domestic violence act, subject of course to the law of limitation. ..... writ petition cannot, hence, be entertained as the petitioner has an efficacious alternative remedy under section 29 of the protection of women from domestic violence act to challenge the said order. ..... learned counsel for the petitioner was requested to explain why he has come to this court with a writ petition and why the option to prefer an appeal under section 29 of the protection of women from domestic violence act has not been invoked. ..... learned counsel for the petitioner submits that the impugned order is only a procedural order and, therefore, under the impression that such an order is not appealable under section 29 of the act, no appeal was preferred and the petitioner has come to this court with this writ petition.3. ..... that application to set aside the ex parte order is dismissed on the ground that such a petition will not lie, the said finding/order is according to me certainly an appeal able order under section 29 of the act. ..... find no reason to entertain this writ petition at the instance of the petitioner who has a right of appeal under section 29 of the act. ..... petitioner must have challenged the order by a properly instituted appeal under section 29 of the act. .....

Anilkumar and ors. Vs. Sindhu and ors.

Court : Kerala

Reported in : 2009CriLJ3530; 2009(2)KLJ152

..... 2066 of 2008 was an application filed by one sindhu, the first respondent herein under section 12 of the protection of women from domestic violence act, 2005 (herein under referred to as 'the act') claiming relief's under sections 18, 19, 20, 22 and 23 of the act. ..... 'magistrate' means the judicial magistrate of the first class, or as the case may be, the metropolitan magistrate, exercising jurisdiction under the code of criminal procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place.the word 'magistrate' occurring in section 27 of the act will have to be thus read and understood in the light of the definition of the word 'magistrate' contained in clause (i) of section 2 of the act. ..... whether the chief judicial magistrate's court be said to be a judicial magistrate of the first class within the meaning of section 27 of the protection of women from domestic violence act, 2005?ii. ..... in a non-metropolitan area, the forum which is competent to grant protection orders and other orders under the act as also the forum to try the offences under the act, is, by virtue of section 27 of the act, the court of the judicial magistrate of the first class (jmfc) within whose territorial limits, any of the jurisdiction facts envisaged by section 27 of the act, are present. .....

Sri. Dr.T.V.Sreenivas S/O T.Venkatanarasaiah Aged 56 Years, Vs. Smt.S. ...

Court : Karnataka

..... she has filed a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act") interalia alleging the domestic violence and seeking relief of monetary benefit, protection and other reliefs.3.the learned magistrate considering the nature of allegation in the application has ordered issue of summons and has also passed the order for monetary benefit to the ..... 5 relates to submission of the report by the protection officer, in case if he has received any complaint from any person about the domestic violence suffered by a woman. ..... further submitted that, magistrate court has no jurisdiction, as the respondent wife has shown her address at mysore only in the cause title, but has not explained as to whether she is residing at mysore or not.5.section 12 of the act confers power on the aggrieved party or protection officer or any person to initiate proceedings under section 12 of the act. ..... no requirement for the aggrieved party to file a report of the protection officer along with application under section 12 of the act. ..... stage, this petition has been filed for quashing of the entire proceedings.4.sri gunjal, learned counsel appearing for the petitioner submits that, the learned magistrate has no jurisdiction toentertain an application under section 12 of the act. ..... if the woman herself files an application under section 12 of the act, filing of any report along with the application under the provisions of the act is not required. .....

Sau. Kalpana W/O Santosh Jadhav Vs. Hanma @ Seema W/O Govindrao Jadhav ...

Court : Mumbai Aurangabad

..... the petitioner has filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act ) against 8 persons, including the respondent ..... the magistrate made it clear that whether domestic violence had taken place, would be considered only after ..... rejecting the application, the learned magistrate made it clear that the observations made in the order were only tentative and were in the context of the prayer for deletion of names of the said respondents from the proceedings ..... to 6 made an application before the learned magistrate who is seized of the matter, praying that their names be deleted from the array of the ..... 1 to 6 and keeping in mind that the personal presence of these respondents before the magistrate during the proceedings would not be necessary, it is directed that the magistrate shall not insist on their personal presence during the proceedings before him and shall permit them to remain present through a duly instructed advocate. ..... order of the magistrate, the respondents approached the court of sessions by filing a revision application. ..... magistrate, by his order dated 06.06.2012, rejected the said application. ..... revisional jurisdiction, therefore, the additional sessions judge ought not to have interfered with the order passed by the magistrate, which actually did not decide any rights of any of the parties. 8. ..... the learned magistrate shall not, however, insist on the personal presence of the .....