Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 18 protection orders Court: mumbai Page 1 of about 115 results (0.072 seconds)

Abhijit Bhikaseth Auti Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2009CriLJ889

..... following questions arise for consideration in this petition:(i) whether an order passed on an application made under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the said act') is appealable under section 23 of the said act? ..... the reliefs which can be granted on an application under section 12 the said act can be broadly classified as under:(i) protection orders under section 18 which are for preventing the respondent from committing an act of domestic violence;(ii) residence orders under section 19;(iii) monetary relief under section 20 which includes maintenance, loss of earnings, medical expenses and loss caused due to destruction, damage or removal of any property from the control of the aggrieved person;(iv) custody orders under section 21 dealing with temporary custody of any child or children to the aggrieved person or visitation .....

SachIn Vs. Sau. Sushma

Court : Mumbai Nagpur

..... sub-section (2) of section 28 of the protection of women from domestic violence act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the protection of women from domestic violence act, 2005. ..... in my considered opinion, the procedure laid down under section 125(3) of the code of criminal procedure for getting compliance of the orders passed by the magistrate under section 125(1) of the code will have to be followed for executing the orders passed by the magistrate under section 20 (monetary reliefs) of the protection of women from domestic violence act, 2005. ..... it appears from the order of the learned magistrate that the learned magistrate was of the view that he could formulate his own procedure under section 28(2) of the protection of women from domestic violence act, 2005. ..... the respondent has filed an application under section 12 of the protection of women from domestic violence act, 2005 before the learned magistrate. ..... sub-section (2) of section 28 of the protection of women from domestic violence act, 2005 reads as under:- 28(2). ..... the reliefs available under section 125(1)(a) of the code of criminal procedure are analogous to the reliefs available under section 20 of the protection of women from domestic violence act, 2005. .....

Amit Satish Shah Vs. Archana Amit Shah and Another

Court : Mumbai

..... further, the family court had no jurisdiction in making the impugned order even before the main application under section 12 of the protection of women from domestic violence act, 2005 (d.v. ..... act provides that while disposing of an application under sub section (1) of section 12, the magistrate may, on being satisfied that the domestic violence has taken place pass a residence order. ..... there is no question of awaiting the disposal of the main proceedings under the hindu marriage act, 1955 and only at that stage making a residence order in terms of section 19 of the d.v. ..... sarnaik, learned counsel for the respondent submitted that the impugned order has been made in the proceedings instituted by the petitioner under section 13 of the hindu marriage act, 1955. ..... therefore, in making orders under sub section (1) of section 19 of the d.v. ..... in such circumstances, there was no bar to making of a residence order under section 19 of the d.v. ..... kapre submitted that residence order under section 19 of the d.v. ..... act enables an aggrieved person or protection officer or any other person on behalf of the aggrieved person to present an application to the magistrate to seek one or more reliefs under the d.v. ..... in such proceedings, the respondent has made an application under section 24 of the hindu marriage act, 1955 read with section 19 of the d.v. .....

Imran Khan Vs. Sobiya Tabassum

Court : Mumbai Aurangabad

..... had also initiated proceedings under the provisions of protection of women from domestic violence act, 2005 etc. ..... trial court rendered findings that the appellant is not entitled for relief of custody claimed under section 25 of the act of 1890 and rejected the petition by impugned judgment and order, which is agitated in this appeal. 7. ..... is directed against judgment and order dated 31st october, 2015, passed by learned judge, family court, nanded, in petition no.d-03 of 2014, rebuffing the relief of custody of minor son, namely, "umarkhan" claimed under section 25 of the guardians and wards act, 1890 (for the sake of brevity hereinafter referred to as "act of 1890"). 2. ..... the law contemplates that while determining issue of custody of minor child under section 25 of the act mere status of father as natural guardian would not itself be significant for favourable order in the proceedings. ..... words "may make an order" incorporated in aforesaid provision of section 25, itself demonstrate that enquiry should be held by the court before passing any order for custody of the child ..... title of guardian to custody of ward - (1) if a ward leaves or is removed from the custody of a guardian of his person, the court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return, and for the purpose of enforcing the order, may cause the ward to be arrested and to be delivered into the custody of the guardian. (2) ... (3) .....

Gurmit Singh Bagga and Others Vs. Indrajit Kaur Bagga and Another

Court : Mumbai

..... 1 has independently filed proceedings under the protection of women from domestic violence act, 2005 before the family court, the then civil judge, jr divn. ..... being aggrieved by the said order, the appellants preferred appeal u/s 29 of the protection of women from domestic violence act before the sessions court, pune. ..... in view of this, the instant petition deserves to be dismissed on the sole ground that the order impugned was already challenged before this court and this court has dismissed the petition on merits. ..... 1 has objected the very maintainability of the writ petition with contention that the order impugned was already challenged by the petitioners before this court by filing writ petition no ..... 1 has objected the maintainability of the petition on the ground that the order impugned was already challenged and writ petition already dismissed by this court, it is necessary to consider the issue in respect of the maintainability of the instant petition before considering the merit of the petition ..... 30/1/2014 passed against the said order by additional sessions judge, pune in criminal appeal no ..... 4853 of 2012 as well as the copy of the order dt 15/4/2014 passed in writ petition no. ..... being aggrieved by the said order, the petitioners have filed the present petition. 5 ..... 1 filed an application as contemplated under order i rule 10(2) of civil procedure code, to join the present petitioners no ..... petitioners have challenged the order on the various grounds as set out in detail in the petition .....

Twinkle Jatin Khanna @ Twinkle Akshay Kumar Vs. Anita Advani

Court : Mumbai

..... the applicant and her family members before the learned metropolitan magistrate under the provisions of the protection of women from domestic violence act 2005. ..... senior counsel that the respondent had already made a separate application for copy of the probate before the learned metropolitan magistrate which proceedings are stayed by this court, learned prothonotary could not have passed an order for issuance of certified copy of the probate proceedings is concerned, a perusal of the record indicates that the application before the learned metropolitan magistrate made by the respondent for copy of the ..... office submission made to that effect as per the prevalent practice and procedure and after going through the contents of the affidavit of the respondent made in support thereof and after being satisfied has passed an order for issuance of certified copy only of the papers and proceedings and not the probate. 25. it is not in dispute that the applicant had filed an objection before the prothonotary and senior master ..... case of krishnakumar birla vs rajendra singh lodha (2008) 4 scc 300 in support of his submission that even if petition is filed under section 263 of the indian succession act by the respondent she will have no right to file such petition and thus the learned prothonotary and senior master could not have passed an order for issuance of the certified copies of the proceedings in favour of the respondent. 14. it is submitted by the learned senior counsel that even .....

Sabita Mark Burges Vs. Mark Lionel Burges

Court : Mumbai

..... the specific statutory provision in india has been under section 19(1)(b) of the protection of women from domestic violence act, 2005 (d.v.act) in which various injunctions are granted in favour of a woman in respect of her residence titled residence orders . ..... (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) 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 ..... section 19 of the d.v act came to be enacted in the first place granting essentially the wives/women peace against domestic violence in their residence, their title notwithstanding. .....

Ambreen Akhoon Vs. Shri Aditya Aurn Paudwal and Another

Court : Mumbai

..... court was filed for divorce under the special marriage act, 1954 r/w protection of women from domestic violence act, 2005 (for the sake of brevity, hereinafter referred to ..... law as to whether any relief can be sought against the relative of the respondent husband in the proceedings filed under section 26 of the protection of women from domestic violence act before the family court? 3. ..... or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person; (c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them; (d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship; (e) a suit or proceeding for a declaration as to the legitimacy of any person; (f) a suit or proceeding for maintenance; (g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, ..... the learned judge of the family court heard the matter and passed a reasoned order by which application under section 9a with order 1 rule 10 of the civil procedure code was allowed and inter alia the preliminary issue is framed as to whether the petitioner has proved that respondent no.2 is a ..... therefore, an application was moved by respondent no.2, the mother-in-law, under section 9a and order 1 rule 10 of the civil procedure code for deleting the party on ..... and the application under order 1 rule 10 alongwith section 9a was preferred. 8 .....

Rajendra D. Seth Vs. Rekha Jha Alias Rekha R. Seth

Court : Mumbai Goa

..... an application has been filed by the applicant under section 12 of the protection of women from domestic violence act, 2005 (the act? ..... considering the entire material on record, the learned trial magistrate, by order dated 16.01.2012, held that prima facie it was shown that the applicant and the opponent are in domestic relationship with each other and that the applicant has been subjected to domestic violence by the opponent. ..... (6) upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the magistrate may direct the employer or a debtor of the respondent, to directly pay the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, ..... any child of the aggrieved person as a result of the domestic violence and such relief may include, but 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 any order of maintenance under section 125 of the code of criminal procedure, 1973 (2 of 1974 ..... in view of the discussion supra, i hold that the part of the order insofar as grant of monetary relief of rs.1,000/- per month, each to the children of the applicant is concerned, is liable to be quashed and set .....

Puja Prasad Patankar Vs. State of Maharashtra and Others

Court : Mumbai

..... petitioner has filed summary criminal case no.57 of 2012 under section 25 of the protection of women from domestic violence act, 2005 ("the act" for short) against respondent no.3, the husband. 2. ..... respondent no.2 thereupon filed the application at exhibit 26 for setting aside the order contending that she being the exclusive owner of the flat and the flat never being the shared household, the petitioner had no right of residence ..... -wife files this petition under article 227 of the constitution of india and under section 482 of code of criminal procedure to challenge the order dtd. ..... , 2015 passed by the sessions court, kolhapur dismissing her criminal appeal no.38 of 2013 preferred against the order of the trial court dtd.4th june, 2012. ..... the appeal was dismissed by the order dtd.6th february, 2015 taking note of the fact that there is material to show that the petitioner was residing in government quarters till the year 2011 and as on the date of her application, ..... contention, the trial court allowed the application by it's order dtd.4th june, 2012. ..... extension of the ad-interim orders for some time. ..... of the established facts, i find no infirmity whatsoever with the orders impugned in the petition. ..... being aggrieved by the order, the petitioner filed criminal appeal no.38 of 2013 in the district court ..... , 2013 held that the petitioner had always resided in the government quarter allotted to her and the flat at vrundavan was never a shared household and vacated the order passed earlier. .....