Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 18 protection orders Court: kerala Page 1 of about 63 results (0.201 seconds)

Jose Vs. State of Kerala

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 .....

Bijukumar Vs. Sunitha Kumari

Court : Kerala

..... the first respondent herein filed m.c.no.5 of 2010 in the court of the judicial first class magistrate-ii,haripad, under section 12 of the protection of women from domestic violence act,2005 and by the order dated 21.5.2011, the learned magistrate declined all her reliefs sought for except to pay the maintenance at the rate of `1500/- per month to her and also directed the first revision petitioner not to ..... also directed that the revision petitioner shall not commit domestic violence in any manner towards the respondent herein. ..... per the impugned judgment of the appellate court, while allowing the appeal, after setting aside the order of the trial court, the first revision petitioner herein, who is the first counter petitioner before the trial crl.r.p.no.77 of 2013 :-2-: court, was directed to pay `2 lakhs, being value of the gold ornaments entrusted with him, within 60 days from the date of appellate court judgment, and is also directed to pay monthly maintenance at the ..... it is also the contention of the counsel that though the trial court ordered only an amount of `1500/- as monthly maintenance, the appellate court enhanced the same to `3500/-, without any evidence ..... 77 of 2013 ---------------------------------------- dated this the 15th day of january, 2013 order the respondents in crl.a.no.286 of 2011 have filed this revision petition as they are aggrieved by the judgment dated 28.3.2012 of the additional sessions court-i, mavelikkara in the above appeal, by which the learned .....

Chithrangathan Vs. Seema

Court : Kerala

Reported in : I(2008)DMC365

..... since the impugned order is appealable under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the pwdv act' for short).3. ..... iii of the protection of women from domestic violence rules, 2006 ('the rules' for short). ..... sub-section (2) of section 23 clearly shows that in an appropriate case where the magistrate is satisfied that the application discloses that the respondent to the application 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, the magistrate is empowered to grant an ex parte order (ad interim order) on the basis of an affidavit in form no. ..... (2) if 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 sections 18, 19, 20, 21 or, as the case may he, section 22 against the respondent.5. ..... the reliefs, which can be obtained under the act, constitute a protection order under section 18, a residence order under section 19, a monetary relief under section 20, a custody order under section 21 and a compensation order under section 22. .....

P.T. Hamza Vs. State of Kerala, Represented by Public Prosecutor, High ...

Court : Kerala

..... in this petition under section 482 of the code of criminal procedure, the respondent in m.c.no.323/2011 on the file of the judicial magistrate of the 1st class, parappanangadi, a petition under section 12 of the protection of women from domestic violence act, 2005, seeks an order to quash all further proceedings in the above petition. ..... at para 5 the learned single judge held as follows: "it is not the form that has to be looked into in determining the reliefs canvassed under the act, but as to whether the allegations set out in such application make out a case for commencement of a proceeding under the act, which is intended to prevent domestic violence. ..... the 2nd ground urged is that the above petition was filed suppressing the lodging of complaint alleging offence under section 498a ipc. 2. ..... proceedings before the trial court can no way be interfered under section 482 cr.p.c. .....

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'). ..... if 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. ..... from the plain language employed by the statute in section 23, it is impossible to spell out an insistance that a separate application under section 23 must be filed in order to clothe the court with the requisite jurisdictional competence and the claimant with a right to claim the relief of an interim order under section ..... right 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. ..... respondent /husband assails the impugned interim ex parte order passed under section 23 of the act and prays that the powers under section 482 cr. p.c. .....

Mary Vs. Jose

Court : Kerala

..... 3898 of 2013 2 before the judicial first class magistrate court, kothamangalam, under section 12 of protection of women from domestic violence act, 2005, against the first respondent and obtained impugned orders, after filing collusive compromise from court, without arraying the petitioner as a party. ..... 3898 of 2013 5 necessary party to the proceedings pending between respondents 1 and 2 under the provisions of protection of women from domestic violence act, 2005. ..... ).no.3898 of 2013 --------------------------------------------------------------------- dated this the 17th day of february, 2014 judgment this petition is field by the petitioner for a direction to set aside the interim order and collusive compromise entered into between the respondents herein in m.c.no.32/2011 on the file of the judicial first class magistrate court, kothamangalam, in under article 227 of the constitution of india.2 ..... so under the circumstances, there is no illegality committed by the court below in passing ex.p14 order and the petitioner is not entitled to get the relief claimed in the petition. ..... exhibit p8 : true copy of the common order in cmp13462011 and cmp2034/2011 before the jfmc kothamangalam ..... been obtained by her son by making mis-representation and she was made to execute a document in his favour and mis- using the document that a compromise has been entered into and ext.p15 collusive order was obtained by the respondents. ..... p6 : true copy of the order cmp13462011 before the jfmc kothamangalam. .....

K.Mohanakumar Vs. SujA.S

Court : Kerala

..... all that the court below has now done is only to pass an interim order as envisaged under section 23(2) of the protection of women from domestic violence act, 2005, directing the petitioner to pay a sum of 7500/- per month as interim maintenance to the petitioner before the court below and her minor daughter. ..... the grievance of the petitioner is that as a retaliatory measure, his wife instituted a case under the domestic violence act and an interim order has been passed granting maintenance to his wife and the child.4. ..... it must be remembered that domestic violence act has been enacted in addition to the provisions contained in section 125 of cr.p.c. ..... annexure a3 copy of objection filed by the petitioner/husband in annexure a2-cmp no.4162/2012 in mc no.702/2012 of chief judicial magistrate court, thiruvananthapuram annexure a4 copy of order in criminal appeal no.782/2008 dated2910/2010 of the hon'ble sessions court, thiruvananthapuram annexure a5 copy of compromise petition filed by the parties in crl.appeal no.782/2008 of the sessions court, thiruvananthapuram annexure a6 copy of sale ..... 702/2012 whereby the court below has ordered the petitioner herein to pay a sum of 7500/- per month as interim maintenance to the petitioner before the court below and her minor daughter, the respondent before the court below has come up invoking the inherent jurisdiction of this court under section 482 of cr.p.c. .....

Manju Koshy Vs. George Joseph

Court : Kerala

..... 57/2013 before the judicial first class magistrate court-i, aluva seeking order under section 20 of the protection of women from domestic violence act, 2005, directing the respondent to pay a consolidated monthly maintenance at the rate of rs.10,000/- to the 1st petitioner and rs.5,000/- each to the petitioners 2 and 3, pass a residence order under section 19 of the act directing the respondent to accommodate the petitioners in the shared household or to provide an alternate residence for the petitioners or pay them an amount of rs.15,000/- monthly rentals for residential ..... ext.p2 is the interim application submitted by the petitioners seeking an order allowing the petitioner and her children to reside in the matrimonial home of the 1st petitioner in ..... of the situation, there will be a direction to the judicial first class magistrate's court-i, aluva to consider and dispose of ext.p2 petition for interim order after affording an opportunity of being heard to both sides within a period of one month from today. ..... has no source of income other than the interim maintenance ordered by the family court for the children.4. ..... 3809 of 2013 (q) --------------------------------------- against the order/judgment in mc572013 of judicial first class ..... submitted that at the time of separation of the 1st petitioner and the respondent, the 1st petitioner was having sufficient source of maintenance whereas she lost her employment on account of the highhanded interference from the side of the respondent. .....

Dr. Preceline George Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT454

..... what is the procedure to be adopted by a magistrate while dealing with an application filed under section 12 of the protection of women from domestic violence act, 2005? ..... ext.p2 ex parte order was passed under section 23(2) of the protection of women from domestic violence act (hereinafter referred to as the act) without notice to the petitioner directing him not to enter into the compound of the house of the parents of the second respondent wife and also directing him to pay rs. ..... under clause (c) of sub-rule (2) of rule 12 of the protection of women from domestic violence rules, for serving notice under section 13 of the act, the provisions of order v of code of civil procedure is made applicable. ..... sub-section (2) reads:(2) if 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.rule 12 of the protection of women from domestic violence rules, 2006 provides means of service of notices. .....

Muhammed Nazeer Vs. State of Kerala

Court : Kerala

..... along with annexure-6 the aggrieved person has also filed annexure-i crl.m.c.no.2036 of 2013 :-4-: affidavit in support of the petition under section 23(2) of protection of women from domestic violence act, 2005. ..... ------------------------------------------ crl.m.c.no.2036 of 2013 ------------------------------------------- dated this the 16th day of august, 2013 order the petitioners are respondents in m.c.no.59 of 2013 pending before the judicial first class magistrate court-i, changanassery which is a proceedings instituted at the instance of the second respondent herein, under section 12 of the protection of women from domestic violence act, who is the alleged divorced wife of the first petitioner and the daughter-in-law of petitioners 2 and 3. ..... crl.m.c.no.2036 of 2013 :-7-: thus, according to me, considering the object sought to be achieved by the act 43 of 2005, this court will not be justified in interfering either with the interim order now passed by the trial court or the proceedings pending therein. ..... it appears that after having considered the case put forwarded by the aggrieved person namely, the second respondent, the learned magistrate has passed annexure-5 order restraining the respondent from forcibly ousting aggrieved person from the shared household and also from causing any sort of disturbance to her while residing in it peacefully. ..... it is also ordered to obtain form-i report from the probation officer. .....