Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Chennai
..... : mr.y.krishnan ^for respondent : mr.s.palanivelayutham :order the petitioner is the respondent in cr.m.p.no.8269 of 2013, filed under section 31 of the protection of women from domestic violence act, 2005, (in short "dv act"), seeking enforcement of the order dated 11.02.2011 made in cr.m.p.no.7910 of 2010, ..... that sub-section (2) of section 23 of the dv act, speaks about the grant of exparte order on the basis of the affidavit in such form as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 of the dv act against the respondent and therefore, the impugned order passed under section 23 of the dv act is to be construed as a protection order under section 18 of the act and in that event, the petition filed under section 31 of the dv act, is perfectly ..... act, deals with 'domestic violence' and section 3 defines 'domestic violence ..... section 2(g) of the dv act defines 'domestic violence' and it has been the same meaning as assigned to it in section 3 of the dv act ..... it is the submission of the learned counsel for the revision petitioner that the impugned order passed under section 23 of the dv act, under the present facts and circumstances of the case, cannot be construed as a protection order as defined under section 18 of the dv act, for the reason that sub-clause (e) of section 18 of the dv act, only speaks about alienating any assets, operating bank lockers or bank accounts used for held or enjoyed .....
Tag this Judgment!Court : Delhi
..... petition under section 12 of the protection of women from domestic violence act, 2005 against him in order to extort money and to harass him and had frivolously sought grant of interim maintenance under section 23 of ..... the petitioner further submitted that crl.m.c.no.4347/2019 page 2 of 7 he submitted a detailed affidavit in response to the application under section 23 of the protection of women from domestic violence act, 2005 wherein he had stated that his earnings were rs.19,260/- per month, which he receives as a salary from the north delhi municipal corporation, malaria department, new delhi and had submitted therein that he pays a sum of rs.5,000/- to his parents pursuant to an undertaking ..... 5 of 7 sum of rs.2500/- per month cannot be added to his earnings of rs.19,260/- per month and that after deduction of sum of rs.5,000/- for payment to his parents in terms of the order of the learned principal judge, family court, west district, all that remains with the petitioner is a sum of rs.14,260/- per month and that thus by payment of a sum of rs.10,880/- per month, ..... before the 10th day of each english calender month directing further that the arrears from the date of filing of the petition before the learned trial crl.m.c.no.4347/2019 page 1 of 7 court be cleared within six months from the date of the impugned order dated 02.08.2019 by the deposit of the same in equal instalment into the ..... source or foundation for it may be traceable to section 36 of the indian divorce act, 1869. .....
Tag this Judgment!Court : Kerala
..... the first respondent herein filed m.c.no.5 of 2010 in the court of the judicial first class magistrate-ii,haripad, under section 12 of the protection of women from domestic violence act,2005 and by the order dated 21.5.2011, the learned magistrate declined all her reliefs sought for except to pay the maintenance at the rate of `1500/- per month to her and also directed the first revision petitioner not to ..... also directed that the revision petitioner shall not commit domestic violence in any manner towards the respondent herein. ..... per the impugned judgment of the appellate court, while allowing the appeal, after setting aside the order of the trial court, the first revision petitioner herein, who is the first counter petitioner before the trial crl.r.p.no.77 of 2013 :-2-: court, was directed to pay `2 lakhs, being value of the gold ornaments entrusted with him, within 60 days from the date of appellate court judgment, and is also directed to pay monthly maintenance at the ..... it is also the contention of the counsel that though the trial court ordered only an amount of `1500/- as monthly maintenance, the appellate court enhanced the same to `3500/-, without any evidence ..... 77 of 2013 ---------------------------------------- dated this the 15th day of january, 2013 order the respondents in crl.a.no.286 of 2011 have filed this revision petition as they are aggrieved by the judgment dated 28.3.2012 of the additional sessions court-i, mavelikkara in the above appeal, by which the learned .....
Tag this Judgment!Court : Delhi
..... the petitioner invokes inherent powers of this court under section 482 of the code of criminal procedure(code) for setting aside of the order dated 24.12.2010 whereby a complaint under section 29 of the protection of women from domestic violence act 2005(d.v. ..... a family member leaves the shared household to establish his own household, and actually establishes his own household, he cannot claim to have a right to move an application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... son, daughter, daughter-inlaw, son-in-law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under protection of women from domestic violence act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. ..... is with this in mind, the new protection of women from domestic violence act was passed.8. ..... the object of the domestic violence act, 2005 is to provide for effective protection of the rights guaranteed under the constitution, of women, who are victims of violence of any kind occurring within the ..... aggrieved person's right is invaded or destroyed or likely to be destroyed, the domestic violence act, 2005 gives a remedy by interdict to protect it or damages for its loss, etc. ..28. ..... the domestic violence act, 2005 provides for comprehensive and speedy relief within a set time .....
Tag this Judgment!Court : Chennai
..... " 21.repelling the contentions of the learned counsel for the petitioners, the learned counsel for the first respondent/wife submits that the learned judicial magistrate has passed final orders in d.v.o.p.no.29 of 2012 on 21.09.2012 and as against the said final order as per section 23 of the protection of women from domestic violence act, 2005 (act 43 of 2005), an appeal is to be preferred by the revision petitioners/respondents and in short, the present revision petition filed by them is not maintainable before this court. ..... 8.the specific argument advanced on behalf of the petitioners is that the learned judicial magistrate, valliyoor has recorded the sworn statement of the first respondent/wife and nowhere in the protection of women from domestic violence act, 2005, recording of sworn statement is permissible before passing an exparte order and in fact, the proceeding before the trial court under the protection of women from domestic violence act, 2005 is a civil in nature and therefore, a summary procedure is to be followed like that of the one followed under section 125 of cr.p.c. .....
Tag this Judgment!Court : Delhi
..... taruna batra, the learned single judge of this court, vide order dated march 21, 2014 held that the property at b-44, vishal enclave was not shared household under section 2(s) of the protection of women from domestic violence act, 2005; that surender kaur was the sole owner of the property and as a consequence, navneet kaur, being the daughter-in-law of surender kaur, would have no right to stay in the property owned by her mother-in-law ..... the grievance of the petitioner is to the order dated september 06, 2014 dismissing appeal filed by the petitioner under section 29 of the protection of women from domestic violence act 2005 against the orders dated july 18, 2013 and december 18, 2013 passed by the learned metropolitan magistrate ..... the division bench held that in light of the judgment of the supreme court in taruna batra s case (supra) a wife could claim a right of residence under section 2(s) of the protection of women from domestic violence act, 2005 in the premises where she stayed along with her husband as a joint family with the owners of the premises, regardless of whether she or the husband had any right, title or interest in the ..... division bench opined that in light of the policy underlying the act, a wide construction was needed to be given to the term joint family as provided in section 2(s) of the protection of women from domestic violence act, 2005 and therefore, joint family as understood under the act would have a wider import than the concept of hindu undivided .....
Tag this Judgment!Court : Chennai
..... petitioner/husband, the learned judicial magistrate, aranthangi should have seen that c.m.p.no.9459 of 2010 (filed by the first respondent/wife under section 128 of the criminal procedure code) is not maintainable to execute the order of maintenance passed under section 12 of the protection of women from domestic violence act, 2005, as if the said order and claim in m.c.no.5 of 2009 has been passed under section 125 of the criminal procedure code.5. ..... before this court that to execute the order of maintenance passed under section 12 of the protection of women from domestic violence act, 2005, there is an enabling provision under section 20 (6) of the said act and further, no relief can be granted in the said petition which has not been filed under section 20 (6) of the act. ..... . be that as it may, in view of the fact that as per section 29 of the protection of women from domestic violence act, 2005, there is an effective and alternative remedy of filing of an appeal by the revision petitioner/husband as against the order dated 23/4/2012 in c.m.p.no.9459 of 2010 (m.c.no.5 of 2009) passed by the learned judicial magistrate, aranthangi, this court is of the considered view that the present revision petition filed by the revision ..... 752, wherein it is inter alia held that the writ petition cannot, hence be entertained as the petitioner has an efficacious alternative remedy under section 28 of the protection of women from domestic violence act, 2005 to challenge the said order.28 .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
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