Court : Chennai
..... . 29.really speaking, section 19 of the protection of women from domestic violence act, 2005 speaks of 'residence orders.is to be read along with section 12 'application to magistrate' of the act ..... dispositions: 24.at the outset, it is to be pointed out that in s.t.c.no.1777 of 2009, the respondents (wife and children) as petitioners have filed a petition/application under section 12 of the protection of women from domestic violence act, 2005 seeking the following reliefs as against the revision petitioner/husband: i].protection order under section - 18 i)prohibiting the respondent from committing any act of domestic violence against the petitioner; ii)prohibiting the respondent from committing any act of domestic violence against the parents and brother of the petitioner including filing false complaint against them by utilizing the cheques belong to ..... them which are now kept by the respondent; iii) prohibiting the respondent from alienating the assets/ properties stand in his name; iv) prohibiting .....
Tag this Judgment!Court : Delhi
..... crl.m.c.1860/2016 has been filed by the daughter-in-law, impugning order dated 02.04.2016 of the metropolitan magistrate the magistrate did not direct registration of an fir against the mother-in- law and further direction is sought for initiating proceedings under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act) for violating the protection order of residence.3. ..... it is contended that since there was no order restraining the mother-in-law from selling or alienating the subject property, the sale of the property by way of a registered sale deed to a third party does not amount to violation of the residence order attracting the penal consequences stipulated under section 31 of the protection of women from domestic violence act, 2005. ..... without getting into the controversy, one may examine the rights that are granted by section 19 of the protection of women from domestic violence act, 2005.38. .....
Tag this Judgment!Court : Delhi
..... crl.m.c.1860/2016 has been filed by the daughter-in-law, impugning order dated 02.04.2016 of the metropolitan magistrate the magistrate did not direct registration of an fir against the mother-in- law and further direction is sought for initiating proceedings under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act) for violating the protection order of residence.3. ..... it is contended that since there was no order restraining the mother-in-law from selling or alienating the subject property, the sale of the property by way of a registered sale deed to a third party does not amount to violation of the residence order attracting the penal consequences stipulated under section 31 of the protection of women from domestic violence act, 2005. ..... without getting into the controversy, one may examine the rights that are granted by section 19 of the protection of women from domestic violence act, 2005.38. .....
Tag this Judgment!Court : Chennai
..... : dr.a.e.chelliah for m/s.arulselvam associates for respondent : mr.a.kumaraguru ******* order the brief history of the case are as follows:- the respondent herein / complainant / wife has filed a case in c.c.no.4628 of 2009, on the file of ii metropolitan magistrate, egmore, chennai-8, against the revision petitioner / husband under section 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005, stating that her husband had treated her cruelly and physically tortured ..... versus d.patchaiammal reported in cdj2010sc951".protection of women from domestic violence act, 2005-section 2(f) - for getting maintenance under section 125 of the cr.p.c. ..... 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". ..... husband had harassed the wife mentally and physically as per section 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005?.".4. ..... in c.c.no.4628 of 2009, filed u/s 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005, will not be applicable in the instant case.12. ..... by a subsequent order dated 17th february, 2007, the magistrate passed a protection/residence order under sections 18 and 19 of the above act, protecting the right of the respondent wife to reside in her matrimonial .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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. ..... 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. ..... 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. ..... 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. ..... in january, 2012, the respondent filed case under section 125 of the criminal procedure code at khamgaon, then she filed fir at under section 498a at jamner in september, 2012 (where it is submitted she was staying when she filed fir) and now she has filed proceedings under domestic violence act at khamgaon on 8th october, 2013. ..... 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. ..... this order under section 125 shows that the proceedings under section 125 of the criminal procedure code were filed at khamgaon on 02.01. ..... copy of the order under section 125 of the criminal procedure code which has been tendered is taken on record and marked y for .....
Tag this Judgment!Court : Chennai
..... the brief facts of the case are as follows:- (i) the respondent as a complainant filed a petition in m.p.no.59 of 2012 under section 12 of the protection of women from domestic violence act, 2005, (hereinafter referred to as the act) seeking interim relief of residence order and monetary reliefs per month under section 23(3) of the act. ..... per contra, the learned counsel appearing for the respondent would vehemently contend that in the cases filed under protection of women from domestic violence act, 2005, the learned magistrate has power to pass interim and ex-parte orders and there is no provision available in the said act to set aside the order passed by the learned magistrate under section 23 of the act. ..... in the above circumstances, it is useful to extract section 23 of the protection of women from domestic violence act, 2005 which reads as follows:- "23. ..... on a perusal of the entire papers, it is seen that m.p.no.59 of 2012 was filed by the respondent herein seeking for the interim relief of residence order and monetary reliefs per month under section 23(3) of the domestic violence act. ..... further, on a perusal of the entire provision of the domestic violence act, it is seen that there is no provision available to set aside the interim order or ex-parte order passed under section 23 of the act. ..... hence, the order passed by the learned x metropolitan magistrate, egmore, chennai, under section 23(3) of the domestic violence act is perfectly valid and it is acceptable. .....
Tag this Judgment!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. ..... by a subsequent order dated 17th february, 2007, the magistrate passed a protection/residence order under sections 18 and 19 of the above act, protecting the right of the respondent wife to reside in her matrimonial home in mathura. ..... we, therefore, modify the order passed by the high court and direct that the respondent be provided with a right of residence where the petitioner is residing, by way of relief under section 19 of the pwd act, and we also pass protection orders under section 18 thereof. ..... by a subsequent order dated 17th february, 2007, the magistrate also passed a protection-cum-residence order under sections 18 and 19 of the pwd act, protecting the rights of the respondent wife to reside in her matrimonial home in mathura. .....
Tag this Judgment!Court : Delhi
..... convenience also lies in permitting the petitioners to enjoy peaceful possession of their property, in which it appears that respondent no.3 has not resided cm(m) 957/2019 page 7 of 8 since july, 2016 at the very latest, and in which she has not even claimed an order of residence in proceedings under the protection of women from domestic violence act, 2005. ..... the reliefs claimed therein, as far as residence orders under section 19 of the family courts act are concerned, are as follows:-" (ii) residence order under section 19: based upon the peculiar facts and circumstances of the case, the petitioner seeks kind indulgence of this hon ble court for the ..... no.3 has filed a petition under section 12 of the protection of women from domestic violence act, 2005, which has also been placed ..... rejection of the plaint on the ground that the suit was not maintainable in the civil court by virtue of explanation (d) to section 7(1), read with section 8, of the family courts act, 1984, which provides that a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship , shall be within the exclusive jurisdiction of the family court. ..... however, in support of his argument that the petitioners have a good prima facie case in the appeal, mr.mehta submits that explanation (d) to section 7(1) of the act, does not include within its purview a suit filed by the family members of one of the parties to the matrimonial relationship in respect of the property which is .....
Tag this Judgment!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. ..... further it is submitted that the respondent had not only sought relief under section 20 but also prayed for residence orders under section 19 and protection order under section 18 of dv act, which are beyond the scope of section 125 cr.p.c..11. ..... in the present proceedings under the dv act, the respondent has claimed residence order in the shared household and during arguments, alternatively claimed rental in lieu of the residence order in the shared household.16. ..... 994/2018 page 8 of 10 application under section 23 of the dv act, the respondent wife has inter-alia sought residence rights under section 19 and protection under section 18 apart from the monetary relief under section 20.19. ..... application under section 23 of the dv act was filed by the respondent-wife inter-alia seeking monetary relief under section 20, residence orders under section 19(f) and prevention of alienation of assets under section 18(e) of the dv act.3. ..... with regard to residence order, the trial court held that although she had prayed for entry into the shared household but during arguments her counsel had submitted that the husband be directed to pay for the rent of .....
Tag this Judgment!Court : Andhra Pradesh
..... claiming several reliefs including reliefs of protection order under section 18, residence order under section 19, monetary relief under section 20 and compensation under section 22 of the protection of women from domestic violence act, 2005 (in short, the act). ..... there is no allegation either in the report or in the statement or in the complaint of the 1st respondent with regard to the acts of domestic violence that took place on or after 26.10.2006. ..... it is only violation of order of the magistrate which becomes an offence under section 31 of the act and which attracts penalty for breach of protection order by any of the respondents. ..... similarly section 33 of the act provides for penalty for discharging duty by protection officer. ..... except under sections 31 and 33 of the act which occur in chapter v, all the reliefs claimed under chapter iv of the act are not offences and enquiry of rights of the aggrieved person under sections 18 to 22 of the act cannot be termed as trial of a criminal case. ..... though, the act empowers a magistrate to entertain the complaint of an aggrieved person under section 12 of the act and makes it incumbent on the magistrate to make enquiry of the same under the code of criminal procedure, 1973, reliefs under sections 18 to 22 of the act are in the nature of civil reliefs only. ..... therefore, it is only in respect of allegations under sections 31 and 33 of the act which are penal provisions, the act has no retrospective operation. .....
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