Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 18 protection orders Page 10 of about 1,231 results (0.279 seconds)

Brijesh Kumar Gupta Vs. Shikha Gupta and Anr.

Court : Delhi

..... during the course of hearing, attention of this court was drawn to various interim orders passed by different benches of this court whereby statutory appeal under section 29 of the protection of women from domestic violence act, 2005 have been directed to be heard upon deposit of 50% of the maintenance amount. ..... justice sunil gaur judgment (oral) % impugned order of 18th december, 2012 entertained petitioner s appeal under section 29 of the protection of women from domestic violence act, 2005 subject to deposit of arrears of maintenance, as granted by the trial court while permitting petitioner to deduct the amount of `92,000/- from the amount due. ..... the challenge to the impugned order of 18th december, 2012 is on the ground that no pre- condition can be imposed for hearing a statutory appeal under section 29 of the protection of women from domestic violence act, 2005. ..... attention of this court was also drawn to sub-rule (5) of rule 6 of the protection of women from domestic violence act, 2006 which mandates that application under section 12 of the protection of women from domestic violence act, 2005 shall be dealt with in the same manner as laid down in section 125 of the code of criminal procedure. ..... prashant ojha whereby time bound directions have been issued to the appellate court to hear the appeal under section 29 of the protection of women from domestic violence act, 2005 on merits without any pre-condition. .....

Kishor S/O Shrirampant Kale Vs. Sou. Shalini W/O Kishor Kale,

Court : Mumbai

Reported in : 2010(112)BomLR1398

order(i) rule is, therefore, made absolute and it is held that misc. criminal complaint case no. 314/2007 before the judicial magistrate first class, court no. 5, amravati under section 12 r/w sections 19 and 20 of the protection of women from domestic violence act, 2005 is not maintainable and is thus quashed and consequently, all the orders passed in the said complaint by the courts below are quashed.no order as to costs.

Bhupender Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

..... 1.by the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent.6. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service provider. ..... the order dated 5th november, 2009 of learned mm shows that before serving notice to the respondent, the learned mm did not take into consideration anything and did not even consider the contents of the application and did not try to find out as to whether respondents mentioned in the application satisfied the definition of respondent under section 2(q) of domestic violence act. .....

Dr. Kavita Chaudhri Vs. Ms. Eveneet Singh and Another

Court : Delhi

..... of the judgment debtor from the premises in question would be in clear violation of the right of the woman granted under the protection of women from domestic violence act, 2005. 4) mr. ..... commensurate to the status of the wife any order passed by this court in the present execution case seeking eviction ..... on two grounds; first that the said orders dated 20th december, 2010 and 29th april, 2011 are not in the nature of a decree executable in terms of order xxi cpc and secondly that her husband has not secured the same level of alternative accommodation for the judgment debtor as is being enjoyed by her in the matrimonial home in terms of section 19(f) of the protection of women from domestic violence act, 2005 and until such an accommodation is made available .....

Dr.K.J.Mathiyalagan Vs. Miss.Dhivya

Court : Chennai

..... judge, after hearing the arguments of the appellants / revision petitioners and the respondent herein, partly allowed the appeal, by modifying the order dated 23.06.2011 passed by the xvii metropolitan magistrate, saidapet, in crl.m.p.no.1945 of 2010, for alternate accommodation under section 19 of the protection of women from domestic violence act, 2005 instead of the relief of shared household granted under section 17 of the said act and directed the appellants / revision petitioners to pay a sum of rs.15,000/- towards rent to the respondent herein with effect ..... learned judge had assigned the reason that alternate accommodation should be given as per section 19 of protection of women from domestic violence act, 2005, instead of the relief of the shared house hold granted under section 17 of the said act, and as such, the above order has been passed, which is sustainable under law.17. ..... the learned appellate judge ordered accommodation as per section 19 of protection of women from domestic violence act, 2005, which is not relevant in the instant case as even as per the contentions of the respondent, she is an illegitimate child of the first revision ..... , the learned magistrate passed an order granting the relief under section 17 of the protection of women from domestic violence act, 2005 for shared household.7. ..... the above discussions, this court considers that in the language of section 17, and 19 (f) of the protection of women from domestic violence act, 2005, it is seen that "17. .....

Savitri Devi Vs. Manoj Kumar and anr

Court : Delhi

..... reliance is also placed on the order of sh.rakesh kumar yadav, jmic, sonepat dated 03.05.2012 in an application filed by defendant no.2 under section 12 of the protection of women from domestic violence act, 2005. ..... it is further stated that the present suit is barred under section 26 of the protection of women from domestic violence act, 2005. ..... defendant no.2 has also filed a case under the provisions of protection of women from domestic violence act, 2005 against the plaintiff and her husband. ..... similarly, the concerned court dealing with her application under section 12 of the protection of women from domestic violence act has concluded that in view of the fact that defendant no.2 is employed in the office of additional district and sessions judge, sonepat she could not have left station without prior ..... , 2012 (193) dlt 22.it is contended by the learned counsel that under the protection of women from domestic violence act, defendant no.2 has no right to reside in the suit property in which her husband has no right, title or ..... next issue raised by defendant no.2 is her rights under the protection of women from domestic violence act (hereinafter referred to as domestic violence act ). ..... the provisions of the protection of women from domestic violence act do not cover the property owned by the mother-in-law as in the present ..... view of the above legal position, the contention of defendant no.2 regarding her rights under the protection of women from domestic violence act cannot be accepted. .....

Mrs Neelam Manmohan Vs. Sri Manmohan Attavar Din 00053270

Court : Karnataka

..... hence, by way of this petition she seeks protection order under section 18, residence under section 19, to pay monetary relief under section 20 and to grant compensation or damages under section 22 of the protection of women from domestic violence act, 2005.6. ..... section 29 of the protection of women from domestic violence act, 2005 relates to preferring an appeal against the order passed by the magistrate as the appeal would lie within 30 days from the date of the order. ..... the interpretation given to the domestic relationship relating to the petitioner as well as the first respondent late manmohan attavar in the instant case, has not been established by the petitioner for seeking the relief under the provisions of the protection of women from domestic violence act, 2005. :36. ..... the following orders be passed under protection of women from domestic violence act2005 sec.17: right to reside in a shared household. ..... the petitioner in person has taken various contentions in this revision petition, against the order passed by the appellate court relating to the petition filed by her seeking relief under the domestic violence act, 2005. .....

Sukhjinder Singh Saini vs.harvinder Kaur

Court : Delhi

..... crl.rev.p.494/2015 page 1 of 8 harvinder kaur whereby the learned special judge has dismissed an appeal filed by the present petitioner under section 29 of the protection of women from domestic violence act, 2005 against the order dated 23.01.2015 passed by learned metropolitan magistrate-01, central district, tis hazari courts, delhi in cc. ..... aggrieved from the aforesaid order dated 23.01.2015 the petitioner preferred an appeal under section 29 of the protection of women from domestic violence act, 2005 before the learned sessions court and the learned special judge, cbi-03 (pc act), delhi vide order dated 07.05.2015 dismissed the appeal of the petitioner, i.e. ca no.04/15 ..... subsequently, the respondent/complainant filed an application under section 12 of the protection of women from domestic violence act, 2005 against the petitioner herein-sukhjinder singh saini (husband of the respondent/complainant), jaswinder kaur (mother-in law of respondent/complainant) and varinder kaur (sister in law of the respondent/complainant) along with an application under section 23 (2) of the dv act in the court of learned chief metropolitan magistrate, tis hazari courts, delhi in complaint case no.106 ..... is an admitted fact coming on record that the main application under section 12 of the protection of women from domestic violence act, 2005 is pending before the trial court. ..... 106/6/14 filed by the respondent- harvinder kaur under section 12 of protection of women from domestic violence act, 2005.2. .....

Rajat Johar vs.divya Johar

Court : Delhi

..... savita bhanot; (2012) 3 scc183 has observed that the conduct of the parties even prior to the coming into force of the protection of women from domestic violence act, 2005 could be taken into consideration while passing an order under sections 18, 19 and 20 of dv act thereof. ..... the monetary relief as provided under the protection of women from domestic violence act, 2005 is different from maintenance, which can be in addition to an order of maintenance under section 125 cr.p.c. ..... subsequently, on 17.07.2012 the respondent filed a petition under section 12 read with sections 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 against the petitioner, father-in-law and mother-in-law, along with an application for interim maintenance under section 23 of dv act in the court of chief metropolitan magistrate, saket courts, new delhi.5. ..... the brief facts stated are that, a petition under section 12 of the protection of women from domestic violence act, 2005 was filed crl.m.c. ..... the object of the protection of women from domestic violence act, 2005 is to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.15. .....

Himani Maini vs.chirag Maini

Court : Delhi

..... petition at hand involves interpretation of the provision contained in section 28 of the protection of women from domestic violence act, 2005, which reads thus:-" 28. ..... since the law, by virtue of section 28 (2), permitted the metropolitan magistrate to lay down own procedure , the view taken by the said court by order dated 10.04.2015 leading to the revival of the proceedings in the domestic violence case earlier filed cannot be faulted ..... respondent, feeling aggrieved, approached the court of sessions by revision petition (criminal revision no.12/2015) questioning the legality and propriety of the above-said order, his prime ground being that the magistrate had no power to restore the petition in which the proceedings had been earlier closed. ..... the opinion on the basis of which the revisional court set the said order at naught seems to be hyper-technical and, therefore, liable to be set ..... contention was upheld by the revisional court which allowed the revision petition, by order dated 22.07.2015, thereby setting aside the order dated 10.04.2015 of the magistrate.5. ..... nothing in this order, however, shall be construed as expression of opinion on the merits of the case of the petitioner or the contentions urged in defence by the ..... the impugned order of the court of sessions dated 22.07.2015 in criminal revision no.12/2015 is set ..... settlement was recorded on 27.11.2012, on the basis of which the proceedings before the metropolitan magistrate stood disposed of by order dated 27.11.2012. .....