Court : Jharkhand
..... 1533 of 2012 praying for monetary relief under section 20 of the protection of women from domestic violence act, 2005 and the learned chief judicial magisrate, dhanbad vide order dated 5.1.2013 directed that the opposite party (petitioner) shall bear the amount of rs.1.5 lacs per annum for the educational and other expenses incurred for their children. ..... learned counsel for the petitioner has submitted that the proceeding initiated under the provisions of the protection of women from domestic violence act, 2005 is for protecting the right of women, who are victims of domestic violence within the family but as it appears that monetary relief had been sought for and was granted -3- for the son and daughter and in such circumstances, the initiation of the case itself was not ..... 2 had prayed for monetary relief under section 20 of the domestic violence act, in which an order was passed on 5.1.2013 directing the petitioner herein to bear the amount of rs.1.5 lacs per annum for the education and other expenses incurred for their children namely kumar aanjaneya and aparajita sinha. .....
Tag this Judgment!Court : Jharkhand Ranchi
..... that preliminary objection which was raised on behalf of the petitioner-husband on the point of maintainability of the complaint petition filed by the complainant-opposite party no.2 under section 12 of the protection of women from domestic violence act, 2005 was turned down by the sdjm ranchi on the ground that the marriage between the parties was not disputed though same has been challenged under ..... which did not draw inference to presume that in the given allegation, an offence could be made out under the protection of women from domestic violence act,2005.as a matter of fact, the complainant could not be stated to be an aggrieved person as defined under section 2(a) of the d act as she never lived with the petitioner-husband in domestic relationship as defined in section 2(f) or in a shared household as defined in section 2(s) of the act , as such, complaint of the complainant was liable to be rejected on the point of maintainability . mr. ..... inherent jurisdiction of this court under section 482 code of criminal procedure for quashment of the order dated 6.10.2010 passed by the ..... section 25 of the special marriage act and that she was driven out from her matrimonial home and therefore, he found that complaint as brought about by the complainant under section 12 of the said act was maintainable and the learned counsel appearing for the petitioner failed to satisfy this court so as to call for interference in the order impugned recorded by the sdjm .....
Tag this Judgment!Court : Jharkhand
..... 42 of 2011, whereby on the complaint filed under the protection of women from domestic violence act, 2005, (hereinafter referred to as act ), by the respondent no. ..... -(1) while disposing of an application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order- (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) ....................... (c) ....................... (d) ....................... (e) ....................... ..... . (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code of criminal procedure, 1973 (2 of 1974) or any other law for the time being in force. *** *** *** ." 14 ..... . a conjoint reading of section 2(s) with section 19 of the act clearly shows that the magistrate is fully empowered to pass the residence order, even restoring the possession of the complainant, in case it is found that she is dispossessed or ousted from the shared household ..... the monetary relief under section 20 of the act has also been granted to the wife, asking the petitioner to make the payment of rs.2,000/- per month from the date of the order in lieu of the maintenance of the complainant and her female child.3. .....
Tag this Judgment!Court : Jharkhand
..... 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. ..... , jointly by the aggrieved person and the respondent or singly by the respondent including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate; (f) causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection order.10. ..... the relief sought for under sub section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent. ..... the magistrate may, after giving the aggrieved person and the respondent an 'opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from- (a) committing any act of domestic violence; (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved .....
Tag this Judgment!Court : Jharkhand
..... 806/2015 under section 12 of the protection of women from domestic violence act, 2005 on 24.08.2016 before the j.m. ..... in that view of the matter, the above named petitioner is directed to surrender in the court below within four weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named petitioner, on bail, on furnishing bail bond of rs. ..... 2 to 6, namely, sita ram, premchand sao, upendra paswan, arbind paswan and bishwanath paswan are directed to surrender in the court below within four weeks from the date of this order and in the event of their arrest or surrender, the court below shall enlarge the petitioner no. ..... the above named appellant is directed to surrender in the court below within four weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named appellant, on bail, on furnishing bail bond of rs. ..... the above named appellant is directed to surrender in the court below within four weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named appellant, on bail, on furnishing bail bond of rs. ..... the above named appellant is directed to surrender in the court below within four weeks from the date of this order and in the event of her arrest or surrender, the court below shall enlarge the above named appellant, on bail, on furnishing bail bond of rs. .....
Tag this Judgment!Court : Jharkhand
..... learned counsel submits that section 2 (q) of protection of women from domestic violence act 2005 defines shared household and since it is the joint family property the ..... application under section 12 of the protection of women from domestic violence act was considered by the learned sub divisional judicial magistrate, sahibganj, who vide order dated 04.08 ..... 2 has supported the impugned order and has referred to various provisions of the protection of women from domestic violence act 2005 and has stated that if family members stay together jointly, liability can also be fixed apart from husband upon any of the relatives of the husband and therefore both the courts below have correctly interpreted the provisions of law and that directed both the petitioners to deposit one time payment ..... to share the liability of -4- making payment of maintenance along with his father and the individual payment of maintenance by the petitioners, if the order passed by the learned principal judge, family court, is taken in isolation, will get reduced substantially. ..... of the discussions made above, i do not find any error or illegality in the impugned orders and therefore this revision being devoid of any merit is hereby dismissed. ..... quantum of maintenance is concerned, in view of the finding of this court given above by affirming the order passed by the learned court below, the petitioner no. ..... 68 of 2012, whereby and whereunder, order passed by the learned sub divisional judicial magistrate, sahibganj .....
Tag this Judgment!Court : Jharkhand
..... the protection of women from domestic violence act, 2005, came into force with effect from 26.10.2006, and this clearly shows that the said monetary reliefs have been granted to the complainant with retrospective effect from prior to the coming into force of the act. ..... lastly, it has been submitted by learned counsel for the petitioners that the impugned orders granting monetary relief to the complainant under section 20 of the act have been granted for a period of nine years and one month from the date of order, which was passed on 19.7.2010, and accordingly this period goes back to sometimes in the year 2001, when the act itself was not in force and accordingly, the monetary relief has been granted to the complainant ..... we agree with the view expressed by the high court that in looking into a complaint under section 12 of the pwd act, 2005, the conduct of the parties even prior to the coming into force of the pwd act, could be taken into consideration while passing an order under sections 18, 19 and 20 thereof. ..... with retrospective effect from prior to the coming of the act into force, which cannot be allowed .....
Tag this Judgment!Court : Jharkhand
..... binod kumar dubey appearing for the petitioner in both the revisions assailing the order impugned as perverse and bad in law seriously contended that the proceeding under domestic violence act, 2005 for grant of protection and maintenance and a criminal proceeding under section 125 of the code for grant of maintenance being similar in nature cannot proceed simultaneously and no maintenance can be granted under the d.v.act, 2005 in addition to the grant of maintenance under section 125 of the code. ..... the court further held that the grant of maintenance under section 125 of the code is different from the protection and maintenance granted under different provisions of the domestic violence act, which would be clear from section 26 of the said act. ..... any child of the aggrieved person as a result of the domestic violence and such relief may include, but is not limited to- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code of criminal procedure, 1973 (2 of 1974 ..... 08/2015 pronounced on-04/09/2015 the solitary question, which has come up for consideration by this court is whether a relief claimed under protection of woman from the domestic violence act, 2005 (hereinafter referred to as the d.v. .....
Tag this Judgment!Court : Jharkhand
..... binod kumar dubey appearing for the petitioner in both the revisions assailing the order impugned as perverse and bad in law seriously contended that the proceeding under domestic violence act, 2005 for grant of protection and maintenance and a criminal proceeding under section 125 of the code for grant of maintenance being similar in nature cannot proceed simultaneously and no maintenance can be granted under the d.v.act, 2005 in addition to the grant of maintenance under section 125 of the code. ..... the court further held that the grant of maintenance under section 125 of the code is different from the protection and maintenance granted under different provisions of the domestic violence act, which would be clear from section 26 of the said act. ..... any child of the aggrieved person as a result of the domestic violence and such relief may include, but is not limited to- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code of criminal procedure, 1973 (2 of 1974 ..... 08/2015 pronounced on-04/09/2015 the solitary question, which has come up for consideration by this court is whether a relief claimed under protection of woman from the domestic violence act, 2005 (hereinafter referred to as the d.v. .....
Tag this Judgment!Court : Jharkhand
..... for the offence punishable under section 304(b) of the indian penal code, under section 3/4 of the dowry prohibition act and under section 3 of the protection of woman from domestic violence act. ..... submitted that on own showing of the complainant the petitioner no.1 himself had taken the deceased to imphal and when she was suffering from vomiting the petitioner no.1 had got her immediately treated in regional institute of medical sciences, hospital at imphal on 20.07.2014. ..... 2 to 9, above named, are directed to surrender in the court below within a period of three weeks from today and on their so surrendering they shall be -3- released on bail on furnishing bail bonds of rs.10000/- (rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned ..... moreover the death certificate also reveals that the deceased was suffering from vomiting and death was on account of cardio-respiratory arrest, multiple ..... substantiated by the prescription issued by the doctor treating the deceased in regional institute of medical sciences, hospital at imphal on 20.07.2014, which clearly depicts that the daughter of the complainant was suffering from vomiting and blood was also found present in the same. ..... the allegations made in the first information report, in which it has been opined that she died on account of cardio-respiratory arrest, multiple organ failure and she was also suffering from dengu positive while she was carrying pregnancy of 3 months. mr. .....
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