Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 18 protection orders Page 7 of about 1,231 results (0.142 seconds)

Sonia Mann Vs. State and anr.

Court : Delhi

Reported in : 160(2009)DLT385

..... sonia mann filed a complaint under the protection of women from domestic violence act, 2005 ('pwdva') which was numbered as cc no. ..... she prayed for the passing of a protection order under section 18, a residence order under section 19, monetary relief under section 20 and compensation for damages under section 22 of the pwdva. ..... the rival submissions have been considered as regards the amount of interim maintenance to be paid, the order dated 7th november 2007 passed by the learned mm did take note of the fact that under section 24 hma the court had awarded sonia mann a sum of rs. ..... 4,000/- per month to be paid under section 24 hma by gaurav mann to sonia mann, was the correct order to be passed in these facts and circumstances. ..... the petitioner has also sought residence order under section 19 of the act. ..... in the circumstances the directions passed by the learned asj by the impugned order dated 12th march 2008 modifying the order of the learned mm to the extent that it was directed that the sum of rs. ..... it was submitted that an order under section 24 hma could not be disturbed in an appeal under the pwdva. ..... 4,000/- was already directed to be paid to sonia mann under section 24 hma, the learned mm did not account for it while computing the final figure. ..... 1806 of 2008 by gaurav mann challenges both the orders dated 7th november 2007 passed by the learned mm as well as the order dated 12th march 2008 passed by the learned asj. .....

Shome Nikhil Danani vs.tanya Banon Danani

Court : Delhi

..... petitioner impugns order dated 26.09.2018 whereby the appellate court set aside order dated 06.04.2018 and remanded the matter to the trial court to decide the application under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), afresh. ..... and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to (a) the loss of earnings; (b) the medical expenses; (c) (d) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code of criminal procedure, 1973 (2 of 1974 ..... talks only of maintenance, section 20 dv act stipulates payment of monetary relief to meet the expenses incurred and losses suffered as a result of the domestic violence including but not limited to loss of earning, medical expenses, loss caused due to destruction, damage or removal of any property from the control of aggrieved person. .....

Bijukumar Vs. Sunitha Kumari

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 .....

Tinopal Vs. State of Haryana

Court : Punjab and Haryana

..... (oral) the instant revision has been filed by the complainant against the order dated 6.12.2013, passed by the learned chief judicial magistrate, panipat on the application under section 311 cr.p.c.filed by the petitioner to place on record of the trial court, copy of petition under section 12 of the protection of women from domestic violence act, 2005, copy of reply to the said petition and copy of protection order dated 7.8.2009 passed during the pendency of said petition. ..... hon'ble supreme court of india in sethuraman versus rajamanickam 2009(2) criminal court cases 706 (sc) wherein the trial court dismissed the application under section 311 cr.p.c.for producing certain documents and another application for re-calling of the complainant for cross-examination and the high court in revision allowed the same, held the order of the high court unsustainable because revision against interlocutory order was not maintainable. ..... it is otherwise a settled principle that revision against an order passed by the magistrate on the application under section 311 cr.p.c.would not be maintainable. ..... the trial is pending in fir no.174 dated 7.7.2010 for offences under sections 323/506/382/325/34 ipc at police station kunjpura, district karnal. ..... this order has not been complied with so far. .....

Kusum Sharma vs.mahinder Kumar Sharma

Court : Delhi

..... clarified to the extent that the family courts and other courts dealing with cases under hindu marriage act, 1955; protection of women from domestic violence act, 2005; section 125 cr.p.c; hindu adoption and maintenance act, 1956; special marriage act, 1954; indian divorce act, 1869; guardians and wards act, 1890 and hindu minority and guardianship act, 1956 shall incorporate the following endorsement in bold letters on the notice/summons to be issued to the respondent :-" note :-"the respondent is directed to file the affidavit of his assets ..... upon careful consideration of the suggestions received from the family courts and the learned amici curiae, the format of the affidavit of assets, income and expenditure attached as annexure a to the order dated 14th january, 2015 is modified. ..... extent that the interim litigation expenses being directed by the family courts at the stage of issuing notice, does not preclude the respondent from seeking further litigation expenses incurred by the respondent and the courts shall consider the respondent s claim for litigation expenses and pass an appropriate order on the merits of each case.9. ..... the family courts shall display annexure a1 on their notice board by 1st august, 2017 along with a notice that the affidavit of assets, income and expenditure in terms of the order dated 14th january, 2015 has to be in the format of annexure a1 w.e.f. .....

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. .....

Smt. Neetu Singh Vs. Sunil Singh

Court : Chhattisgarh

Reported in : AIR2008Chh1

..... neetu singh has questioned legality and correctness of the order dated 15-6-2006 passed by the judge, family court, bilaspur on an application filed by the appellant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act, 2005') whereby learned judge, family court held that since application has been filed under section 12 of the act, 2005, which ought to have been filed before the magistrate and the relief sought for falls under the jurisdiction of the civil court, therefore, it be returned ..... therefore, in order to provide a remedy in the civil law for the protection of women from being victim of domestic violence and to prevent the occurrence of domestic violence in the society for the protection of women from domestic violence, the act, 2005 has been enacted by the parliament. ..... aggrieved person as defined in section 2(a) of the act, 2005 is subject of domestic violence as defined in section 3 of the act, 2005, she is entitled to move an application before a magistrate under section 12 of the act, 2005 for seeking relief for issuance of the order for payment of compensation or damages without prejudice to right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent.6. .....

Navneet Arora Vs. Surender Kaur and ors.

Court : Delhi

..... , we find that the definition of shared residence under section 2(16) of the bangladesh domestic violence (prevention and protection) act, 2010 and the term household as defined under section 2(g) of the pakistan domestic violence (prevention and protection) act, 2012 is conspicuously similar to the conception of shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005. ..... court lodged a caveat that the domestic violence act provided essentially a temporary remedy in the form of residence orders and such orders did not in any manner confer proprietary rights in the matrimonial home but merely protected occupation/possession.116. ..... we may notice that section 19(1)(a) of the act clears the cloud, if any, as it mandates in unequivocal terms that a magistrate disposing an application under sub-section (1) of section 12, may, on being satisfied that domestic violence has taken place, pass a residence order restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household , whether or not the respondent has a legal or equitable interest in the shared household ..... , while dealing with a case under the protection of women from domestic violence act, 2005, noticed the fact that the term joint family was not defined under the act and in order to assign a meaning to the same the court cited with approval the definition comprised in encyclopaedia britannica .....

Shilpa Tandon vs.harish Chand Tandon & Anr.

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.9. ..... orders passed in the instant appeal would show attempts made by the predecessor bench to resolve the issue be securing appellant rent in sum of `15,000/- per month towards accommodation under section 19(1)(f) of the protection of women from domestic violence act, 2005. ..... 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 shared household . ..... according to the division bench, such a view was buttressed by the reading of the protection of women from domestic violence act, 2005 as a whole, wherein even under section 19 (1) (a) of the act, right of residence of a wife in a shared household where she had no legal or equitable interest was recognized.11. .....

S vs.j

Court : Delhi

..... in this context, it may be noted that protection of women from domestic violence act, 2005 was enacted by the parliament keeping in view that phenomenon of domestic violence which is widely prevalent has remained largely invisible in the public domain and even though there is a specific offence under section 498-a of the indian penal code dealing with cruelty by husband and relatives, there is no civil law to address this issue. ..... whether the petitioner is entitled to a protection order under section 18 of the domestic violence act?. ..... whether the petitioner is entitled to an order under section 22 of the domestic violence act?. ..... whether the petitioner is entitled to an order under section 21 of the domestic violence act?. ..... whether the petitioner is entitled to a residence order under section 19 of the domestic violence act?. ..... 18 empowers the magistrate to pass a protection order prohibiting respondents from committing any act of domestic violence, aiding or abetting in the commission of acts of domestic violence, entering a place of employment of the aggrieved person, etc. ..... in order to provide a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurance of domestic violence in the society the protection of women from domestic violence bill was introduced in the parliament. .....