Court : Andhra Pradesh
..... petitioners, who are respondent nos.3 and 5 in the domestic violence case no.25 of 2007 on the file of vi additional munsif magistrate, guntur for the offences punishable under sections 18, 19 and 20 of the protection of women from domestic violence act, 2005 (for brevity, "the act"), filed this petition to quash the proceedings initiated against them. ..... since the resident orders can be passed against all the respondents, preventing them from interfering with the possession of the aggrieved person in the domestic violence case, mere impleadment of the petitioners in the in the domestic violence case, does not give raise to a criminal offence to quash the proceedings at the initial stage. ..... in view of the same, issuing of summons and non-bailable warrants for their presence, is not at all warranted, at the stage of passing of the protection orders or residence orders by the concerned magistrate. ..... only on violating the protection orders passed under section 18 of the act and residence orders under section 19 of the act, the magistrate can proceed under section 31 of the act and can summon the violators to show cause why penalty for breach of the protection should not be imposed on them. ..... if the petitioners chose not to represent in the matter, ex parte orders can be passed and only if they violate the orders, they can be proceeded under section 31 of the act as referred above. .....
Tag this Judgment!Court : Kolkata
..... the complainant/opposite party herein instituted a proceeding under section 12 of the protection of women from domestic violence act, 2005 before the learned judicial magistrate, 5th court, serampore claiming relief of right of residence along with her husband and child at her matrimonial home, that is, at 95/a patuapara lane ..... das, appearing on behalf of the opposite party has contended that the impugned order has been passed under section 23 of the 2005 act and this is purely interim in nature. ..... from the provisions of section 29 of the said act, it is clear that an appeal lies against an order passed under section 23 of the said act. ..... act itself does not provide for revision before this honble court, but section 29 of the said 2005 act lays down a provision for appeal against orders passed under the provisions of the said act ..... the opposite parties/petitioners herein have filed this application for quashing the said proceeding as well as setting aside the order under section 23 of the 2005 act. ..... an application under section 23 of the said 2005 act for interim relief and that prayer was granted by the impugned order. ..... no.673 of 2010 thereby granting an interim order of right of residence of the petitioner/opposite party therein in the dwelling house situated at 95/a patuapara lane ..... -there shall lie an appeal to the court of session within thirty days from the date on which the order made by the magistrate is served on the aggrieved person or the respondent, as the case may be, whichever .....
Tag this Judgment!Court : Punjab and Haryana
..... the order regarding payment of the rent to the wife was not in accordance with clause (f) of section 19 of the protection of women from domestic violence act, 2005. ..... court does not find any violation of clause (f) aggarwal anoop kumar 2014.02.11 18:13 i attest to the accuracy and integrity of this document high court chandigarh crr no.162 of 2014 4 of section 19 of the protection of women from domestic violence act, 2005, in awarding the amount under the said section. ..... learned appellate court/ additional sessions judge, jalandhar, held as under:- the appellant-respondent no.1 has not challenged the order qua the assessment of monthly income between `12000/- to `15000/- and has also not challenged the maintenance provided to the applicant at the rate of `1600/- per month ..... the learned trial judge held as under:- ----so far as the relief of residence is concerned it emanates from the evidence recorded on file that the petitioner has been unable to prove the fact that respondent is sole owner of the matrimonial ..... challenge in this criminal revision petition is to the order dated 20.11.2013 passed by learned additional sessions judge, jalandhar, whereby the appeal filed by the petitioner challenging the order dated 02.08.2010 passed by learned judicial magistrate ist class, jalandhar, whereby the respondent- wife was awarded `3000/- per month as rent of the house, ..... applicant has demanded the rent for alternative accommodation of the same level in which the applicant has been residing. .....
Tag this Judgment!Court : Karnataka
..... was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their ..... no.1/husband for protection order, monetary reliefs, right of residence etc. ..... .r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates .....
Tag this Judgment!Court : Karnataka
..... was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their ..... no.1/husband for protection order, monetary reliefs, right of residence etc. ..... .r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates .....
Tag this Judgment!Court : Karnataka
..... was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their ..... no.1/husband for protection order, monetary reliefs, right of residence etc. ..... .r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates .....
Tag this Judgment!Court : Karnataka
..... was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their ..... no.1/husband for protection order, monetary reliefs, right of residence etc. ..... .r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates .....
Tag this Judgment!Court : Madhya Pradesh
..... present revision are that the respondent uma trivedi has moved an application under sections 12, 18, 19 and 20 of the protection of women from domestic violence act, 2005 (hereinafter referred to as act, 2005 .). it 2 cr.r. ..... the entire evidence adduced by the parties accepted the application of the respondent uma trivedi and a relief was granted under section 19 of the act, 2005 that the applicant shall keep one room for his residence and he would handover the entire possession of the remaining house of the respondent and he would 3 cr.r. ..... the learned additional sessions judge bhopal vide judgment dated 30.7.2011 modified the order passed by the learned jmfc bhopal and directed to handover the possession of the remaining room to the respondent ..... under such circumstances, if the learned additional sessions judge has modified the order passed by the learned jmfc bhopal, then no illegality or perversity has been ..... the applicant did not prefer any appeal against that order, on the contrary the respondent uma trivedi preferred an appeal ..... ----------------------------------------------------------------------------------- order (passed on the 21st day of february, 2013) by this criminal revision the applicant has challenged the order dated 30.7.2011 passed by the 12th additional sessions judge, bhopal in criminal appeal no.184/2011 whereby the order dated 28.3.2011 passed by the jmfc (shri manot kumar sharma) bhopal in mj.no.15/2010 was modified that the applicant shall vacate the entire .....
Tag this Judgment!Court : Delhi
..... the present petition under section 482 cr.p.c.assails an order of interim maintenance under the protection of women from domestic violence act, 2005 (in short domestic violence act) passed by the learned mm on 16th january, 2008 and confirmed by the learned additional sessions judge in appeal by order dated 29th february, 2008 ..... marriage did not succeed, the husband/petitioner filed a petition under section 12 of hindu marriage act for declaring the marriage as null and void and the wife first filed an fir against the husband under section 498a/406 ipc and then filed an application under section 12 of domestic violence act.3. ..... find that the order dated 16th january, 2008 passed by the learned mm and order dated 29th february, 2008 passed by the learned additional sessions judge fixing maintenance without there being any prima facie proof of the husband being employed are not tenable under domestic violence act. ..... had no source of income, he was not even able to maintain himself and had incurred loan, but observed that since the petitioner had earlier worked abroad as sales manager and in view of the provisions of domestic violence act, he had the responsibility to maintain the wife and monetary relief was necessarily to be provided to the aggrieved person i.e. ..... thus, maintenance can be fixed by the court under domestic violence act only as per prevalent law regarding providing of maintenance by husband to ..... the petitioner was a non-resident indian, working in luanda, angola in africa as .....
Tag this Judgment!Court : Punjab and Haryana
..... while challenging the order dated 29.10.2010 passed by the learned additional chief judicial magistrate, chandigarh, in a complaint filed under the protection of women from domestic violence act, 2005 (for short, ' the domestic violence act'), inter-alia, prayer is for enhancement of maintenance and also for providing residence. 4. ..... parties to lead evidence, in my opinion, it can be resolved that whatever maintenance is finally fixed by the court in the complaint filed by the petitioner-wife under the domestic violence act, which was filed in august 2010 and the entitlement of the petitioner for maintenance under section 24 of the act is from april 2010 to august 2010, the same amount shall be payable from april 2010 onwards which will take care of the entitlement of the petitioner even under ..... 5897 of 2010 arising out of an order passed by the learned additional district judge, patiala, determining maintenance in an application under section 24 of the act is concerned, the relevant period is merely from april 2010 to august 2010, for which rs.10,000/- was fixed as maintenance, which has already been paid by the respondent-husband ..... 5897 of 2010, order dated 21.8.2010 passed by the learned additional district judge, patiala in an application filed by the petitioner-wife under section 24 of the hindu marriage act, 1955 (for short, the act), in a petition for divorce filed by respondent devinder pal singh under section 13 of the act, is under challenge and the prayer is for .....
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