Court : Uttaranchal
..... submissions of learned counsel for the revisionist and after going through the impugned order, this court finds that the magistrate has erred in law in passing the ex-parte order without getting notices served on the revisionist as required under section 13 protection of women from domestic violence act, 2005, read with rule 12 of rule framed under the act. ..... ) pushpa for herself and her daughter, under the protection of women from domestic violence act, 2005. ..... 2010 filed under protection of women from domestic violence act, 2005.3. ..... the reasons as discussed above, this revision is summarily allowed and the impugned order dated 27.01.2009, passed by chief judicial magistrate tehri garhwal and in criminal ..... 2010, whereby said court has dismissed the appeal and declined to interfere order dated 27.01.2009, passed by chief judicial magistrate, tehri garhwal in misc. ..... this revision is directed against the order dated 06.05.2010, passed by sessions judge, tehri garhwal, in criminal ..... the revisionist fails to appear on 21st of june 2010 before the trial court personally or through counsel, or on the next date fixed thereafter by said court, the trial court is at liberty to pass the appropriated orders after hearing the respondent no. ..... on going through the impugned order dated 06.05.2010 passed by sessions judge, tehri garhwal, it appears that the marriage between the revisionist and ..... out that there was no service of notice on the revisionist before the impugned order was passed by the magistrate. .....
Tag this Judgment!Court : Chennai
..... dispositions: 24.at the outset, it is to be pointed out that in s.t.c.no.1777 of 2009, the respondents (wife and children) as petitioners have filed a petition/application under section 12 of the protection of women from domestic violence act, 2005 seeking the following reliefs as against the revision petitioner/husband: i].protection order under section - 18 i)prohibiting the respondent from committing any act of domestic violence against the petitioner; ii)prohibiting the respondent from committing any act of domestic violence against the parents and brother of the petitioner including filing false complaint against them by utilizing the cheques belong to ..... them which are now kept by the respondent; iii) prohibiting the respondent from alienating the assets/ properties stand in his name; iv) prohibiting .....
Tag this Judgment!Court : Chennai
..... the short facts of the case are as follows:- the petitioner / wife has filed a petition under section 12 r/w section 18(a), (b), (d), section (19)(1)(f), 19(8), section 20(1), section 22 of the protection of women from domestic violence act, 2005, along with an affidavit praying for (a) protection order: preventing the respondent from (a) committing any act of domestic violence, (b) aiding or abetting in the commission of acts of domestic violence, (c) attempting to communicate with the petitioner; in any form whatsoever, (b) residence order: (a) direct the respondent to secure same level of alternate accommodation as enjoyed by the petitioner in the shared household or to pay rent of rs.7,500/- per month for a similar accommodation ..... that the appellate court has failed to consider that according to section 23(2) of the protection of women from domestic violence act, 2005, the learned magistrate is allowed to pass even an ex-parte interim order if he is satisfied that a prima facie case of domestic violence exists, based on the affidavits submitted before him. ..... that he had not committed any domestic violence against the petitioner and that the complaint had been filed against him only for the purpose of extracting lumpsum payment from him and his family members. ..... observed that as per section 12(1) of the act, whenever, the application is filed under section 12(1) r/w 23 of the act, the trial court is bound to consider the domestic incidental report for passing any order. .....
Tag this Judgment!Court : Chennai
..... the first respondent.3.based on the above mentioned allegation, the revision petitioner filed a petition under sections 18, 19 and 23 of the protection of women from domestic violence act 2005 for the following reliefs:-(i)protection order under section 18 of the said act, prohibiting the respondent no.1 and 2 from committing any act of domestic violence on the revision petitioner and prohibiting the respondent no.1 from alienating the property bearing door no.6 nagalingam pillai street, thiruchuli road, arupukkottai, virudhunagar district, which ..... the petitioner claims to be a shared household;(ii)restraining the respondents 1 and 2 from dispossessing or in any other manner disturbing ..... the findings of the trial court that the revision petitioner had not made out any prima facie case for any of the reliefs sought for under sections 18, 19 and 23 of the protection of women from domestic violence act 2005.6.the learned appellate judge has adverted to the transactions that took place subsequent to the death of the husband of the revision petitioner and also referred .....
Tag this Judgment!Court : Kerala
..... : the records and from the documents produced by the petitioner himself that the second respondent has filed a complaint before the judicial first class magistrate court, adimaly claiming reliefs under the provisions of the protection of women from domestic violence act, 2005 and interim protection order was passed under section 19 of the act restraining the petitioner herein from committing any act of violence against the de facto complainant who is the second ..... petitioner had violated that order by inflicting bodily injury to the second respondent, second respondent filed a complaint under section 31 of the domestic violence act and that was forwarded to the police by the learned magistrate and in respect of the same annexure a5 first information report was registered as crime no.652/13 under section 31 of the domestic violence act, 2005 of admilay police station. ..... no illegality in the police registering the case under the provisions of domestic violence act on the basis of a complaint filed by the second respondent before the concerned magistrate court which was forwarded to the police for investigation under section 156(3) of code of criminal procedure. ..... the provisions of the indian penal code and other under the provisions of the domestic violence act. ..... : information report registered for taking action for violating the interim protection order given to the aggrieved person in that matter who is the second respondent herein is also for the same offence for which annexure a2 .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
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