Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 18 protection orders Court: madhya pradesh Page 1 of about 18 results (0.188 seconds)

Tehmina Qureshi Vs. Shazia Qureshi

Court : Madhya Pradesh

Reported in : 2010(1)MPHT133

..... facts in nutshell giving rise to this petition are that respondent has filed one application under section 12 of protection of women from domestic violence act, 2005 (in brevity 'the act of 2005') against petitioner and others in the court of jmfc, gwalior. ..... learned counsel for the respondent vehemently opposed the application and submitted that while disposing of the application under sub-section (1) of section 12 of the act of 2005, magistrate may on being satisfied that domestic violence has taken place, pass a residence orders vide section 19 of the act:(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) directing the respondent ..... to remove himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which .....

Razzak Khan and ors. Vs. Shahnaz Khan

Court : Madhya Pradesh

Reported in : 2008(4)MPHT413

..... 23/2007 order dated 29-9-2007 by learned jmfc jabalpur in proceeding under section 9(b), 37(2)(c) of protection of women from domestic violence act, 2005 (in short 'act 2005') whereby these revisions have ..... wife shahnaz khan in view of section 19(1)(f) of the 'act 2005' in the alternative husband ramzan khan is directed to secure same level of alternate accommodation for shahnaz khan as enjoyed by her in the shared house with the help of protection officer or he will pay rs. ..... and directed protection officer for providing accommodation in the ancestral house of husband under section 19(1)(f) of the 'act 2005' and ..... -(a) 'aggrieved person' means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;(f) 'domestic relationship' means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of ..... any such illegality, irregularity or perversity in the impugned order to interfere in these revision petitions except modification as provided in section 19(1)(f) of the 'act 2005'.with this modification, both revisions are dismissed. ..... further section 2 of 'act 2005' defines 'aggrieved persons' and 'domestic relationship' and 'shared ..... from the date of application and also demanded adequate compensation in terms of section 20 and 22 of 'act 2005 .....

Ajay Kant and ors. Vs. Smt. Alka Sharma

Court : Madhya Pradesh

Reported in : 2008CriLJ264; I(2008)DMC1; 2007(4)MPHT62; 2007(4)MPLJ193

..... learned magistrate had issued notice to the petitioners on an application filed by the respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act').2. ..... 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.section 31. ..... vide sub-sections (3) and (4) of section 19, it is also provided that a magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence and such order shall be deemed to be an order under chapter viii of the code of criminal procedure, 1973 and shall ..... 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 .....

Madhusudan Bhardwaj and ors. Vs. Mamta Bhardwaj

Court : Madhya Pradesh

Reported in : 2009CriLJ3095

..... 2007, whereby the learned magistrate has partly allowed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act') filed by respondent-mamta bhardwaj, the wife of the petitioner ..... it is true that the opening words of the section 18 are that- 'the magistrate may, after giving the aggrieved person and 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...'. ..... 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)to(g)....section 28. ..... things are required before passing an order in favour of the aggrieved person; (1) opportunity of hearing to the parties, and (2) on being prima facie satisfied with regard to happening of the domestic violence or likely to happen thereof. ..... viii, which deals with security for keeping the peace and for good behaviour, (2) chapter ix, which deals with order for maintenance of wives, children and parents, (3) chapter x, which deals with maintenance of public order and tranquility, and (4) chapter xviii to chapter xxix, which provide different procedures for trial of different offences. .....

Sunil @ Sonu Vs. Sarita Chawla (Smt.)

Court : Madhya Pradesh

Reported in : 2009(5)MPHT319

..... short facts of the case are that the respondent filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (no. ..... word respondent has been defined in sub-section (q) of section 2 of the act, which reads as under:(q) 'respondent' means any adult male person who is, or has been in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act.learned counsel submits that the protection order can be passed under section 18 of the act, which empowers a magistrate to pass a protection order in favour of the aggrieved person and prohibit the respondent for committing any act of domestic violence. ..... section 18 of the act empowers the court for passing a protection order against a respondent, who commits any act of domestic violence. ..... -section (a) of section 2, which reads as under:(a) 'aggrieved person' means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.learned counsel submits that similarly the word protection order has been defined under sub-section (o) of section 2 as under:(o) 'protection order' means an order made in terms of section 18.learned counsel submits that since no protection order has been passed by the learned court below, whereby the petitioners have been prohibited from committing any act of domestic violence .....

Shiv Kumar Trivedi Vs. Smt. Uma Trivedi

Court : Madhya Pradesh

..... brief facts relating to the present revision are that the respondent uma trivedi has moved an application under sections 12, 18, 19 and 20 of the protection of women from domestic violence act, 2005 (hereinafter referred to as act, 2005 .). it 2 cr.r. ..... the learned additional sessions judge bhopal vide judgment dated 30.7.2011 modified the order passed by the learned jmfc bhopal and directed to handover the possession of the remaining room to the respondent uma trivedi within two months ..... under such circumstances, if the learned additional sessions judge has modified the order passed by the learned jmfc bhopal, then no illegality or perversity has been committed by the appellate court ..... the applicant did not prefer any appeal against that order, on the contrary the respondent uma trivedi preferred an appeal before the sessions court, ..... ----------------------------------------------------------------------------------- order (passed on the 21st day of february, 2013) by this criminal revision the applicant has challenged the order dated 30.7.2011 passed by the 12th additional sessions judge, bhopal in criminal appeal no.184/2011 whereby the order dated 28.3.2011 passed by the jmfc (shri manot kumar sharma) bhopal in mj.no.15/2010 was modified that the applicant shall vacate the entire premises belonging to the respondent ..... he is aggrieved with the order passed by the learned additional sessions judge bhopal, and therefore it is to be discussed in the present matter about the one room .....

Bhaskar Mishra Vs. Smt. Shailja Mishra

Court : Madhya Pradesh

..... no.16/2013 pending before the jmfc rewa relating to section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as special act .).2. ..... learned counsel for the applicants has placed his reliance upon the various judgments and orders of hon'ble the apex court and the single benches of this court, however those are related for the offence punishable under section 498-a of ipc and other offences, but the proceedings under section 12 of the special act are different. ..... support of his contention, the learned counsel for the applicants has placed his reliance upon the order passed by the single bench of this court in the case of ajay kant sharma vs. ..... the reasons for quashing the fir, the learned counsel for the applicants has placed his reliance upon the orders passed by the single benches of this court in the cases of dasrath p. ..... applicant no.1 is paying maintenance to the respondent as per the order passed in the proceeding under section 125 of cr.p.c. ..... in the light of the aforesaid judgment, it appears that the order passed by the single bench of this court in the case of ajay kant sharma (supra) is per inqurium, and therefore it cannot be applied at this ..... ----------------------------------------------------------------------------------- order (passed on the 4th day of october, 2013) by the instant petition under section 482 of ..... a copy of this order be sent to the trial court for information and ..... the interim order dated 16.5.2013 is automatically .....

Abhijit Vs. Dr. Smt. Aruna Tripathi

Court : Madhya Pradesh

..... versus abhijeet tripathi & others.is case under section 22 of the protection of women from domestic violence act, 2005, (2) complaint case no.662/2010 (smt. ..... matrimonial matter under section 13 of hindu marriage act from indore and under section 9 of hindu marriage act from mandla have been transferred by this court to the court of family judge, jabalpur ..... versus abhijeet tripathi & others.is case under section 498a ipc read with section 3/4 dowry prohibition act, and (3) complaint case no.1113/2010 (smt ..... versus abhijeet tripathi & others.under section 406 ipc read with section 6 of dowry prohibition act. 2. ..... ground is made out under section 407 cr.p.c for transferring these cases ..... 03/2013 date of order : /03/2013 this order shall govern the disposal of aforesaid three m.cr.cs, in which common prayer has been made to transfer criminal cases from court of c.j.m, mandla to court of c.j.m.jabalpur on the ground of convenience of ..... for transferring a case from one court to another comparative inconvenience of the parties should be taken ..... transfer of aforesaid cases from court of mandla to jabalpur sought mainly on the ground that accused ganeshdatt tripathi, aged 79 years and lady sushma tripathi, aged 46 years are resident of indore having no direct mode of communication to attend dates ..... careful comparative consideration regarding conveniences of the parties, in respect of trials of aforesaid cases, it seems not feasible and appropriate to transfer these cases from mandla to jabalpur. .....

Ajay Sharma Vs. Smt. Archana Sharma

Court : Madhya Pradesh

..... her grievance, the respondent filed the application under section 12 of the protection of women from domestic violence act 2005. ..... or mother, at such monthly rate, as such magistrate thinks fit, and to pay the same to such person as the magistrate may from time to time direct: 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 allowance for the interim maintenance of his wife or such child, father or mother, and the expenses ..... of such proceedings which the magistrate considers reasonable,and to pay the same to such person as the magistrate may from time to time direct: provided also that an application of the monthly allowance ..... expenses for proceeding under the second proviso shall ,as for as possible , be disposed of within sixty days from the date of the service of the notice of the application to such person,] sec.127(1)- [on proof of a change in these circumstances of any person, receiving under section 125 a monthly allowance for the maintenance or interim maintenance or ordered under the same section to pay a monthly allowance for the maintenance or interim maintenance to his wife child, father, or mother .....

Smt. Aarti Pandey Vs. Varun Pandey

Court : Madhya Pradesh

..... he further said that besides this, the petitioner has also initiated the proceedings against the respondent under section 23 of protection of women from domestic violence act,2005 (in short `the act') in the court of jmfc jabalpur and on consideration of some interlocutory application in such case, the respondent has been directed to pay rs.3000/- per month to the petitioner as maintenance. ..... sum of maintenance received in such case should be adjusted in the other cases and, in such premises, if the respondent has been directed to pay rs.3000/- per month to the petitioner in the proceedings of the act by the jmfc then even after passing the order in the present matter under section 24 of the hindu marriage act, the trial court as well as of the court are bound to give 4 w.p.no.1404 of 2013 direction to adjust such sum in the sum awarded by jmfc. ..... on the other hand, respondent's counsel by referring the averments of the impugned order said that the trial court has not committed 2 w.p.no.1404 of 2013 any error in passing the impugned order by relying on the alleged agreement which has taken place between the parties before filing the petition. ..... if for any reason such amount is not paid by the respondent under the proceedings of the act then the petitioner shall be at liberty to recover the sum of the interim alimony on the basis of this order from the respondent.12. .....