Court : Chennai Madurai
..... section 2(g) r/w section 3 of the protection of women from domestic violence act, 2005 (d.v ..... to call for the records relating to the order of the ii additional sessions judge, thoothukudi dated 11.02.2016 in c.a.no.38 of 2015, modifying the order passed by the learned judicial magistrate no.1, kovilpatti in m.c.no.2 of 2013 by order dated 01.07.2015 under protection of women from domestic violence act and set aside the same.) 1. ..... act) explains what is 'domestic violence ..... in short, in domestic relationship, domestic violence is analogous to matrimonial ..... her evidence she has admitted that there is no domestic problem between them and because he has filed a divorce case, she considered it a domestic violence. ..... claiming shared residence, compensation, maintenance, return of her srithana articles and also protection from domestic violence, the wife has filed m.c.no.2 of 2013 before the learned judicial magistrate no.i, kovilpatti as against her husband and his ..... the facts and circumstances of this case, what is complained of is nothing less of domestic violence. ..... domestic violence comprises physical as well as mental ..... under the act it is his duty to provide residence to his wife either from his own property or from his joint family ..... if the husband has no property or he is having a property which is an hell for his wife, section 12 of the act speaks about his duty to provide accommodation to his wife even in a rented premises. ..... the concept of shared residence has been introduced in the .....
Tag this Judgment!Court : Chennai Madurai
..... the wife filed a petition under section 12 of the p.w.d.v.act, 2005, seeking the following reliefs: i) to pass protection order prohibiting the respondent from committing any act of domestic violence either physically or mentally against her and daughter; ii) to pass a residence order, making provision for residence at the house, where the petitioner was residing. ..... the provisions of domestic violence act can be used as a shield / sword to get protection from the domestic violence and it cannot be used as a sword for the purpose of causing violence to the other partner in the life. 22. ..... any continuous deprivation of economic resources and prohibition as defined under section 3 (iv) of the domestic violence act comes within the purview of domestic violence (k.ramaraju vs. ..... it would be appropriate to extract section 20 of the domestic violence act as under: 20. ..... alleging violence in domestic relationship, the aggrieved party, namely, the wife filed a complaint against the husband under section 12 of protection of women from domestic violence act (hereinafter referred to as the p.w.d.v.act ? ..... on 03.05.2008, the petitioner was beaten and injuries were caused to her and hence, she gave a complaint to sipcot police station and a case was registered in crime no.103 of 2008 under section 4 of the tamil nadu prohibition of harassment of women act. .....
Tag this Judgment!Court : Chennai Madurai
..... , praying to call for the records relating to m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005 and quash the same insofar as the petitioners alone.) 1. ..... 29/2015 on the file of the judicial magistrate, no.i, thanjavur, which has been filed for the offences under sections 12, 17, 18, 19, 20, 22, 23, 24 and 25 of the protection of women from domestic violence act, 2005 is pending. ..... the petitioners have come forward with this petition seeking to quash the proceedings in m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005. 2. ..... admittedly, the domestic violence case in m.c.no. ..... (prayer: criminal original petition is filed under section 482 of cr.p.c. .....
Tag this Judgment!Court : Chennai Madurai
..... further, by way of compromise, thenmozhi has agreed to withdraw all the proceedings initiated under the domestic violence act. 9. ..... in the mean while, thenmozhi filed a petition under domestic violence act as against her husband and in-laws before the learned judicial magistrate, melur. ..... 23(1) of the protection women act, 2005. ..... to withdraw the criminal cases filed as against each on condition of thenmozhi having to be paid rs.10 lakhs, who has also agreed to withdraw the proceedings pending before the learned i additional sessions judge which arose out of the dv act case and the said thenmozhi today present had stated that today her husband side has paid rs.8 lakhs cash. ..... , against the order passed by the learned i additional district and sessions judge, madurai in cr.m.p.no.222 of 2016 in c.a.no.6 of 2016 vide his order dated 30.03.2016 by which is so far as it relates to granting permission to the respondent to occupy the petitioner's house property situated at no.5/97 e, ulaganeri, narasingam village, y.othakadai, madurai (residential order) in terms of section 16 r/w. ..... but they are not to stand in the way of court passing appropriate orders to restore peace in this family toned between peace and strife. ..... they thought that even before the court could deliver order, they have decided to put an end to this nagging family problem. ..... now, instead of waiting for the solution from the court, they themselves find out some solution. .....
Tag this Judgment!