Court : Jharkhand
..... 42 of 2011, whereby on the complaint filed under the protection of women from domestic violence act, 2005, (hereinafter referred to as act ), by the respondent no. ..... . a conjoint reading of section 2(s) with section 19 of the act clearly shows that the magistrate is fully empowered to pass the residence order, even restoring the possession of the complainant, in case it is found that she is dispossessed or ousted from the shared household ..... -(1) while disposing of an application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order- (a) 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; (b) ....................... (c) ....................... (d) ....................... (e) ....................... ..... the order of residence has also been passed by the learned trial court below under section 19 of the act, entitling the wife of the petitioner to reside in the shared household of the petitioner where she was earlier residing after her marriage at village kalapathar, p.s. .....
Tag this Judgment!Court : Jharkhand
..... 1059 of 2011 refusing to dismiss the complaint case filed by the present opposite party no.2 under section 12 of the protection of women from domestic violence act, 2005, (in short the d.v. ..... by the aggrieved person and the respondent or singly by the respondent including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate; (f) causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection order.10. ..... the magistrate may, after giving the aggrieved person and the respondent an 'opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from- (a) committing any act of domestic violence; (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the ..... roy, w/o mainak roy, d/o ashok kumar roy resident of bibhuti apartment, luby circular road, p.o., p.s ..... in her complaint petition claimed various reliefs including right of residence and monitory relief.4. ..... @ agomani roy, w/o nirmal roy all resident of 16/1 gour mandal, p.o., p.s. ..... , w/o gautam chakraborty both resident of haldia, p.o. .....
Tag this Judgment!Court : Jharkhand Ranchi
..... parties i find that preliminary objection which was raised on behalf of the petitioner-husband on the point of maintainability of the complaint petition filed by the complainant-opposite party no.2 under section 12 of the protection of women from domestic violence act, 2005 was turned down by the sdjm ranchi on the ground that the marriage between the parties was not disputed though same has been challenged under ..... sections 18 to 22 of the act, particularly for monetary relief, residence and protection ..... as the respondent-husband had deserted the complainant soon after registration of the marriage on 8.12.2008 which was registered by playing fraud .the certificate of the marriage was obtained from purulia district where none of the parties ordinarily resided, an essential ingredient under the provision of section 25 of the special marriage act.6. mr. ..... section 25 of the special marriage act and that she was driven out from her matrimonial home and therefore, he found that complaint as brought about by the complainant under section 12 of the said act was maintainable and the learned counsel appearing for the petitioner failed to satisfy this court so as to call for interference in the order impugned recorded by the sdjm on ..... the complainant sought for her residence of at least two bedrooms flat near her parental house at p.p compound with security guard for her protection and also sought for rs.23,000/- to meet out personal expenses with .....
Tag this Judgment!Court : Jharkhand
..... protection of women from domestic violence act, 2005, came into force with effect from 26.10.2006, and this clearly shows that the said monetary reliefs have been granted to the complainant with retrospective effect from prior to the coming into force of the act ..... find any illegality and / or irregularity in the impugned judgments and order passed by the courts below, finding that the complainant had been subjected to domestic violence and she is entitled to the protection under the act.18. ..... 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. ..... that it was found by the trial court that the complainant was residing outside her matrimonial house / shared household and as there was no evidence against which the respondents be restrained from committing domestic violence, she was not found entitled to any relief under section 18 of the act.4. ..... it has been submitted by learned counsel for the petitioners that the impugned orders granting monetary relief to the complainant under section 20 of the act have been granted for a period of nine years and one month from the date of order, which was passed on 19.7.2010, and accordingly this period goes back to sometimes in the year 2001, when the act itself was not in force and accordingly, the monetary relief has been granted .....
Tag this Judgment!Court : Jharkhand
..... binod kumar dubey appearing for the petitioner in both the revisions assailing the order impugned as perverse and bad in law seriously contended that the proceeding under domestic violence act, 2005 for grant of protection and maintenance and a criminal proceeding under section 125 of the code for grant of maintenance being similar in nature cannot proceed simultaneously and no maintenance can be granted under the d.v.act, 2005 in addition to the grant of maintenance under section 125 of the code. ..... 08/2015 pronounced on-04/09/2015 the solitary question, which has come up for consideration by this court is whether a relief claimed under protection of woman from the domestic violence act, 2005 (hereinafter referred to as the d.v. ..... since after her ouster from matrimonial home, she along with her two minor daughters have been residing in her parental house and maintaining her children by doing work of labour. .....
Tag this Judgment!Court : Jharkhand
..... binod kumar dubey appearing for the petitioner in both the revisions assailing the order impugned as perverse and bad in law seriously contended that the proceeding under domestic violence act, 2005 for grant of protection and maintenance and a criminal proceeding under section 125 of the code for grant of maintenance being similar in nature cannot proceed simultaneously and no maintenance can be granted under the d.v.act, 2005 in addition to the grant of maintenance under section 125 of the code. ..... 08/2015 pronounced on-04/09/2015 the solitary question, which has come up for consideration by this court is whether a relief claimed under protection of woman from the domestic violence act, 2005 (hereinafter referred to as the d.v. ..... since after her ouster from matrimonial home, she along with her two minor daughters have been residing in her parental house and maintaining her children by doing work of labour. .....
Tag this Judgment!Court : Jharkhand
..... learned counsel submits that section 2 (q) of protection of women from domestic violence act 2005 defines shared household and since it is the joint family property the petitioner no. ..... an application under section 12 of the protection of women from domestic violence act was considered by the learned sub divisional judicial magistrate, sahibganj, who vide order dated 04.08. ..... live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family; section 2 (q) of the protection of women from domestic violence act defines respondents which reads as under :- 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 ..... 2 has supported the impugned order and has referred to various provisions of the protection of women from domestic violence act 2005 and has stated that if family members stay together jointly, liability can also be fixed apart from husband upon any of the relatives of the husband and therefore both the courts below have correctly interpreted the provisions of law and that directed both the petitioners to deposit one time payment by rs. ..... asad ali son of late abdu karim both residents of village punni tola, p.o. ..... satabuddin khan, resident of village-ekra colony, majhartola, p.s. .....
Tag this Judgment!Court : Jharkhand
..... 1533 of 2012 praying for monetary relief under section 20 of the protection of women from domestic violence act, 2005 and the learned chief judicial magisrate, dhanbad vide order dated 5.1.2013 directed that the opposite party (petitioner) shall bear the amount of rs.1.5 lacs per annum for the educational and other expenses incurred for their children. ..... learned counsel for the petitioner has submitted that the proceeding initiated under the provisions of the protection of women from domestic violence act, 2005 is for protecting the right of women, who are victims of domestic violence within the family but as it appears that monetary relief had been sought for and was granted -3- for the son and daughter and in such circumstances, the initiation of the case itself was not ..... 2 had prayed for monetary relief under section 20 of the domestic violence act, in which an order was passed on 5.1.2013 directing the petitioner herein to bear the amount of rs.1.5 lacs per annum for the education and other expenses incurred for their children namely kumar aanjaneya and aparajita sinha. ..... vijay pratap sinha, son of late heeralal sinha, residing at roopshree clinic, shanti colony, steel gate, saraidhella, p.o. & p.s. ..... vijay pratap sinha, residing at roopshree clinic, shanti colony, steel gate, saraidhella, p.o. & p.s. .....
Tag this Judgment!Court : Jharkhand
..... 806/2015 under section 12 of the protection of women from domestic violence act, 2005 on 24.08.2016 before the j.m. ..... in that view of the matter, the above named petitioner is directed to surrender in the court below within four weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named petitioner, on bail, on furnishing bail bond of rs. ..... 2 to 6, namely, sita ram, premchand sao, upendra paswan, arbind paswan and bishwanath paswan are directed to surrender in the court below within four weeks from the date of this order and in the event of their arrest or surrender, the court below shall enlarge the petitioner no. ..... the above named appellant is directed to surrender in the court below within four weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named appellant, on bail, on furnishing bail bond of rs. ..... the above named appellant is directed to surrender in the court below within four weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named appellant, on bail, on furnishing bail bond of rs. ..... the above named appellant is directed to surrender in the court below within four weeks from the date of this order and in the event of her arrest or surrender, the court below shall enlarge the above named appellant, on bail, on furnishing bail bond of rs. .....
Tag this Judgment!Court : Jharkhand
..... 2015 registered for the offence punishable under section 304(b) of the indian penal code, under section 3/4 of the dowry prohibition act and under section 3 of the protection of woman from domestic violence act. ..... however, considering the nature of allegation leveled against the other petitioners and since the deceased used to reside separately at imphal for most of the time with petitioner no.1, her husband, the complicity of these petitioners becomes ..... further been submitted that on own showing of the complainant the petitioner no.1 himself had taken the deceased to imphal and when she was suffering from vomiting the petitioner no.1 had got her immediately treated in regional institute of medical sciences, hospital at imphal on 20.07.2014. ..... 2 to 9, above named, are directed to surrender in the court below within a period of three weeks from today and on their so surrendering they shall be -3- released on bail on furnishing bail bonds of rs.10000/- (rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned chief ..... apart from the above, it also appears that the deceased was residing with the petitioner no.1 at imphal and the incident had taken place there and thereafter she was sent to her parent's house, where the deceased was treated in several hospitals and ultimately died ..... moreover the death certificate also reveals that the deceased was suffering from vomiting and death was on account of cardio-respiratory arrest, multiple organ .....
Tag this Judgment!