Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 18 protection orders Court: rajasthan Page 1 of about 24 results (0.132 seconds)

Sarita (Smt.) Vs. Smt. Umrao

Court : Rajasthan

Reported in : 2008(1)WLN359

..... magistrate as well as the appellate court held that as per provisions of section 2(q) of the protection of women from domestic violence act, 2005, only a male person could be treated as respondent, thus smt. ..... withdrew proceedings against the respondents under the protection of women from domestic violence act, 2005 by not treating them as 'respondents' being women. ..... ' as defined under section 2(q) of the act of 2005 reads as follows:'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. ..... from a plain reading of the proviso to section 2(q) of the act of 2005, it is apparent that a complaint by a wife or a female living in relationship in the nature of marriage may also file a complaint against a relative of ..... the contention of counsel for the petitioner, while giving challenge to the orders impugned, is that the courts below while withdrawing proceedings against the respondents failed to appreciate that proviso to section 2(q) of the act of 2005 in most unambiguous term prescribes that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner and in the instant matter ..... 5, jodhpur and the order passed by additional sessions ..... order ..... by his order dt. ..... accepting the appeal preferred to the extent it affirms the order dt. ..... to challenge the order dt. .....

Vijay Singh and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2009(2)WLN160

..... it is contended by learned counsel for the petitioners that firstly as per section 2 (q) of the protection of women from domestic violence act, 2005 (for short 'the act of 2005 hereinafter), the female petitioners cannot be made respondent in a proceeding initiated by respondent no. ..... the expression 'respondent' has been defined in section 2 (q) of the act of 2005 which provides that the 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: provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.5. ..... 5 ratan kanwar are concerned, they being female members, therefore, keeping in view the definition of respondent in section 2 (q) of the act of 2005, the proceeding against them may be quashed, but so far as the petitioners no. ..... 2 under the act of 2005 at bheem is not maintainable.4. ..... be, within the local limits of which-(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or(b) the respondent resides or carries on business or is employed; or(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. ..... (2) any order made under this act shall be enforceable throughout india.6. ..... , the order dt. .....

Anwar Vs. Mrs. Shamim Bano and Another

Court : Rajasthan

Reported in : 2012CrLJ2552

..... despite passing of the order by the family court granting maintenance to the child, the respondent no.1 also avail the remedy of filing application under section 12 of the protection of women from domestic violence act, 2005. ..... thereafter the respondents filed application for interim maintenance under section 12 of the protection of women from domestic violence act, 2005 before the court of judicial magistrate no.4 kota. ..... 04/08 wherein the same relief has been sought by the non-petitioners by way of application under sections 12, 22, 23, 23(2) of the protection of women from domestic violence act, 2005 whereas the application for interim maintenance under section 125 cr.p.c. ..... this talaqnama is still to be proved by the petitioner in the appropriate court of law as per muslim law and if interim maintenance is granted to the respondent under the protection of women from domestic violence act, the same cannot be said to be illegal or perverse as the respondent no.1 is entitled to receive interim maintenance in view of the judgments of the apex court. 10. ..... if the divorced muslim lady unable to maintain herself, she can claim under section 3 of the muslim women (protection of rights on divorce) act, 1986 during iddat period and under section 4 of the act a divorce muslim lady is entitled for maintenance after iddat period. .....

Dr. Rajneesh Rajpurohit Vs. Savita and anr.

Court : Rajasthan

Reported in : AIR2008Raj119

..... making laws for women's empowerment, by making laws, the law of maintenance for women is not only as it was but some more rights have been given to the women under the protection of women from domestic violence act, 2005. ..... amendments radical changes have been made in hindu personal law which gave several rights to the hindu women including conversion of their limited right to property into full ownership right and now share in the ancestral property by amendment in section 6 of the hindu succession (amendment) act, 2005 by which hindu daughter has been placed at par with hindu son to inherent even coparcenary and ancestral ..... 1 the wife of the petitioner, is not entitled to claim any maintenance, whether in view of the order passed under section 24 of the hindu marriage act which was passed in divorce proceedings between the parties, the pleas raised by the non petitioner are barred by principle of res judicata, whether the petition filed by the non-petitioner applicant wife deserves to ..... it is submitted that even order passed under section 24 of the hindu marriage act is res judicata and, therefore, non petitioner is not entitled to raise and agitate issue about her inability in ..... fact can be accepted as fact admitted by the non-petitioner and there is no reason to discard the copy of the order placed on record by the petitioner along with the application filed under section 151. c.p.c. ..... petitioner and his 11 family members as well as the order passed by this court in section b. .....

Jyoti @ Rashmi Vs. Manoj Kumar and ors

Court : Rajasthan Jodhpur

..... & judicial magistrate, jodhpur district, jodhpur by which he has rejected the application of the petitioner under section 23 of the protection of women from domestic violence act for granting the maintenance allowance and other relief. ..... learned counsel for the respondent has very fairly conceded to the firs.prayer for modification of the order vide which the travelling expenses are granted only qua the petitioner and states that the respondent-husband has no objection to the payment of travelling expenses for another person who will accompany the ..... (oral).this is revision petition under section 397 of the cr.p.c.against the order dated 25.06.2011 passed by learned additional sessions judge (fast track) no.3, jodhpur whereby the learned judge has rejected the appeal of the petitioner and against the order dated 25.11.2009 passed by civil judge ..... counsel for the petitioner raised two prayers before the trial court in the proceedings under the domestic violence act, 2005. ..... it is admitted by the learned counsel for the parties that the total travelling expenses as ordered by the trial court towards rail fare/deluxe bus charges for one person is rs.1400/- both ..... & judicial magistrate, jodhpur district, jodhpur as well as for setting aside the order vide which the interim maintenance has been rejected. ..... there is nothing wrong in the order passed by the trial court rejecting the prayer on the ground that the family court, surat has already ordered rs.5,000/- as interim maintenance to the .....

Smt. Seema Kanwar Vs. Karan Vijay Singh

Court : Rajasthan Jodhpur

..... it is, inter alia, indicated in the application that on account of matrimonial disputes, the petitioner initiated proceedings by way of filing fir at jodhpur, application under section 23 of protection of women from domestic violence act, 2005 and proceedings under section 125 cr.p.c. ..... seema kanwar versus karan vijay singh date of order :: 26.09.2014 present hon'ble mr.justice arun bhansali mr.h.m.saraswat, for the petitioner. ..... seema kanwar) pending before the family court no.1, jaipur is ordered to be transferred to the family court no.1, jodhpur. ..... pending before courts at jodhpur, the petitioner being a woman is required to be escorted for her appearance at jaipur, which results in huge inconvenience to her and her family members and, therefore, the proceedings pending at jaipur may be ordered to be transferred to the family court, jodhpur. ..... 1 in the high court of judicature for rajasthan at jodhpur :order: s.b.civil transfer petition no.18/2014 smt. ..... a certified copy of this order be immediately transmitted to the respondent by the office. ..... the parties are directed to remain present before the family court no.1, jodhpur on 21.11.2014 (the date indicated by the learned counsel for the petitioner as the date fixed in proceedings under section 125 cr.p.c. .....

Madhu Bala (Smt.) Vs. Pritam Kumar Rao

Court : Rajasthan

Reported in : RLW2009(1)Raj827

..... brief facts of the case are that petitioner submitted an application under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act of 2005'). ..... the petitioner being aggrieved with the order dated 18.2.2008 passed by the appellate court has preferred instant revision petition.5 ..... the respondent being aggrieved with the order dated 24.9.2007 preferred an appeal in the appellate court ..... from a bare perusal of the facts of the case and the material made available to me it is clear that the appellate court has not properly considered the facts of the case as also the material made available to me and erred in reducing the amount.in the result, this criminal revision petition is partly allowed and the order dated 18.2.2008 passed by the addl ..... thus, the impugned judgment passed by the appellate court be modified and the order passed by the trial court be maintained.7. mr. ..... 4, jaipur city, jaipur (for short 'the appellate court') whereby he partly allowed the appeal and modified the order dated 24.9.2007 passed by the addl. ..... by filing instant revision petition the petitioner has challenged the order dated 18.2.2008 passed by addl. ..... the order passed by appellate ..... rest of order passed by the appellate court is ..... per day, although the respondent is involved in running business of plying 3 vehicles and the income from transportation of vehicle is quite large. ..... trial court has rightly passed the order. ..... respondent shall make payment of this amount from 18.2.2008 i.e. .....

Smt.Sabana @ Chand Bai and anr Vs. Mohd.Talib Ali and anr

Court : Rajasthan Jodhpur

..... would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected.18. ..... section 18 of the act empowers the magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified acts entering the place of employment, or school in case of child of aggrieved person, attempting to communicate the aggrieved person, alienating any assets or operating bank accounts and bank lockers used or enjoyed by both the parties or singly by the respondent, causing violence to the dependents or other relatives of ..... a clear distinction has been drawn in the proceedings under section 12 and sub-section (2) of section 23 and the proceedings for offences under section 31 & 33 of the act, obviously, for the reason that the remedy as provided under section 12 for the reliefs to be claimed in terms of section 18 to 23 are not the penal proceedings whereas, the proceedings initiated under section 31 & 33 are penal proceedings inasmuch as, the breach of protection order and failure on the part of protection officer in discharging the duties as directed by the magistrate .....

Ramniwas Vs. Smt. Seema

Court : Rajasthan

..... seema filed an application in the trial court under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') along with an application for interim maintenance under section 23(2) of the act. ..... learned trial court vide its order dated 12.01.2010, allowed the application and directed that she will be entitled to get rs. ..... being aggrieved with the same, petitioner filed an appeal but the same has been dismissed by the additional district judge(fast track), mahwa, district dausa vide judgment and order dated 04.03.2011. ..... assigned by the courts below for awarding interim maintenance in favour of respondent and after considering the same, i find that both the courts below have assigned cogent reasons for allowing the application under section 23(2) of the act. .....

Dhanraj Vs. Smt.Kavita

Court : Rajasthan

..... submission of learned counsel for petitioner is that respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (for short act of 2005), which was dismissed by judicial magistrate, ramgunjmandi, kota vide its order dated 15th december, 2007, therefore, respondent was not entitled for any maintenance ..... it is submitted that maintenance could have been granted under section 12 of the act of 2005 also, but since her application was dismissed, therefore, court below committed an illegality in allowing the application under section 125 crpc. 4. ..... the course of arguments, learned counsel for petitioner admits that both the proceedings are separate proceedings, separate evidence was recorded in both the cases, no amount of maintenance was awarded under section 12 of the act of 2005. 5. ..... from the order dated 15th december, 2007, it is clear that a reference was given of present application under section 125 crpc for grant of ..... case no.650/2005, whereby an application filed by respondent/ wife under section 125 crpc for grant of maintenance was allowed and non-applicant/petitioner/husband was directed to pay a sum of rs.1500/- per month towards maintenance to wife with effect from 1st march, 2008. ..... both the proceedings are separate and separate evidence was recorded in both the cases, therefore, even if, application under section 12 of the act was dismissed, the same cannot be a ground to reject the application under section 125 crpc. 6. .....