Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 18 protection orders Page 4 of about 1,231 results (0.171 seconds)

Dr Vijay Pratap Sinha Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... 1533 of 2012 praying for monetary relief under section 20 of the protection of women from domestic violence act, 2005 and the learned chief judicial magisrate, dhanbad vide order dated 5.1.2013 directed that the opposite party (petitioner) shall bear the amount of rs.1.5 lacs per annum for the educational and other expenses incurred for their children. ..... learned counsel for the petitioner has submitted that the proceeding initiated under the provisions of the protection of women from domestic violence act, 2005 is for protecting the right of women, who are victims of domestic violence within the family but as it appears that monetary relief had been sought for and was granted -3- for the son and daughter and in such circumstances, the initiation of the case itself was not ..... 2 had prayed for monetary relief under section 20 of the domestic violence act, in which an order was passed on 5.1.2013 directing the petitioner herein to bear the amount of rs.1.5 lacs per annum for the education and other expenses incurred for their children namely kumar aanjaneya and aparajita sinha. .....

Kavita Dass Vs. Nct of Delhi and Another

Court : Delhi

..... subsequently, the petitioner, against order dated 28.04.2011, filed an appeal under section 29 of the protection of women from domestic violence act, 2005 before ld. ..... therefore, it is by virtue of protection of women against domestic violence act, which interalia seeks to provide as under :- (s) " shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the ..... the petitioner was compelled and constrained to approach trial court with complaint filed under section 12 of the domestic violence act, seeking interim measures and interim relief in accordance with provisions of the said act and in the facts and circumstances of the case, the trial court vide interim order dated 10.09.2010 directed the respondent no. ..... the petitioner herein did not entered in anybodys property, but it was the house of her husband and entered with the help of protection officer under the protection of domestic violence act. ..... aggrieved person means any women who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of violence by the respondent. 22. .....

P. Chandrasekhara Pillai Vs. Valsala Chandran and anr.

Court : Kerala

Reported in : 2007CriLJ2328; I(2008)DMC83

..... suffered an ex parte interim order under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act'). ..... if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte 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 against the respondent.11. ..... contends that no domestic violence as defined under section 3 of the act has been proved. ..... from the plain language employed by the statute in section 23, it is impossible to spell out an insistance that a separate application under section 23 must be filed in order to clothe the court with the requisite jurisdictional competence and the claimant with a right to claim the relief of an interim order under section ..... right of appeal is available to an aggrieved person or the respondent, but such right of appeal has to be exercised within the period of one month stipulated under section 29 and such period of 30 days would start running from the date of service of the order on the respondent or the aggrieved person. ..... respondent /husband assails the impugned interim ex parte order passed under section 23 of the act and prays that the powers under section 482 cr. p.c. .....

A.Vidya S Vs. the State of A.P., Rep. by Its Public

Court : Andhra Pradesh

..... sought compensation of rs.50 lakhs from the petitioner, maintenance at rs.50,000/- per month, residential order for shelter and protection order under section 12 of the protection of women from domestic violence act, 2005 (the d.v. ..... act contemplates that before passing any order on the application from an aggrieved person or a protection officer or any other person, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the ..... agree with the contention of the learned counsel for the petitioner that a domestic violence case can be instituted and taken cognizance of on the basis of the domestic incident report only and not otherwise. ..... the 2nd respondent is that the petitioner has domestic relationship with her and caused domestic violence. ..... the learned counsel for the petitioner also submitted that the protection officer forwarded the complaint to the iv metropolitan magistrate, yerram manzil, hyderabad in a routine manner without domestic information report (dir) and without complying with the provisions ..... act adumbrates that the protection officer shall make a domestic incident report to the magistrate and also forward copies to the police officer in charge of ..... act on the basis of domestic incident report given under section 9(1)(b) ..... act, any lady who has domestic relationship with a man is entitled to seek certain reliefs from ..... act does not prohibit a magistrate from proceeding with the case unless there is a domestic .....

Sanjay Bhardwaj and ors.Vs. the State and anr.

Court : Delhi

..... 1.the present petition under section 482 cr.p.c.assails an order of interim maintenance under the protection of women from domestic violence act, 2005 (in short domestic violence act) passed by the learned mm on 16th january, 2008 and confirmed by the learned additional sessions judge in appeal by order dated 29th february, 2008.2. ..... since the marriage did not succeed, the husband/petitioner filed a petition under section 12 of hindu marriage act for declaring the marriage as null and void and the wife first filed an fir against the husband under section 498a/406 ipc and then filed an application under section 12 of domestic violence act.3. ..... i therefore find that the order dated 16th january, 2008 passed by the learned mm and order dated 29th february, 2008 passed by the learned additional sessions judge fixing maintenance without there being any prima facie proof of the husband being employed are not tenable under domestic violence act. ..... and he had no source of income, he was not even able to maintain himself and had incurred loan, but observed that since the petitioner had earlier worked abroad as sales manager and in view of the provisions of domestic violence act, he had the responsibility to maintain the wife and monetary relief was necessarily to be provided to the aggrieved person i.e. ..... thus, maintenance can be fixed by the court under domestic violence act only as per prevalent law regarding providing of maintenance by husband to the wife. .....

P.T. Hamza Vs. State of Kerala, Represented by Public Prosecutor, High ...

Court : Kerala

..... in this petition under section 482 of the code of criminal procedure, the respondent in m.c.no.323/2011 on the file of the judicial magistrate of the 1st class, parappanangadi, a petition under section 12 of the protection of women from domestic violence act, 2005, seeks an order to quash all further proceedings in the above petition. ..... at para 5 the learned single judge held as follows: "it is not the form that has to be looked into in determining the reliefs canvassed under the act, but as to whether the allegations set out in such application make out a case for commencement of a proceeding under the act, which is intended to prevent domestic violence. ..... the 2nd ground urged is that the above petition was filed suppressing the lodging of complaint alleging offence under section 498a ipc. 2. ..... proceedings before the trial court can no way be interfered under section 482 cr.p.c. .....

Present:- Mr.P.S. Hundal Sr. Advocate with Vs. State of Haryana

Court : Punjab and Haryana

..... he has also argued that amount due under the orders passed by the court exercising powers pertaining to the protection of women from domestic violence act, 2005 and the orders passed by the magistrate under section 125 cr.p.c.has not been paid till date. ..... it is apparent from the fir that she has filed a petition u/s 125 cr.p.c.for maintenance besides availing remedy u/s12 of the prevention of women from domestic violence act. ..... the petitioner appears to have made best efforts possible to get rid of the complainant by seeking an ex-parte decree of divorce from uk court, which has not become final as she is taking steps to get the ex-parte decree set aside. ..... strong reliance has been placed on ex-parte order of divorce granting preliminary/ final decree of divorce. ..... seems to have also filed a complaint against 2014.05.29 10:42 i attest to the accuracy and integrity of this document high court chandigarh crm m-3695 of 2014 2 the petitioner and his family members in the national commission for women, new delhi, alleging demand of dowry and harassment. .....

Mary Vs. Jose

Court : Kerala

..... 3898 of 2013 2 before the judicial first class magistrate court, kothamangalam, under section 12 of protection of women from domestic violence act, 2005, against the first respondent and obtained impugned orders, after filing collusive compromise from court, without arraying the petitioner as a party. ..... 3898 of 2013 5 necessary party to the proceedings pending between respondents 1 and 2 under the provisions of protection of women from domestic violence act, 2005. ..... ).no.3898 of 2013 --------------------------------------------------------------------- dated this the 17th day of february, 2014 judgment this petition is field by the petitioner for a direction to set aside the interim order and collusive compromise entered into between the respondents herein in m.c.no.32/2011 on the file of the judicial first class magistrate court, kothamangalam, in under article 227 of the constitution of india.2 ..... so under the circumstances, there is no illegality committed by the court below in passing ex.p14 order and the petitioner is not entitled to get the relief claimed in the petition. ..... exhibit p8 : true copy of the common order in cmp13462011 and cmp2034/2011 before the jfmc kothamangalam ..... been obtained by her son by making mis-representation and she was made to execute a document in his favour and mis- using the document that a compromise has been entered into and ext.p15 collusive order was obtained by the respondents. ..... p6 : true copy of the order cmp13462011 before the jfmc kothamangalam. .....

Sanjiv Vohra Vs. Ritu

Court : Punjab and Haryana

..... it is submitted on behalf of the respondent-wife that in the petition under section 12 of the protection of women from domestic violence act, 2005, the learned judicial magistrate ist class vide order dated 31.3.2008 directed the appellant-husband to pay rs.5000/- per month for maintenance and also directed him to make arrangement for accommodation of the respondent-wife and if he was unable to make alternative ..... it is not in dispute that in proceedings under the protection of women from domestic violence act, 2005, in terms of the order dated 31.3.2008 the learned judicial magistrate ist class fixed maintenance of rs.5000/- per month, besides, directed the appellant husband to arrange accommodation for the respondent-wife and in case alternative arrangement ..... accordingly, the application of the respondent-wife under section 24 of the act is allowed to the extent that the appellant-husband shall pay the respondent-wife rs.7000/- per month as maintenance pendente lite which shall be paid from the date of filing the application which was filed ..... filed the present appeal against the judgment and decree dated 05.9.2011 passed by the learned additional district judge (ad hoc).fast track court-ii, hoshiarpur in terms of which the petition under section 13 of the hindu marriage act, 1955 ( act for short) filed by the appellant has been dismissed. ..... amount of rs.2000/- which is already being paid in consequence of the order passed by this court on 2.5.2008 shall be included in the amount of .....

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. .....