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. .....
Tag this Judgment!Court : Kerala
..... 57/2013 before the judicial first class magistrate court-i, aluva seeking order under section 20 of the protection of women from domestic violence act, 2005, directing the respondent to pay a consolidated monthly maintenance at the rate of rs.10,000/- to the 1st petitioner and rs.5,000/- each to the petitioners 2 and 3, pass a residence order under section 19 of the act directing the respondent to accommodate the petitioners in the shared household or to provide an alternate residence for the petitioners or pay them an amount of rs.15,000/- monthly rentals for ..... the interim application submitted by the petitioners seeking an order allowing the petitioner and her children to reside in the matrimonial home of the 1st petitioner in ..... submitted that there is no alternate residence available for the petitioners in ..... , there will be a direction to the judicial first class magistrate's court-i, aluva to consider and dispose of ext.p2 petition for interim order after affording an opportunity of being heard to both sides within a period of one month from today. ..... source of income other than the interim maintenance ordered by the family court for the children.4. ..... 2013 (q) --------------------------------------- against the order/judgment in mc572013 of judicial ..... the time of separation of the 1st petitioner and the respondent, the 1st petitioner was having sufficient source of maintenance whereas she lost her employment on account of the highhanded interference from the side of the respondent. .....
Tag this Judgment!Court : Delhi
..... the division bench held that in light of the judgment of the supreme court in taruna batra s case (supra) a wife could claim a right of residence under section 2(s) of the protection of women from domestic violence act, 2005 in the premises where she stayed along with her husband as a joint family with the owners of the premises, regardless of whether she or the husband had any right, title or interest in the shared household . ..... taruna batra, the learned single judge of this court, vide order dated march 21, 2014 held that the property at b-44, vishal enclave was not shared household under section 2(s) of the protection of women from domestic violence act, 2005; that surender kaur was the sole owner of the property and as a consequence, navneet kaur, being the daughter-in-law of surender kaur, would have no right to stay in the property owned by her mother-in-law. 11. ..... in order to understand the scope of shared household and the rights of a wife therein under the protection of women from domestic violence act, 2005, as intended by the legislature, the division bench surveyed the policy underlying the protection of women from domestic violence act, 2005 and opined that the act was a social welfare legislation enacted for the benefit of women, keeping in view societal conditions whereby most married families in india, regardless of their religion or community, continued to live in premises owned by their parents. .....
Tag this Judgment!Court : Delhi
..... thereafter, wife filed a complaint in the court of mm at delhi making her husband (nagesh malik), father-in-law (harbans lal malik), mother-in-law (neelam malik) and brother-in-law (varun malik) as parties under section 12 of protection of women from domestic violence act, 2005 [in short domestic violence act] with a prayer that court should pass a protection order under section 18, residence order under section 19, monetary relief order under section 20, compensation order under section 22 and interim orders under section 23 of the act. ..... i also consider that issue of assuming jurisdiction on the basis of temporary residence may have no force today when statutory provisions in india allow assumption of jurisdiction on the basis of a temporary residence [section 27(1)(a) of protection of women from domestic violence act, 2005].28. ..... the definition of "domestic violence" as given in section 3 of the protection of women from domestic violence act, 2005 and is under:3. d e f i n i t i o n o f d o m e s t i c v i o l e n c e . ..... the trial court after discussing the objects and aims of the protection of women against domestic violence act, 2005 and after reproducing a quote from novelist joseph conrad "being a woman is a terribly difficult task, since it consists principally in dealing with men" [as if men, though given birth by women, are ferocious animals and not human beings, but cannibals] passed an order for grant of maintenance.7. .....
Tag this Judgment!Court : Delhi
..... thereafter, wife filed a complaint in the court of mm at delhi making her husband (nagesh malik), father-in-law (harbans lal malik), mother-in-law (neelam malik) and brother-in-law (varun malik) as parties under section 12 of protection of women from domestic violence act, 2005 [in short domestic violence act] with a prayer that court should pass a protection order under section 18, residence order under section 19, monetary relief order under section 20, compensation order under section 22 and interim orders under section 23 of the act. ..... i also consider that issue of assuming jurisdiction on the basis of temporary residence may have no force today when statutory provisions in india allow assumption of jurisdiction on the basis of a temporary residence [section 27(1)(a) of protection of women from domestic violence act, 2005].28. ..... the definition of "domestic violence" as given in section 3 of the protection of women from domestic violence act, 2005 and is under:3. d e f i n i t i o n o f d o m e s t i c v i o l e n c e . ..... the trial court after discussing the objects and aims of the protection of women against domestic violence act, 2005 and after reproducing a quote from novelist joseph conrad "being a woman is a terribly difficult task, since it consists principally in dealing with men" [as if men, though given birth by women, are ferocious animals and not human beings, but cannibals] passed an order for grant of maintenance.7. .....
Tag this Judgment!Court : Karnataka
..... . the court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right of the residence.22 ..... . para 12 of the plaint would give an indication as to why this dispute has arisen between father and the son and the said pleadings would also enable this court to assert whether son to overcome an eviction order under the provisions of senior citizens act, 2007 has set up his wife to invoke the provisions of domestic violence act ..... . act,2005 which protects a woman's right to reside in her shared household, ensuring neither act's provisions are unjustly negated, as highlighted in vanita v ..... . the daughter-in-law also cannot seek protection and assert her right to reside in the disputed residential 36 house by taking benefit of proviso to definition 2(q) of the d.v.act, 2005.30 ..... he has vehemently argued and contended that daughter-in-law s invocation of domestic violence is patently manipulative and the proceedings are initiated only to get over the eviction order passed under the senior citizens act, 2007. ..... . these include residence orders, protection orders, and monetary reliefs .....
Tag this Judgment!Court : Karnataka
..... . the court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right of the residence.22 ..... . para 12 of the plaint would give an indication as to why this dispute has arisen between father and the son and the said pleadings would also enable this court to assert whether son to overcome an eviction order under the provisions of senior citizens act, 2007 has set up his wife to invoke the provisions of domestic violence act ..... . act,2005 which protects a woman's right to reside in her shared household, ensuring neither act's provisions are unjustly negated, as highlighted in vanita v ..... . the daughter-in-law also cannot seek protection and assert her right to reside in the disputed residential 36 house by taking benefit of proviso to definition 2(q) of the d.v.act, 2005.30 ..... he has vehemently argued and contended that daughter-in-law s invocation of domestic violence is patently manipulative and the proceedings are initiated only to get over the eviction order passed under the senior citizens act, 2007. ..... . these include residence orders, protection orders, and monetary reliefs .....
Tag this Judgment!Court : Karnataka
..... . the court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right of the residence.22 ..... . para 12 of the plaint would give an indication as to why this dispute has arisen between father and the son and the said pleadings would also enable this court to assert whether son to overcome an eviction order under the provisions of senior citizens act, 2007 has set up his wife to invoke the provisions of domestic violence act ..... . act,2005 which protects a woman's right to reside in her shared household, ensuring neither act's provisions are unjustly negated, as highlighted in vanita v ..... . the daughter-in-law also cannot seek protection and assert her right to reside in the disputed residential 36 house by taking benefit of proviso to definition 2(q) of the d.v.act, 2005.30 ..... he has vehemently argued and contended that daughter-in-law s invocation of domestic violence is patently manipulative and the proceedings are initiated only to get over the eviction order passed under the senior citizens act, 2007. ..... . these include residence orders, protection orders, and monetary reliefs .....
Tag this Judgment!Court : Chennai
..... . priyanka khanna & ors reported in 2010 (119) drj 182 "protection of women from domestic violence act, 2005 section 20 excessive maintenance no concrete proof of high status and vast property of husband mere allegations made by the wife that husband was a man of status and had vast movable and immovable properties would not give jurisdiction to the court to pass an order of maintenance beyond the means of the husband properties in the name of in-laws cannot be considered income of the husband was rs.41,000/- per ..... . sanjay singh sandhu & ors reported in 2007 (96) drj 697 " protection from domestic violence act, 2005, sections 2 & 17 civil procedure code, 1908 order 39 rules 1 and 2 interim injunction sought by daughter in law against her husband and in laws seeking protection from eviction from matrimonial home the wife can claim right or residence only against her husband and not her in laws house belonging to parents held that neither son nor his wife can claim any right to stay in the house interim injunction ..... therefore, the respondent / wife had entreated to be provided with accommodation for her residence and her children and also pleaded for payment of maintenance to the minor children. 3 ..... the first petitioner and his family members are residing at door no.733, 4th street, anna nagar west extension, which had been purchased by his father after raising a loan from the bank and now his father repaying the amount to the bank from his monthly pension. .....
Tag this Judgment!Court : Karnataka
..... . the court in this case clarified that the reliefs granted under sections 17-23 of the d.v.act, 2005 are civil in nature, designed to protect women from domestic violence by providing various civil remedies ..... . in the said case, son to resist wife s petition under the provisions of domestic violence act gifted the property to his father and set up his father only to resist the right of a wife to claim right of the residence.22 ..... . para 12 of the plaint would give an indication as to why this dispute has arisen between father and the son and the said pleadings would also enable this court to assert whether son to overcome an eviction order under the provisions of senior citizens act, 2007 has set up his wife to invoke the provisions of domestic violence act ..... . act,2005 which protects a woman's right to reside in her shared household, ensuring neither act's provisions are unjustly negated, as highlighted in vanita v ..... . the daughter-in-law also cannot seek protection and assert her right to reside in the disputed residential 36 house by taking benefit of proviso to definition 2(q) of the d.v.act, 2005.30 ..... he has vehemently argued and contended that daughter-in-law s invocation of domestic violence is patently manipulative and the proceedings are initiated only to get over the eviction order passed under the senior citizens act, 2007. ..... . these include residence orders, protection orders, and monetary reliefs .....
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