Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 18 protection orders Page 11 of about 1,231 results (0.204 seconds)

S. Vanitha Vs. The Deputy Commissioner

Court : Supreme Court of India

..... appellant submitted that: (i) the appellant is residing in her matrimonial home as the lawfully wedded spouse of the fourth respondent and she cannot be evicted from her shared household, in view of the protection offered by section 17 of the protection of women from domestic violence act 200511; 11 pwdv act 2005 8 part b (ii) the proceeding under sections 3 and 4 of the senior citizens act 2007 was filed by her mother-in-law and father-in-law in connivance with her estranged spouse to deprive her of her matrimonial home; (iii) the ..... 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 act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. ..... the fourth respondent shall also continue to pay the electricity dues in future; and (iv) in order to enable the appellant to pursue her remedies under the pwdv act 2005, there shall be an order and direction restraining the respondents from forcibly dispossessing the appellant, disposing of the premises or from creating any right, title and interest in favor of any third party in any manner whatsoever for a period of one year, to enable the appellant to pursue her remedies in accordance .....

Diwan Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

Reported in : AIR2011Del76(FB)

..... 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. .....

Ayushman Pandey. Vs. the State of Jharkhand and anr.

Court : Jharkhand Ranchi

..... that preliminary objection which was raised on behalf of the petitioner-husband on the point of maintainability of the complaint petition filed by the complainant-opposite party no.2 under section 12 of the protection of women from domestic violence act, 2005 was turned down by the sdjm ranchi on the ground that the marriage between the parties was not disputed though same has been challenged under ..... which did not draw inference to presume that in the given allegation, an offence could be made out under the protection of women from domestic violence act,2005.as a matter of fact, the complainant could not be stated to be an aggrieved person as defined under section 2(a) of the d act as she never lived with the petitioner-husband in domestic relationship as defined in section 2(f) or in a shared household as defined in section 2(s) of the act , as such, complaint of the complainant was liable to be rejected on the point of maintainability . mr. ..... inherent jurisdiction of this court under section 482 code of criminal procedure for quashment of the order dated 6.10.2010 passed by the ..... section 25 of the special marriage act and that she was driven out from her matrimonial home and therefore, he found that complaint as brought about by the complainant under section 12 of the said act was maintainable and the learned counsel appearing for the petitioner failed to satisfy this court so as to call for interference in the order impugned recorded by the sdjm .....

Amalendu Bikash Saha and ors. Vs Smt. Kalyani Saha and ors

Court : Kolkata

..... from the rival contention of all the parties it appears that the following points need be considered: a) whether deceased brothers wife can claim any relief or maintenance as well as share in the joint inherited property from the surviving brothers-inlaw under section 12 of the protection of women from domestic violence act, 2005 to be read with sections 3(iv), 18, 19 and 20 of the said act; and b) whether the learned first revisional court is justified in passing the impugned order or not. 6. ..... kalyani saha filed an application under section 12 of the protection of women from domestic violence act, 2005 seeking reliefs under sections 18, 19, 20 and 22 of the said act along with an application under section 23 of the said act for interim reliefs. ..... the protection of women from domestic violence act, 2005 has intended to provide for more effective protection of the rights of women guaranteed under the constitution where victims of violence of any kind accruing within family and for matters connected therewith or incidental thereto. ..... much emphasis upon hyper-technical aspect of the format of the application of a deserted widow should be avoided to grant relief for her survival which was the object of the legislature in enacting this special law for protection of women from domestic violence. .....

Nagamuthula Kondaiah Vs. State of A.P., Rep. by P.P. and Another

Court : Andhra Pradesh

..... the complainant filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioners herein to pass protection orders, residence order, maintenance order, custody order and to pay monetary relief compensation order and any other reasonable order respectively. 4. ..... the respondent filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioner herein with a plea to restrain him from dispossessing her from shared household and also to pay compensation. 3. ..... here sections 2(a), 2(f), 2(g), 2(q), 2(s) and 3 coupled with sections 18 to 22 of the protection of women from domestic violence act, 2005 (for short the act) are to be considered. ..... (a) by virtue of section 2(a) of the act, 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 to domestic violence by the respondent. ..... (a) by virtue of section 2(a) of the act, 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 to domestic violence by the respondent. ..... (f) section 3 of the act reads - definition of domestic violence. ..... section 3 of the act contemplates definition of domestic violence. .....

Rafat Araa Vs. Kamar Mirja

Court : Uttaranchal

Reported in : 2012(4)LRC478

..... of "shared household" is mentioned in clause (s) of section 2 of protection of women from domestic violence act, 2005. ..... filed under section 29 of protection of women from domestic violence act, 2005. ..... she moved an application under protection of women from domestic violence act, 2005, against the respondent pleading that she was being subjected to physical cruelty by the respondent to oust her from the house, they are ..... as under:- " 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. ..... 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 marriage, adoption or are family members living together as a joint family; from the above definition of domestic relationship it appears that it is necessary that the aggrieved person should have related to the respondent by consanguinity, marriage or through the relationship in the nature of marriage, adoption or as a member of joint family. ..... the appellate court has committed no illegality in allowing the appeal, and setting aside the order passed by the magistrate in favour of the petitioner. ..... (2) by means of this petition, moved under section 482 of code of criminal procedure, 1973, the petitioner has quashing of the judgment and order dated 16.05.2011, passed by additional sessions judge, kashipur, in .....

Saraswathy Vs. Babu

Court : Supreme Court of India

..... in view of the such continued domestic violence, it is not necessary for the courts below to decide whether the domestic violence is committed prior to the coming into force of the protection of women from domestic violence act, 2005 and whether such act falls within the definition of the term domestic violence as defined under section 3 of the pwd act, 2005.14. ..... parties, jointly by the 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 dependants, 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.19. ..... -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 frequented by the aggrieved person .....

Vijay Sudhakar Patil Vs. Asha Vijay Patil

Court : Mumbai Aurangabad

..... the only reason for filing the case there is stated to be based on the strength of section 27(1)(a) of the protection of women from domestic violence act, 2005. ..... the only basis for filing the proceeding at khamgaon is the provision of section 27(1) (a) of the protection of women from domestic violence act, 2005. ..... here the question of jurisdiction is to be decided on the basis of section 27 (1)(a) of the protection of women from domestic violence act, 2005. ..... only because the respondent has uncle residing at khamgaon, she appears to have gone there and filed the proceedings under the protection of women from domestic violence act, 2005. ..... 158 of 2013 at khamgaon under the protection of women from domestic violence act, 2005. ..... apart from the above, under section 407 of the criminal procedure code, when it appears to the high court that order of transfer is required, which will tend to general convenience of the parties or witnesses or is expedient for the ends of justice, the matter can be transferred. 10. ..... copy of the order under section 125 of the criminal procedure code which has been tendered is taken on record and marked y for identification. ..... this order under section 125 shows that the proceedings under section 125 of the criminal procedure code were filed at khamgaon on 02.01.2012. ..... application no.1/2012 at khamgaon and order of maintenance has been passed in her favour. .....

Anukriti Dubey Vs. Partha Kansabanik and Another

Court : Delhi

..... the appellant in her written statement that several civil and criminal litigation's were pending between her and her husband, including a complaint under section 12 of the protection of women from domestic violence act, 2005, which is pending adjudication before the dwarka district courts. ..... the first appellate court vide judgment and order dated 30.01.2006 held that the statutory right of the appellant of residence under section 17 of the domestic violence act or of maintenance under section 18 of the hindu adoption and maintenance act, 1956 were not enforceable against a ..... against both husband and wife jointly and therefore the suit could not have been decided under order 12, rule 6 of the cpc merely on the basis of the written statement of the appellant and the same ought to not have been treated as a waiver of her statutory right flowing from the domestic violence act. ..... order to appreciate the contentions of the appellant it would be necessary to refer to certain definitions and provisions of the protection of women from domestic violence act, 2005 (hereinafter called the domestic violence act, 2005 ..... challenged the judgments of the courts below on the ground that provisions under order 12, rule 6 of the cpc could not have been invoked for passing a preliminary decree without going into the question whether the tenancy was terminated unlawfully, collusively and purposely for ousting her from the shared household and that the tenancy continued through the continued possession of .....

Meenakshi vs.praveen Rajora

Court : Delhi

..... subsequent to that event, the petitioner (wife) presented a complaint (cc no.178/6/14) in the court of the metropolitan magistrate invoking section 12 read with sections 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005 (for short, domestic violence act) seeking various reliefs. ..... going by the averments in the complaint under section 12 of the domestic violence act in the present case and having regard to the nature of reliefs which have been claimed they being inclusive of protection against domestic violence, prohibitory order against repetition of such acts, compensation of rs.20 lakhs, interim maintenance of rs.75,000/- p.m. ..... the said order has been challenged by the petitioner / wife before this court invoking the inherent power and jurisdiction under section 482 cr. pc.4. ..... the metropolitan magistrate dismissed the said application by her order dated 12.08.2015 observing that the issue of limitation required inquiry and evidence to be called for.3. ..... the above-said order was challenged by the respondent by appeal (crl. a. no. ..... the impugned order of the first appellate court is set aside. ..... the said order had been upheld by the court of sessions in appeal and also by the high court of tripura in further challenge brought before it. ..... no.4705/2016 page 3 of 6 portion of which has been reproduced hereinbefore, provides for procedure for obtaining orders of reliefs. ..... justice r.k.gauba order (oral) 1. .....