Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 16 proceedings to be held in camera Page 1 of about 406 results (0.166 seconds)

Sarita (Smt.) Vs. Smt. Umrao

Court : Rajasthan

Reported in : 2008(1)WLN359

..... learned judicial 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. ..... 06.07.2007 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, smt. ..... 25.09.2007 are quashed to the extent they relate to withdraw proceedings under the act of 2005 against smt. ..... umrao and kumari gayatri being female cannot be a party to the proceedings as 'respondents' under the act of 2005.3. ..... the courts below have over-looked the proviso referred above and thus, erred while withdrawing proceedings against nonpetitioners smt. ..... 5, jodhpur withdrawing proceedings against respondents smt. .....

1.K.Rajendran Vs. 1.Ambikavathy

Court : Chennai

..... the petitioners is that the learned judicial magistrate, valliyoor has recorded the sworn statement of the first respondent/wife and nowhere in the protection of women from domestic violence act, 2005, recording of sworn statement is permissible before passing an exparte order and in fact, the proceeding before the trial court under the protection of women from domestic violence act, 2005 is a civil in nature and therefore, a summary procedure is to be followed like that of the one followed under section 125 of cr.p.c. ..... is held that the power to grant interim relief as envisaged under section 23 of the protection of women from domestic violence act, 2005 does ..... it is held that "any woman being in domestic relationship with opposite party can file a complaint under the protection of women from domestic violence act, 2005 (act 43 of 2005). ..... (cal) 621 was cited in regard to sections 23 and 29 of the protection of women from domestic violence act, 2005 wherein the hon'ble court held that against interim order granted, the remedy lies in preferring appeal against the order and revisional ..... in addition to this, the learned counsel for the petitioners relied on para 28 of the aforesaid supreme court's decision at page 1121, wherein, it is held as under: "as regards section 17(1) of the act, in our opinion the wife is only entitled to claim a right to residence in a shared household and a 'shared household' would only mean the house belonging to or taken on rent by the husband, .....

Satish Chander Ahuja Vs. Sneha Ahuja

Court : Supreme Court of India

..... taruna batra, (2007) 3 scc169has not correctly interpreted the provision of section 2(s) of protection of women from domestic violence act, 2005 and does not lay down a correct law?. ..... however, a party though unsuccessful in proceedings under section 145 may still be able to successfully establish before the competent court that it was actually in possession of the property and is entitled to retain the same by making out a strong case demonstrating the finding of the magistrate to be apparently incorrect.114.this court further held that finding recorded by the magistrate under section 145 cr.p.c. ..... this court held that the unsuccessful party in proceedings under section 145 cr.p.c. ..... for this, he rightly referred to the provisions of sections 41, 42 and 43 of the evidence act and submitted that under the evidence act to what extent judgments given in the previous proceedings are relevant is provided and therefore it would be against the law if it is held that as soon as the judgment and decree is passed in a civil suit the criminal proceedings are required to be dropped if the suit is decided against the plaintiff who is the complainant in the criminal proceedings.16. ..... this court ultimately held that civil proceedings as well as criminal proceedings are required to be 139 decided on the facts and evidences brought on the record by the parties. ..... this court held that the determination of claim of the aggrieved person was necessary in the suit to avoid multiplicity of proceedings. .....

Sri A Ramesh Babu Vs. Smt Dharani S

Court : Karnataka

..... . now coming to the pivotal question whether this court can exercise jurisdiction under section 482 of code of criminal procedure, to set at naught the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005, it is apposite to refer the judgment of hon'ble apex court in the case of state of haryana referred supra, where it was held that the court exercising jurisdiction is not shorn of the power under articles 226 and 227 of the constitution of india and whenever court is ..... in the case on hand, though it is contended that the hon'ble apex court in the case of kamatchi supra held that under section 482 of code of criminal procedure, the high court cannot exercise jurisdiction to quash the proceedings under section 12 of protection of women from domestic violence act 2005, in the instant case, the proceedings before the trial court has moved on from the stage of issuing notice ..... confronted with a situation where the provision of any penal law is abused, it would unhesitatingly exercise jurisdiction to set at naught such proceeding.12 .....

Savitri Devi Vs. Manoj Kumar and anr

Court : Delhi

..... placed on the order of sh.rakesh kumar yadav, jmic, sonepat dated 03.05.2012 in an application filed by defendant no.2 under section 12 of the protection of women from domestic violence act, 2005. ..... that the present suit is barred under section 26 of the protection of women from domestic violence act, 2005. ..... filed a case under the provisions of protection of women from domestic violence act, 2005 against the plaintiff and her husband. ..... similarly, the concerned court dealing with her application under section 12 of the protection of women from domestic violence act has concluded that in view of the fact that defendant no.2 is employed in the office of additional district and sessions judge, sonepat she could not have left ..... interpretation of section 17 of the domestic violence act, the court in para 29 held as follows ..... in case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this act, she shall be bound to inform the magistrate of the grant of ..... & ors (supra), the division bench of this court has in relation to section 17 of the domestic violence act held as follows: 40. ...... ..... in fact, the court held that if the contentions, which are identical to the contentions raised by defendant no.2 herein, are accepted, ..... this court categorically held that as defendant no.2 is not a ..... hence, it was held that no issue needs to be framed as to the validity ..... it was held that the said issue does not require any evidence and arguments can be heard .....

Vinay Varma vs.kanika Pasricha & Anr.

Court : Delhi

..... rajesh dinanath tiwari in writ petition no.10696/2017, it being apparent through the pleadings on the record that the premises in suit do not fall within the category of a shared household in terms of section 2 (s) of the protection of women from domestic violence act, 2005, the substantial questions of law sought to be urged by the appellant as referred to in para 18 hereinabove do not arise for consideration in the instant case in as much as the rights of the appellant cm (m) 1582/2018 page 28 of 40 ..... division bench held that since navneet kaur stayed with her husband and his parents in commensality sharing a common kitchen, that is, as a joint family, in the ground floor of b-44, vishal enclave, rajouri garden, new delhi, she had a right to reside in such shared household under the protection of women from domestic violence act, 2005.13. ..... gets more complex with the enactment of the psc act which permits senior citizens and parents to take proceedings for removal of their children from the house which exclusively belongs to them under the ..... a father-in-law, or for that matter, "a relative of the husband") can also be a respondent in the proceedings under the 2005 act and remedies available under the same act would necessarily need to be enforced against them. ..... however, since the suit property has been sold during the pendency of the proceedings, various directions including the directions for procuring an alternate residence for the daughter-in-law along with some amount to be .....

Rajnesh Vs. Neha

Court : Supreme Court of India

..... proof is not necessary.10 (e) protection of women from domestic violence act, 2005 ( d.v. ..... majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means : provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allow for the interim maintenance of his wife or such child, father or mother, and the expenses of such ..... before the madhya pradesh high court in venkateshwar dwivedi v ruchi dwivedi.70 the court held that neither section 125(3) of the cr.p.c, nor section 10 of the family courts act either expressly or by necessary implication empower the magistrate or family court to strike off ..... could be awarded by the magistrate, after permanent alimony was granted to the wife in the divorce proceedings, came up for consideration before the supreme court in rakesh malhotra v krishna malhotra.23 the court held that once an order for permanent alimony was passed, the same could be modified by the same court ..... a three-judge bench of this court in satish chander ahuja v sneha ahuja14 has overruled the judgment in s.r.batra v taruna batra,15 wherein a two judge bench held that the wife is entitled to claim a right of residence in a shared household u/s.17 (1), which would only mean the house belonging to, or taken on rent by the husband, or the house which belongs to the joint family of which .....

Shammi Nagpal Vs. Sudhir Nagpal, Director of Hotel Taj-president,

Court : Mumbai

Reported in : 2008(5)BomCR149; (2008)110BOMLR1797

..... in the right of a daughter-in-law to live in her mother-in-law's house, in the light of the provisions of the protection of women from domestic violence act, 2005, (for short, 'act of 2005') was under consideration. ..... he submitted that the protection of women and domestic violence act, 2005 has and can have no application to a third party ..... thorat also invited my attention to the provisions in domestic violence act and submitted, the plaintiff's right as a wife of the defendant to share the home is well protected therein and the defendants have taken possession of the suit premises in flagrant violation of the provisions of the said act. ..... municipal corporation of delhi : [1993]3scr522 , wherein it was observed that injunction is discretionary and that : (scc p.175, para 31) 'judicial proceedings cannot be used to protect or to perpetuate a wrong committed by a person who approaches the court.'26. ..... even if it is accepted that the plaintiff was unaware about the leave and licence and the service occupancy agreements still that would not help her at this stage of the proceedings against the backdrop of the case set by both the defendants. ..... piem, who is the owner of the suit premises, has not been joined as a party to the proceedings and in view thereof the stand of defendant no. ..... the supreme court in (supra) has held 'even the wife and son of the director of a company wrongfully withholding property of the company are liable to be prosecuted under section 630 of the companies act, 1956'. .....

Present: Mr.i.D. Singla Advocate Vs. Smt.Ritu Chhikara and Another

Court : Punjab and Haryana

..... sole submission made by counsel for the petitioner is that the maintenance awarded by the court is liable to be reduced as the respondents have been granted interim maintenance @ rs.5000/- per month in proceedings under the protection of women from domestic violence act, 2005 (in short the domestic violence act . ..... apart, the petitioner cannot seek modification of the order passed by the trial court in proceedings under section 125 of the code on the ground that the respondent wife has also been allowed maintenance under the domestic violence act 2005. ..... it is not disputed that the proceedings for grant of maintenance under the domestic violence act were initiated subsequent to filing of application under section 125 of the code which was ..... xxx xxx (5)xxx xxx xxx (6)xxx xxx xxx the monetary reliefs which can be awarded in the domestic violence act are in addition to any maintenance which is awarded to the aggrieved person or any child of the aggrieved person under section 125 of the code or any other law for the time being in force. ..... petitioner, if so advised, may raise a plea in the proceedings under the domestic violence act that the maintenance awarded to the wife and the minor child under section 125 of the code may be kept davinder kumar 2014.04.04 10:36 i attest to the accuracy and integrity of this document crr(f)-199-2013(o&m) 4 in view while assessing maintenance under the domestic violence act keeping in view the provision of sub section 2 of section 20 of the said act. .....

Mahadevi Vs. Gopal

Court : Mumbai Aurangabad

..... it is also not in dispute that, the complaint is filed by the applicant under the provisions of protection of women's from domestic violence act, 2005 and also one more proceeding is initiated at amravati. ..... it is submitted that, other two proceedings instituted by the application, (1) under protection of women from domestic violence act and (2) h.m.p. no. ..... 62 of 2014 is preferred by the applicant under the domestic violence act, 2005 and which is pending before the learned judicial magistrate, first class, at ambajogai ..... however, the salient feature of this case is that there are already two criminal proceedings initiated by the applicant which are pending before the competent courts at ambajogai and the respondent/ husband attends both the ..... nimbalkar, learned advocate for the applicant opposes the same on the ground that it is a matter of convenience even for the respondent to have all the proceedings at one place before the courts and as such, no loss would be caused to him. 21. ..... contention of the respondent that, the marriage is not solemnized at amravati and also other events are not taken place at amravati and therefore, there is no question of transfer of the proceedings from ahmednagar to amravati, is devoid of any merits. 8. ..... the applicant has also filed a complaint under section 498-a of the ipc and the said regular criminal case no ..... 41, wherein the supreme court held that, in a proceedings instituted by the husband, convenience of the wife should be looked at, this misc .....