Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 18 protection orders Sorted by: old Page 1 of about 1,231 results (0.193 seconds)

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. .....

Chithrangathan Vs. Seema

Court : Kerala

Reported in : I(2008)DMC365

..... since the impugned order is appealable under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the pwdv act' for short).3. ..... iii of the protection of women from domestic violence rules, 2006 ('the rules' for short). ..... sub-section (2) of section 23 clearly shows that in an appropriate case where the magistrate is satisfied that the application discloses that the respondent to the application 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, the magistrate is empowered to grant an ex parte order (ad interim order) on the basis of an affidavit in form no. ..... (2) 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 sections 18, 19, 20, 21 or, as the case may he, section 22 against the respondent.5. ..... the reliefs, which can be obtained under the act, constitute a protection order under section 18, a residence order under section 19, a monetary relief under section 20, a custody order under section 21 and a compensation order under section 22. .....

Sarbjyot Kaur Saluja and ors. Vs. Rajender Singh Saluja

Court : Delhi

Reported in : 148(2008)DLT650

..... the plaintiff consequently also seeks to amend the title of the plaint so as to incorporate the provisions of 'the protection of women from domestic violence act, 2005' which has been invoked on 17th october, 2006 as the court is competent to exercise its power conferred under sections 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005.5. ..... bommineni konappa where a division bench of the a.p high court had held that the requirement as contemplated under order 33 rule 5 relates to pleading and if the application does not conform to rule 2 and 3 it cannot be treated as fatal, as order 33 rule 5 relates to procedure and is, thereforee, directory and not mandatory and in such circumstances the application cannot out rightly be rejected as sometimes mistake may occur deliberately and sometimes accidentally ..... in case the application contains particulars required in regard to plaint in suit then such an application, in compliance with order 33 rule 2, should be verified but where along with an application a plaint is filed separately which contains the particulars of the plaint with verification, such an application may not require verification as it will be too technical an interpretation of ..... consequently, the plea of the learned counsel for the defendants that since the application under order 33 is not maintainable, the plaint filed along with the application will also be not maintainable and the amendment to such plaint can not be allowed is rejected .....

Abhijit Bhikaseth Auti Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2009CriLJ889

..... following questions arise for consideration in this petition:(i) whether an order passed on an application made under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the said act') is appealable under section 23 of the said act? ..... the reliefs which can be granted on an application under section 12 the said act can be broadly classified as under:(i) protection orders under section 18 which are for preventing the respondent from committing an act of domestic violence;(ii) residence orders under section 19;(iii) monetary relief under section 20 which includes maintenance, loss of earnings, medical expenses and loss caused due to destruction, damage or removal of any property from the control of the aggrieved person;(iv) custody orders under section 21 dealing with temporary custody of any child or children to the aggrieved person or visitation .....

Paras Ram Sahu Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : 2009(1)MPHT35(CG)

..... panchayat raj adhiniyam, 1993 (for short, 'the adhiniyam, 1993').section 21 (1) of the adhiniyam, 1993 reads as under:21. ..... by this 'petition, the petitioner impugns the order dated 15-11-2006 (annexure p-l) passed by the additional collector, bemetara, in case no. ..... thus, the order passed by the additional collector is not sustainable in law and is quashed. ..... the finding of the additional collector is contrary to the provisions of section 21 (1) of the c.g. ..... the order dated 6-7-2006 (annexure p-2) passed by the presiding officer for no confidence motion is confirmed.6. ..... the order passed by the additional collector cannot sustain on the simple ground that the requirement of law is 3/4th of the total persons present in the proceedings and voted in favour of the 'no confidence motion' to hold that the motion ..... no order as to costs. ..... 36-c/144/2005-06, whereby the decision of the presiding officer was quashed wherein it was held by the presiding officer that the 'no confidence motion' was not carried out.2. .....

S. Vishwanathan S/O Shankaran Vs. Smt. Pushpa and State of Uttarakhand

Court : Uttaranchal

..... submissions of learned counsel for the revisionist and after going through the impugned order, this court finds that the magistrate has erred in law in passing the ex-parte order without getting notices served on the revisionist as required under section 13 protection of women from domestic violence act, 2005, read with rule 12 of rule framed under the act. ..... ) pushpa for herself and her daughter, under the protection of women from domestic violence act, 2005. ..... 2010 filed under protection of women from domestic violence act, 2005.3. ..... the reasons as discussed above, this revision is summarily allowed and the impugned order dated 27.01.2009, passed by chief judicial magistrate tehri garhwal and in criminal ..... 2010, whereby said court has dismissed the appeal and declined to interfere order dated 27.01.2009, passed by chief judicial magistrate, tehri garhwal in misc. ..... this revision is directed against the order dated 06.05.2010, passed by sessions judge, tehri garhwal, in criminal ..... the revisionist fails to appear on 21st of june 2010 before the trial court personally or through counsel, or on the next date fixed thereafter by said court, the trial court is at liberty to pass the appropriated orders after hearing the respondent no. ..... on going through the impugned order dated 06.05.2010 passed by sessions judge, tehri garhwal, it appears that the marriage between the revisionist and ..... out that there was no service of notice on the revisionist before the impugned order was passed by the magistrate. .....

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. .....

V.D.Bhanot Vs. Savita Bhanot

Court : Supreme Court of India

..... thereafter, for whatever reason, there were misunderstandings between the parties, as a result whereof, on 29th november, 2006, the respondent filed a petition before the magistrate under section 12 of the protection of women from domestic violence act, 2005, hereinafter referred to as the "pwd act", seeking various reliefs. ..... in our view, the situation comes squarely within the ambit of section 3 of the pwd act, 2005, which defines "domestic violence" in wide terms, and, accordingly, no interference is called for with the impugned order of the high court. ..... we agree with the view expressed by the high court that in looking into a complaint under section 12 of the pwd act, 2005, the conduct of the parties even prior to the coming into force of the pwd act, could be taken into consideration while passing an order under sections 18, 19 and 20 thereof. ..... , vis-`-vis, the provisions of sections 31 and 33 of the pwd act, 2005, and after examining the statement of objects and reasons for the enactment of the pwd act, 2005, the learned judge held that it was with the view of protecting the rights of women under articles 14, 15 and 21 of the constitution that the parliament enacted the pwd act, 2005, in order to provide for some effective protection of rights guaranteed under the constitution to women, who are victims of any kind of violence occurring within the family .....

V.Krishnaveni Vs. V.Rajkumar

Court : Chennai

..... the first respondent.3.based on the above mentioned allegation, the revision petitioner filed a petition under sections 18, 19 and 23 of the protection of women from domestic violence act 2005 for the following reliefs:-(i)protection order under section 18 of the said act, prohibiting the respondent no.1 and 2 from committing any act of domestic violence on the revision petitioner and prohibiting the respondent no.1 from alienating the property bearing door no.6 nagalingam pillai street, thiruchuli road, arupukkottai, virudhunagar district, which ..... the petitioner claims to be a shared household;(ii)restraining the respondents 1 and 2 from dispossessing or in any other manner disturbing ..... the findings of the trial court that the revision petitioner had not made out any prima facie case for any of the reliefs sought for under sections 18, 19 and 23 of the protection of women from domestic violence act 2005.6.the learned appellate judge has adverted to the transactions that took place subsequent to the death of the husband of the revision petitioner and also referred .....