Court : Chennai
..... section 19(1)(f) of the protection of women from domestic violence act, 2005, the first petitioner/husband has to provide an alternate accommodation to the first respondent/wife and moreover, as per section 19(1) (a) of the act (43 of 2005), if the first respondent/wife is attempted to be disturbed of the possession from the shared household, then the learned judicial magistrate is empowered to pass residence orders under section 19 of the act ..... the contentions of the learned counsel for the petitioners, the learned counsel for the first respondent/wife submits that the learned judicial magistrate has passed final orders in d.v.o.p.no.29 of 2012 on 21.09.2012 and as against the said final order as per section 23 of the protection of women from domestic violence act, 2005 (act 43 of 2005), an appeal is to be preferred by the revision petitioners/respondents and in short, the present revision petition filed by them is not maintainable before this ..... on behalf of the petitioners is that the learned judicial magistrate, valliyoor has recorded the sworn statement of the first respondent/wife and nowhere in the protection of women from domestic violence act, 2005, recording of sworn statement is permissible before passing an exparte order and in fact, the proceeding before the trial court under the protection of women from domestic violence act, 2005 is a civil in nature and therefore, a summary procedure is to be followed like that of the one followed under section 125 of cr.p.c. .....
Tag this Judgment!Court : Mumbai Nagpur
..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of rs. ..... learned advocate for the respondent submitted that there is no question of limitation as submitted by the learned advocate for the petitioner as there is continuous cause of action for a wife to claim maintenance and avail of residence and protection orders under the domestic violence act. ..... her husband, she can apply under section 12 of the act as an "aggrieved person" complainant of domestic violence and seek orders under the act i.e. ..... section 12 which require application before the magistrate for obtaining order or reliefs under the act contains proviso to the effect that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. ..... state of karnataka & anr reported in 2010 all mr (cri) journal 158 wherein it is observed that thus; "in other words if there is a domestic incident report that is received by the magistrate either from the protection officer or from the provider, then it becomes obligatory on the part of the magistrate to take note of the said domestic incident report before passing an order on the application filed by the aggrieved party. .....
Tag this Judgment!Court : Chennai
..... according to the learned counsel for the revision petitioner/husband, the learned judicial magistrate, aranthangi should have seen that c.m.p.no.9459 of 2010 (filed by the first respondent/wife under section 128 of the criminal procedure code) is not maintainable to execute the order of maintenance passed under section 12 of the protection of women from domestic violence act, 2005, as if the said order and claim in m.c.no.5 of 2009 has been passed under section 125 of the criminal procedure code.5. ..... . section 19 refers to the 'residence orders' being passed by the learned judicial magistrate.17 ..... the learned judicial magistrate, aranthangi on 18/6/2010 in m.c.no.5 of 2009 has passed orders in favour of the respondents (wife and children) by directing the revision petitioner/husband not to cause any threatening act or harass them and further granted residence protection orders in favour of the respondents and also granted rs.10,000/- p.m. ..... per contra, it is the submission of the learned counsel for the respondents/petitioners (wife and children) that the learned judicial magistrate, aranthangi in cr.m.p.no.4065 of 2009 on 29/7/2009 has passed interim orders to the effect that the revision petitioner/husband should not cause any hindrance to the respondents/petitioners (wife and children) to reside in the revision petitioner's house and granted the protection of residence orders.8. .....
Tag this Judgment!Court : Delhi
..... reliance is also placed on the order of sh.rakesh kumar yadav, jmic, sonepat dated 03.05.2012 in an application filed by defendant no.2 under section 12 of the protection of women from domestic violence act, 2005. ..... defendant no.2 has strongly relied upon section 17 of the domestic violence act to state that she has a right of residence in the suit property. ..... , 2012 (193) dlt 22.it is contended by the learned counsel that under the protection of women from domestic violence act, defendant no.2 has no right to reside in the suit property in which her husband has no right, title or interest. ..... on the basis of the facts, the court concluded that the petitioner (defendant no.2 herein) is not entitled for an interim relief of residence order as well as protection order as she is residing at the relevant time at sonepat. ..... the relevant court has declined to grant relief of residence order or protection order to defendant no.2.11. ..... however, the court has declined her any relief of residence order or protection order. ..... -(1) notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. .....
Tag this Judgment!Court : Karnataka
..... hence, by way of this petition she seeks protection order under section 18, residence under section 19, to pay monetary relief under section 20 and to grant compensation or damages under section 22 of the protection of women from domestic violence act, 2005.6. ..... section 29 of the protection of women from domestic violence act, 2005 relates to preferring an appeal against the order passed by the magistrate as the appeal would lie within 30 days from the date of the order. ..... the interpretation given to the domestic relationship relating to the petitioner as well as the first respondent late manmohan attavar in the instant case, has not been established by the petitioner for seeking the relief under the provisions of the protection of women from domestic violence act, 2005. :36. ..... the following orders be passed under protection of women from domestic violence act2005 sec.17: right to reside in a 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) directing the respondent to remove himself from the shared household; :30. .....
Tag this Judgment!Court : Supreme Court of India
..... mr yatish mohan, learned counsel appearing on behalf of the appellant submitted that: (i) the appellant is residing in her matrimonial home as the lawfully wedded spouse of the fourth respondent and she cannot be evicted from her shared household, in view of the protection offered by section 17 of the protection of women from domestic violence act 200511; 11 pwdv act 2005 8 part b (ii) the proceeding under sections 3 and 4 of the senior citizens act 2007 was filed by her mother-in-law and father-in-law in connivance with her estranged spouse to deprive her of her matrimonial ..... the fourth respondent shall also continue to pay the electricity dues in future; and (iv) in order to enable the appellant to pursue her remedies under the pwdv act 2005, there shall be an order and direction restraining the respondents from forcibly dispossessing the appellant, disposing of the premises or from creating any right, title and interest in favor of any third party in any manner whatsoever for a period of one year, to enable the appellant to pursue her remedies in accordance with law. .....
Tag this Judgment!Court : Supreme Court of India
..... in view of the such continued domestic violence, it is not necessary for the courts below to decide whether the domestic violence is committed prior to the coming into force of the protection of women from domestic violence act, 2005 and whether such act falls within the definition of the term domestic violence as defined under section 3 of the pwd act, 2005.14. ..... sessions courts by the said order set aside the order prohibiting the respondent-husband from committing acts of domestic violence as against the appellant-wife by not allowing her to live in the shared household and the order directing the respondent to reside in the house owned by respondent s mother and upheld the order granting maintenance of rs.2,000/- per month in favour of the appellant- wife by the respondent-husband.3. ..... -(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 .....
Tag this Judgment!Court : Delhi
..... it was also stated by the appellant in her written statement that several civil and criminal litigation's were pending between her and her husband, including a complaint under section 12 of the protection of women from domestic violence act, 2005, which is pending adjudication before the dwarka district courts. ..... the first appellate court vide judgment and order dated 30.01.2006 held that the statutory right of the appellant of residence under section 17 of the domestic violence act or of maintenance under section 18 of the hindu adoption and maintenance act, 1956 were not enforceable against a third person i.e a landlord. ..... similarly, the residence orders which could be obtained by an aggrieved wife under section 19 of the act also would not include a landlord in whose premises the couple resided under a lease agreement, the period of which has expired. 24. ..... consequently, they may or may not have title to the property and hence the victim can apply for a residence order to the court in respect of a shared household, which includes their matrimonial home, whether or not she has any right, title or beneficial interest therein. .....
Tag this Judgment!Court : Karnataka
..... submission of learned counsel for the respondent is that, as the protection of women from domestic violence act, 2005 has been enacted to protect the women being the victims of domestic violence, it is therefore contended that the reference to the statement of objects and reasons that the provisions contained in sub-section (3) of section 29 will be applicable even to the domestic violence act and it is not restricted only to the law relating to marriage and divorce. 14. ..... though, learned counsel for the parties also referred to the commencement of the period of 30 days in preferring the appeal, by referring to the provisions contained in section 29 of the domestic violence act, 2005, since in the instant case, the petitioner has already obtained the order from the trial court and had preferred an appeal, the need to consider the contentions urged in this connection therefore may not arise in the present case and in an appropriate case, such aspect could be considered. 22. ..... the petitioner herein being the husband contested the said application and ultimately, the trial court by its order dated 19.06.2010, directed the petitioner herein to provide residence to the 1st respondent and in the event of the petitioner giving up his rights in the government quarters, he will have to provide alternative accommodation to his wife and the court further directed the petitioner to settle the .....
Tag this Judgment!Court : Delhi
..... . a catena of verdicts has been relied upon on behalf of the appellant in support of the contentions that there being collusion between her spouse and the plaintiff/ respondent no.1, she cannot be deprived of her rights to reside in the premises in suit which form her matrimonial home and fall within the category of shared household rsa172019 page 14 of 17 in terms of section 2 (s) of the protection of women from domestic violence act, 2005.20 ..... . so, contention of appellant that impugned order is liable to set aside on the ground that the same may render infructuous proceedings with regard to residence of appellant in case filed under provisions of domestic violence act is liable to be rejected ..... . appellant in proceedings filed under provisions of domestic violence act may pray for grant of equivalent accommodation vis a vis suit property and thus legal right of appellant is not being effected by impugned order ..... . perusal of trail court record shows that no doubt affidavit of respondent no.1 had some lines as mentioned in appeal which are not concerning suit filed by respondent no.1 before trial court but vide order dated 22.01.2016, trial court allowed application of respondent no.1for amendment of plaint which order has not been challenged by appellant till date meaning thereby that the same ground goes for appellant ..... . whether aveka singh s right continues to reside in the suit property on account of no order being passed against respondent no 2 for vacation of property. 19 .....
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