Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 19 residence orders Court: uttaranchal Page 1 of about 1 results (0.088 seconds)

Rafat Araa Vs. Kamar Mirja

Court : Uttaranchal

Reported in : 2012(4)LRC478

..... of "shared household" is mentioned in clause (s) of section 2 of protection of women from domestic violence act, 2005. ..... filed under section 29 of protection of women from domestic violence act, 2005. ..... she moved an application under protection of women from domestic violence act, 2005, against the respondent pleading that she was being subjected to physical cruelty by the respondent to oust her from the house, they are ..... as under:- " aggrieved person" means any woman who is , or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent. ..... 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; from the above definition of domestic relationship it appears that it is necessary that the aggrieved person should have related to the respondent by consanguinity, marriage or through the relationship in the nature of marriage, adoption or as a member of joint family. ..... the appellate court has committed no illegality in allowing the appeal, and setting aside the order passed by the magistrate in favour of the petitioner. ..... (2) by means of this petition, moved under section 482 of code of criminal procedure, 1973, the petitioner has quashing of the judgment and order dated 16.05.2011, passed by additional sessions judge, kashipur, in .....

Nirmal Jeet Kaur Vs. State of Uttarakhand, Through Home Secretary Dehr ...

Court : Uttaranchal

..... of ex-parte order by the magistrate under the protection of women from domestic violence act-2005 cannot be said to be arbitrary or against the basic principles of judicial procedure, particularly when sub- section (2) of sub-section 28 of the act, provides that nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or sub-section (2) of section 23. ..... (6) as to the procdure of the proceeding under protection of women from domestic violence act-2005 sub-section (1) of sub-section (28) provides that save as otherwise provided in the act of proceeding under section 12, 18, 19, 20, 21, 22, and 23 and under section 31 shall be governed by the provision of code ..... hand, in reply to above, learned respondent no.2 and 3 drew attention of this court to sub-section (2), of section 28 protection of women from domestic violence act 2005, which reads as under: nothing in sub-section (1) shall prevent the court from laying dwon its own procedure for disposal of an application under section 12 or under section sub section (23). ..... mention here that proceeding based on an application under section 12, the protection of women from domestic violence act-2005 are not the proceeding of trial of an offence. ..... relations between the parties to matrimony got soured and the petitioner nirmal jeet kaur moved an application under section 12 read with section 18, 19, 20, and 21 of protection of women from domestic violence act-2005. .....

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. .....

Sunil Kumar Gupta Vs. Smt. Shalini Gupta

Court : Uttaranchal

Reported in : 2012CrLJ1958

..... shalini gupta launched another round of litigation against her husband under the protection of women from domestic violence act, 2005 (act no. ..... 25999/2008 before the honble apex court, on which the apex court stayed the operation of the order for payment of rupees fifteen lakhs, subject to the payment of maintenance @ rupees seven thousand per month to smt. ..... shalini gupta cannot be equated with a woman who has been in a domestic relationship as envisaged in the definition provided under section 2(a) of the act of 2005. ..... shalini gupta by her husband either by way of rent, as she was residing separately, or in the same shared household. ..... in the event of the provision for residence of a divorced wife having been made by the husband in the matrimonial home situated in the tenanted premises, such divorced wife too would be entitled to defend, in the eviction proceedings, the tenancy rights and rights of occupation ..... whether or not she has the right of residence in the matrimonial home, would depend on the terms and conditions in which the decree of divorce has been granted and provision for maintenance (including residence) has been made. ..... both children are residing with smt. ..... in the decree of divorce, no mention was made by the learned judge, either in the trial or in appeal, regarding the provision of residence of smt. ..... all that was granted to her was the maintenance to the tune of rupees seven thousand per month, which includes all her expenses including the residence. 8. .....