Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 19 residence orders Court: guwahati Page 1 of about 3 results (0.105 seconds)

Md. Rajab Ali and Others Vs. Mustt. Manjula Khatoon, Nagaon

Court : Guwahati

..... 07/2009, arising out of a petition under section 12 of the protection of women from domestic violence act, 2005, for short, d.v. ..... on consideration of the materials available on record, the learned magistrate recorded a finding that act of domestic violence was committed against the applicant/aggrieved person and accordingly, passed the following order: order in view of the above: (1) u/s. ..... it was further held that the wife is only entitled to claim a right under section 17(1) to residence in a shared household and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. ..... rule 6 (5) provides that the application under section 12 of the dv act, shall be dealt with and the orders enforced in the same manner laid down under section 125 of the code of criminal procedure. 22. ..... 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) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) 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 .....

Sri Maran Nama Vs. State of Tripura

Court : Guwahati

Reported in : 2010CriLJ1594

..... in the series is the enactment of the protection of women from domestic violence act, 2005 to protect and curb widely prevalent offences of domestic violence. ..... conducted in india and the other countries show that more than 2/3rd women are subjected to domestic violence. ..... considered opinion, the thought provocating observations made by the apex court in regard to an offence of sexual assault would be applicable with equal force for an offence of physical assault and domestic violence upon a woman. ..... case in hand, the prosecutrix was subjected to extreme form of domestic violence. ..... the rules of law and with an avowed intention to provide an atmosphere where the citizens can lead a dignified life and to protect them from any kind of discrimination, more particularly gender based discrimination, the indian penal code is being amended time to time. ..... air 1998 sc 1406 : 1998 cri lj 1905, the hon'ble supreme court has held that admission of guilt by an accused person is admissible evidence within the purview of section 21 of the evidence act and the said authority has been relied upon by this high court in the case of state of arunachal pradesh v. t. ..... being aggrieved with the conviction and sentence recorded under judgment and order dated 17-3-2008 passed by the learned additional sessions judge, belonia, south tripura in sessions trial ..... in order to implement these commands of the constitution, various legislations have ..... in order to establish the offences, the prosecution examined altogether .....

Mrs. Manju Lakra Vs. the State of Assam

Court : Guwahati

..... daughter of the accused-appellant and the deceased, it becomes clear that the circumstances of the present case show that if not cruelty within the meaning of section 498a, the circumstances, prevailing in the family of accused, were nothing short of domestic violence as conceived under the protection of women from domestic violence act, 2005. 68. ..... the present appeal, is one of those indian housewives, who confront and suffer, day in and day out, unprovoked acts of domestic violence; but, on one occasion, the violence boomeranged and devoured the perpetrator, her husband, bhadra lakra. ..... state of west bengal vs orilal jaiswal (air 1994 sc 1418), which run as follows: if it transpires to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of ..... had made judicial confession voluntary and true, the unshaken evidence of the sole court witness (sri s hazarika), a judicial officer, is that on 24-01-2006, the accused was produced before him by order of the sub-divisional judicial magistrate, biswanath chariali, for recording of her confessional statement and, on the accused being so produced before him, he explained to the accused the consequences of making of ..... the couple resided with their children .....

Smt. Ann Sarkar Vs. Anil Sarkar

Court : Guwahati

..... to her and had no feelings for her; that he used to be very friendly with other women and had affairs with them, and she protested but to no effect; that when for sometime she went to her mother's house her husband used to take women and have sex with them; and that she objected but he fought with her and sometimes threw things ..... while agreeingthat the marriage could not be dissolved on mutual consent the learned district judge failed to notice that under section 10 of the act any wife may present a petition praying that her marriage may be dissolved on the ground that since the solemnization thereof her husband has been guilty ..... it is doubtful whether any definition of cruelty applies equally well to cases where there has been physical violence and to cases of nagging or to cases where there has been a deliberate intention to hurt and to cases where temperament ..... must be inferred from the whole facts and atmosphere disclosed by the evidence; (ii) actual intention to injure the other, spouse is an important, but not an essential factor; (iii) it is impossible to create categories of acts or conduct which do not amount to cruelty; (iv) sexual offences directly relevant to the husband's conjugal obligations may constitute ill treatment of the wife; (v) mental ill treatment may be coupled with physical ill treatment in order to found a ..... proposition that a decree based on cruelty is a remedy given, not for a wrong inflicted, but solely as a protection for the victim. 11. ..... domestic .....

Chanambam Menjor Singh Vs. Comdt./C.O. 61 Crpf and ors.

Court : Guwahati

..... courts should, therefore, while jealously protecting, the fundamental rights of those who are illegally detained or subjected to custodial violence, should also stand guard against false, motivated and frivolous claims in ..... secretary of state for home department (1991) 1 all er 720 (hl) observed that it is well settled that in construing any provision in domestic legislation which is ambiguous in the sense that it is capable of a meaning which either conforms to or conflicts with the internal law conventions ..... immediately after the occurrence they found out a person who knew lokendra meitei and was residing in the same locality at thangmeiband, imphal and requested him to convey the information about the arrest of lokendra meitei ..... aggrieved persons claiming the additional compensation in civil court, in enforcement of private law remedy in torts nor come in the way of criminal court ordering compensation under section 357 of the cr.p.c. ..... disturbed by this situation, the law commission in its 113th report recommended amendment to the indian evidence act, 1872 so is to provide that in the prosecution of a police officer alleged offence of having caused bodily injuries to a person while in police custody ..... manipur women voluntary organization was also taken away from their ..... from perusal of the said report of the learned district judge, manipur east dated 30.12.2005 and also the statements of the pws, statement of rws and statement of cws it is seen that the district judge, manipur .....