Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 13 service of notice Page 6 of about 644 results (0.141 seconds)

P. Chandrasekhara Pillai Vs. Valsala Chandran and anr.

Court : Kerala

Reported in : 2007CriLJ2328; I(2008)DMC83

..... suffered an ex parte interim order under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act'). ..... the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or as the case may be, section 22 against the respondent.11. ..... contends that no domestic violence as defined under section 3 of the act has been proved ..... the learned magistrate, after considering the affidavit filed by the petitioner along with the application under section 12, where she claimed relief under section 19, came to the conclusion that ex parte interim order is liable to be passed in favour of the first ..... of appeal is available to an aggrieved person or the respondent, but such right of appeal has to be exercised within the period of one month stipulated under section 29 and such period of 30 days would start running from the date of service of the order on the respondent or the aggrieved person. ..... counsel for the respondent contends first of all that an appeal under section 29 of the act, (i extract the statutory provision below) will be available only after notice of the order is served on the respondent.section 29. .....

Dilip Bhattacharjee @ Raghu Bhattacharjee Son of Late Naresh Bhattacha ...

Court : Patna

..... they led complaints before learned subdivisional judicial magistrate, katihar under the provisions of section 12 of the protection of women from domestic violence act, 2005. ..... further, on reading of section 23 of the act, it is clear that the interim power has been given for an interim protection from domestic violence. ..... the said complaints having been filed alleging 'domestic violence', as such, application for interim relief as provided under section 23 of the said act were filed for grant of ad interim maintenance. ..... in my view, prima facie there are great doubts whether such a complaint, which is nothing but virtually a partition suit, would at all constitute domestic violence within the meaning of act. ..... all appears to be an ingenuous drafting and jugglery of words virtually resulting in a partition suit being decided in a domestic violation case which, on the face of it, would be arbitrary and on strength thereof conferring power to decide maintenance aspects in this jurisdiction would clearly be beyond jurisdiction. ..... petitioner has challenged such an order, inter alia, on the ground that the power to grant interim relief as envisaged under section 23 of the said act does not contemplate of such a maintenance order.2. ..... 10,000/- to each per month and that too retrospectively from 2006, the date of enforcement of the said act which was 26.10.2006 even though the complaint itself was filed in 2008 and an application for interim relief filed subsequently. .....

Smt. Sheetal W/O. Hitesh Thawkar Vs. Hitesh S/O. Vijay Thawkar and anr ...

Court : Mumbai Nagpur

..... sections 17, 18 and 19 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act of 2005"). ..... ] furthermore, merely because the divorce proceedings are pending between the husband and the wife, the same cannot deprive the applicant who was allegedly subjected to domestic violence from claiming residence in the shared household in the two storeyed building consisting of about eleven rooms. ..... the object of the act of 2005 is to provide more effective protection to helpless and shelterless victims and to ensure the rights of women guaranteed under the constitution. ..... it is contended that the respondents had locked the entire building on 5.4.2010 and committed the act of domestic violence and deprived the applicant of shared household. 3. ..... thus, in a given case, woman who is victim of domestic violence occurring within the family in respect of which the complaint is made before the competent court, it is necessary for the magistrate, before whom the complaint is made, to pass an expeditious order at the interim stage u/s. ..... sections 17, 18 and 19 of the act of 2005 in the court of j.m.f.c. ..... the court need not waste time in awaiting report of the protection officer or service provider or to pass interim order in the proceedings initiated u/s. .....

Master Ryan Thru Its Mother Mrs. Ridhima Juneja Vs. P.N. Juneja and So ...

Court : Delhi

Reported in : 163(2009)DLT14

..... complaint under the protection of women from domestic violence act, 2005 (the 2005 act) before the ld ..... the appellate court concurred with the trial court's findings about instances of domestic violence:keeping in view all these facts i fully agree with the opinion ..... trial court that there are instances of domestic violence and therefore, the respondent is entitled for ..... whether the plaintiffs, in the overall circumstances of the case, would be equitably entitled to continue in the premises, in view of the materials on record, particularly the undisturbed findings regarding domestic violence against ridhima. ..... allegedly on 31.08.2007, deven had also made a query under the right to information act, 2005 and even there he had quoted the address of the premises. ..... copy of summons dated, 02.01.2008, 13.08.2007 and 03.09.2007 sent to ridhima from the delhi legal services authority, pursuant to his application for legal aid/ advice, at the premises. ..... on 16.07.2007 deven had again filed a complaint before the delhi legal services authority (hereafter, the 'dlsa'), quoting the address of the premises as his residential address; copy ..... 50,000/-from the appellant under section 20 and 22 of the act.the matter was remitted, after which the magistrate again denied the order enabling her ..... was disclosed to the second plaintiff on 13.07.2007 (as alleged by deven) and why were deven and ridhima permitted to reside in the said premises l for the time that they did, after publication of the notice. .....

Anilkumar and ors. Vs. Sindhu and ors.

Court : Kerala

Reported in : 2009CriLJ3530; 2009(2)KLJ152

..... 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'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. ..... 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. ..... 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. ..... even though the revision petitioners preferred an appeal under section 29 of the act before the sessions court, thiruvananthapuram, the learned sessions judge as per judgment dated 2.1.2009 dismissed the appeal confirming the order passed .....

Avijit Biswas.

Court : Kolkata

..... filed by avijit biswas praying for quashing of a proceeding under section 12 of the protection of women from domestic violence act, 2005 initiated by his wife on the ground of cruelty. ..... court dealing with an application under section 12 of the protection of women from domestic violence act, 2005, has nothing to do with such ..... it can well be said that the petition under section 12 of the act filed by the aggrieved wife contains violence within the meaning of the act and that empowers a court to take cognizance of the same and proceed in accordance ..... i find sufficient materials in the petition of complaint for which an enquiry should be made by protection officer appointed for the purpose of this act in the district of nadia and submit report to the learned magistrate in order to enable him to pass an adequate order on the petition filed ..... on behalf of the petitioner, any dispute as to the consent in a proceeding under section 13b of the hindu marriage act is to be considered by the court wherein the said application has been filed. ..... in the petition of complaint under section 12 of the act, specifically in paragraph 6, it has been averred that the signatures of the opposite party/wife were obtained forcibly and in paragraph 7, it has been averred that the said papers containing her signatures have been used in a proceeding under section 13b of the hindu marriage act for the purpose of getting a decree of divorce on mutual consent although the opposite party/aggrieved wife had .....

Sarbjyot Kaur Saluja and ors. Vs. Rajender Singh Saluja

Court : Delhi

Reported in : 148(2008)DLT650

..... the plaintiff consequently also seeks to amend the title of the plaint so as to incorporate the provisions of 'the protection of women from domestic violence act, 2005' which has been invoked on 17th october, 2006 as the court is competent to exercise its power conferred under sections 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005.5. ..... the learned counsel for the defendants have also relied on section 23 of the hindu adoption and maintenance act, 1956 to contend that the amount of maintenance to be awarded to a wife, children is to be based on various factors which are detailed in para 23(2) and (3) of the said act. ..... the plaintiffs/applicants contend that they have filed a suit for permanent injunction and maintenance against the defendants under sections 18, 20 and 23 of hindu adoption and maintenance act.3. ..... they also want to include the prayer regarding claim of maintenance of rs.1.5 lakhs from the defendants which was left inadvertently by them though various paras show that the plaintiffs have pleaded material facts seeking claim of maintenance from the defendant no. 1.15. ..... 6240/2005 pleads the facts regarding the plaintiffs being indigent persons along with the schedule of properties of the plaintiffs which has been duly verified. ..... 6240/2005 seeking permission to sue as an indigent person. .....

J.K.Ram Prakash. S/O Sri.P.J.Krishna Murthy, and ors. Vs. Gayathri N. ...

Court : Karnataka

..... petition filed under section 482 cr.p.c, the petitioners have sought for quashing the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005 (for short the act') in crl.misc ..... and 3 have no relationship whatsoever with respect to the allegations made in the petition since they resided about 350 kms away from the matrimonial home of the respondent while she was residing with the first petitioner in chennai, therefore, the allegations made in the petition with regard to the alleged domestic violence are all concocted only to make a ground for seeking the reliefs with the first petitioner; that on account of harassment ..... the petition filed under section 12 of the act, the respondent has made several allegations of domestic violence perpetrated on her by the ..... meted out to the first petitioner by the respondent, he was forced to resign from his job as such he is now without any job and is residing with his parents at. ..... upon service of notice, petitioners have appeared before the learned magistrate and have filed objections ..... before whom the petition came to be presented directed registration of the case and also ordered issue of notice to the petitioners herein. .....

Smt. Abha Arora Vs. Angela Sharma and anr.

Court : Delhi

Reported in : 148(2008)DLT506; I(2008)DMC507; 2007(96)DRJ221

..... forcibly entered the house and occupied one room therein and thereafter filed a suit seeking an injunction against the plaintiff claiming protection of her right to residence in the matrimonial home under inter alias the protection of women from domestic violence act, 2005 (for short the 'pwdv act'). ..... that the withdrawal is liable to be opposed on the principle of lis pendens under section 52 of the transfer of property act, 1882 as the withdrawal sought is intended to circumvent the jurisdiction of the court and to remove the subject matter of litigation from the ambit of the courts power and frustrate its decree. ..... a mortgage or sale made before the final decree to a person who had no notice of the pending proceedings would always render a new suit necessary and so interminable litigation might be ..... ) 44 er 842 wherein it was observed as under:it is scarcely correct to speak of lis pendens as affecting a purchaser through the doctrine of notice, though undoubtedly the language of the court often so describes its operation. ..... it affects him not because it amounts to notice, but because the law does not allow litigant parties to give to others, pending litigation, rights to a property in dispute, so as to prejudice the ..... fact was brought to the notice of the court at the ..... in the suit shall be binding not only on the litigant parties but also on those who derive title under them by alienations made pending the suit, whether such alienees had or had not notice of the pending proceedings. .....

Jacob Kuruvila Vs. Merly Jacob

Court : Kerala

Reported in : 2010(1)KLT503

..... learned counsel further submits that the liability to pay maintenance is recognised by law in section 125 cr.p.c as also in the provisions of protection of women from domestic violence act, 2005. ..... fact that a defaulter may be compelled to make such payments under threat of coercive processes leading to deprivation of liberty under the provisions of the code of criminal procedure or under the domestic violence act cannot definitely be reckoned as an implied bar under section 9 of the code of civil procedure.23. ..... right to maintenance of the wife is not created by the code of criminal procedure or under the domestic violence act. ..... the learned counsel further contends that section 7 of the divorce act, which now stands repealed, was available when the full bench delivered the judgment in cheria varkey ..... this court will be absolutely justified in taking judicial notice of the fact that such vows must have been taken at the time of ..... the learned counsel contends that the parties are from travancore and the principles of common law are not applicable to ..... liability founded on the vows of the marriage as also on the principles of justice, equity and good conscience can certainly be reckoned as a civil right/obligation which can be enforced under section 9 of code of civil procedure. ..... were initiated by the wife and minor child, aged 28 years and 7 years respectively on the date of the application, claiming return of money, ornaments and maintenance from their husband/father and his father. .....