Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 19 residence orders Page 3 of about 850 results (0.244 seconds)

Sabita Mark Burges Vs. Mark Lionel Burges

Court : Mumbai

..... the specific statutory provision in india has been under section 19(1)(b) of the protection of women from domestic violence act, 2005 (d.v.act) in which various injunctions are granted in favour of a woman in respect of her residence titled residence orders . ..... (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) directing the respondent to remove himself from the shared household; (c) restraining the respondent or any of his relatives from entering any portion of the shared ..... section 19 of the d.v act came to be enacted in the first place granting essentially the wives/women peace against domestic violence in their residence, their title notwithstanding. .....

Pradeep Suri vs.state & Anr.

Court : Delhi

..... invoking its jurisdiction under section 12 of the protection of women from domestic violence act, 2005 impleading the petitioner herein as the first respondent, this in addition to various other persons, they including his brothers, their wives, sister and her husband, making allegations of they having subjected her to a series of incidents constituting domestic violence within the meaning of the expression used in the said law, she seeking reliefs, inter alia, in the nature of protection orders under section 18, residence order under order 19, monetary relief in ..... by the second respondent through the petition under section 12 of the protection of women from domestic violence act, 2005 arise out of a continuing cause of action. ..... metropolitan magistrate by an application seeking modification of the impugned order dated 08.12.2015, on the ground that material facts had been concealed and that the petition under domestic violence act had suffered from laches but the said application was dismissed.3. ..... not the least on mere averments of the petitioner, that the claim of the second respondent about domestic violence is wholly unfounded. ..... of 4 facie constituting it to be a case of domestic violence. ..... the metropolitan magistrate, by order dated 08.12.2015, took cognizance on the said petitions, also perusing the domestic incident report (dir) and, thereafter, directed the petitioner to be called, issuing process against him for appearance calling upon him to respond including by filing an .....

Aman Nugyal vs.state of Nct of Delhi & Anr.

Court : Delhi

..... petition (cc no.1544/3/2013) presented by the complainant under section 12 of protection of women from domestic violence act, 2005 (for short, the domestic violence act), proceedings have been initiated against the petitioner in the court of metropolitan magistrate with prayer for various reliefs in the nature of protection order (under section 18), residence order (under section 19), monetary reliefs (under section 20), custody order (under section21) and compensation (under section 22).2. ..... the relationship between the parties not being in the nature of domestic relationship within the meaning of expression used in section 2(f) domestic violence act, the petition before the court of magistrate cannot be maintained, the proceedings arising therefrom against the petitioner ..... 227 of the constitution of india, to pray that the aforesaid orders of the courts below be set aside and the proceedings under the domestic violence act taken out by the respondent be quashed.4. ..... going by her own averments in the petition under domestic violence act, she was, at the relevant point of time, thirty two years old dynamic woman and successful marketing and communications professional employed with a ..... (2010) 10 scc469to argue that the petition under the domestic violence act could not be maintained against him by the crl. ..... no doubt the view we are taking would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or .....

Amit Satish Shah Vs. Archana Amit Shah and Another

Court : Mumbai

..... further, the family court had no jurisdiction in making the impugned order even before the main application under section 12 of the protection of women from domestic violence act, 2005 (d.v. ..... act provides that while disposing of an application under sub section (1) of section 12, the magistrate may, on being satisfied that the domestic violence has taken place pass a residence order. ..... there is no question of awaiting the disposal of the main proceedings under the hindu marriage act, 1955 and only at that stage making a residence order in terms of section 19 of the d.v. ..... in such circumstances, there was no bar to making of a residence order under section 19 of the d.v. ..... kapre submitted that residence order under section 19 of the d.v. ..... further, in making any residence order, the court is required to have regard to the financial needs and resources of the parties, which in present case, the family court has completely disregarded. ..... in the making of a residence order, no doubt the court is required to have due regard to financial needs and the resources of the parties. ..... if such a strained interpretation is permitted to prevail, then the very object of enabling the court to make residence orders, is likely to be frustrated. ..... there is no merit in the submission that the family court could not have made a residence order and that such an order can be made only at the stage of final disposal of the proceedings. .....

Medi Koteswara Prasad Vs. Medi Manemma and Others

Court : Andhra Pradesh

..... the complaint was filed under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act'), for granting the following reliefs under sections 19, 20 and 22 of the act:1. ..... section 3 of the act contemplates that for the purpose of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case if- (a) harms or injures or endangers the health, safety, life, limb or well- being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and ..... section 2(a) of the act contemplates that "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 to domestic violence by the respondent. ..... by virtue of clause (g) thereunder "domestic violence" has the same meaning as assigned to it in section 3 of the act. ..... therefore, there should be domestic relationship between the aggrieved person and the respondent apart from the question of subjecting the aggrieved person to any act of domestic violence by the respondent. ..... residence order i.e. ..... chaidambaram counsel for respondent nos.1 and 2: sri siva sankara rao borra counsel for respondent no.3: public prosecutor : ?cases referred: nil order: this criminal petition is filed under section 482 of cr.p.c. .....

Vishal Damodar Patil Vs. Vishakha Vishal Patil

Court : Mumbai

Reported in : 2009CriLJ107

..... the submissions, it will be necessary to refer to the facts of the case in brief.the first respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.5. ..... in the prescribed form, the learned magistrate can exercise power to grant an ex parte ad interim orders under sections 18, 19, 20, 21 or 22 of the said act provided the learned magistrate is satisfied that the application made by the aggrieved person prima facie discloses that the respondent to the said application is committing or has committed an act of domestic violence or there is a likelihood that the respondent may commit an act of domestic violence. ..... section 19 empowers the magistrate to pass a residence order ..... he submitted that the direction issued by the learned trial judge by order dated 4th january, 2008 by which the first respondent was permitted to reside in the shared house is in the nature of the final order which could not have been passed without giving an opportunity to the .....

Shilpa Tandon vs.harish Chand Tandon & Anr.

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.9. ..... 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. .....

Satish Chander Ahuja Vs. Sneha Ahuja

Court : Supreme Court of India

..... that the suit filed by the plaintiff is directly in conflict with the right of the defendant to reside in her matrimonial residence/shared household granted to her by the legislature and specifically envisaged in section 17 and 19 of the protection of women from domestic violence act, 2005 and as such is liable to be dismissed at the threshold. ..... proceedings before a civil court, family court or a criminal court including the residence order, the aggrieved person has to satisfy by leading evidence that domestic violence has taken place and only on the basis of the evidence led on being satisfied that the domestic violence has taken place, the relief available under section 19 can be granted as section 19(1) specifically provides that 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 the ..... whether apart from powers of magistrate under section 25(2) of the act, 2005, the act, 2005 contemplates any other eventuality when despite the order of residence under section 19 an aggrieved person can be evicted or ..... the mention of the divorce petition filed by raveen was made in the plaint and it was pleaded that the defendant as a counter blast has filed the complaint case under the protection of women from domestic violence act, 2005 in which interim order directing the plaintiff not to alienate and not to dispossess the defendant without order of the competent court has been passed. 67. .....

Prabha Tyagi Vs. Kamlesh Devi

Court : Supreme Court of India

..... the aforesaid averments, the aggrieved person approached the court of the special judicial magistrate under section 12 and sought protection orders, residence orders and compensation orders to be passed under various provisions of the protection of women from domestic violence act, 2005 (for short, the d.v. ..... curiae for the appellant-aggrieved person referred to rule 5 of the protection of women from domestic violence rules, 2006 (for short, the d.v. ..... act is to protect a woman from domestic violence, the salutary object of sub-section (1) of section 17 is to confer a right on every woman in a domestic relationship to have the right to reside in a shared ..... whether the consideration of domestic incidence report is mandatory before initiating the proceedings under domestic violence act, 2005 in order to invoke substantive provisions of sections 18 to 20 and 22 of the said act?. ..... the right of residence of the aforesaid categories of women and such other categories of women in a domestic 39 relationship is guaranteed under sub-section (1) of section 17 and she cannot be evicted, excluded or thrown out from such a household even in the absence of there being any form of domestic violence. ..... act is a piece of civil code which is applicable to every woman in india irrespective of her religious affiliation and/or social background for a more effective protection of her rights guaranteed under the constitution and in order to protect women victims of domestic violence occurring in a domestic .....

Varsha Kapoor Vs Uoi and ors.

Court : Delhi

..... the respondent no.4 has instituted proceedings in the court of metropolitan magistrate (mahila court south), new delhi under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act). ..... even when protection order under section 18 or residence order under section 19 is passed, the same can easily be defeated by violating the said orders at the hands of the female relatives of the husband.17. ..... (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) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the shared ..... allegations of domestic violence perpetrated by her husband and mother-in- law are levelled on the basis of which the respondent no.4 has sought protection order under section 18, residence order under section 19 and monetary relief under section 20 as well as compensation order under section 22 of the dv act.2. .....