Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 19 residence orders Page 9 of about 850 results (0.129 seconds)

Present: Mr. R.K.Bansal Advocate Vs. Jaswinder Singh and Others

Court : Punjab and Haryana

..... the present petition lays challenge to orders dated 20.2.2013 and dated 14.6.2010 passed by the additional sessions judge, fast track court (ad hoc).jalandhar and sub divisional judicial magistrate, nakodar whereby the application filed by the petitioner under section 12(1) of the protection of women from domestic violence act, 2005 (for short the act . ..... ) for an order of residence in terms of section 19 of the act was dismissed by the trial court and the appeal filed before the court of sessions was partly allowed by granting monthly rent of rs.4000/- under section 19(f) of the act. ..... as the petitioner failed to prime facie substantiate her plea that she ever resided in the alleged shared household, i do not find any error much less illegality in the impugned order passed by the court in appeal allowing monthly sum of rs.4000/- towards rental to be paid by her husband in discharge of his obligation to provide residential accommodation to his wife. ..... counsel for the petitioner is fair enough to concede that there is no documentary evidence in regard to petitioner ever having resided in house situated at village gehlewal in regard whereof she had claimed right saini paramjit kaur 2014.07.09 15:19 i attest to the accuracy and integrity of this document chandigarh crl. ..... revision no.2542 of 2013 -2- of residence by claiming the said property to be 'shared household'. .....

Hima Chugh Vs. Pritam Ashok Sadaphule and ors.

Court : Delhi

..... inherent powers of this court under section 482 of the code of criminal procedure(code) for setting aside of the order dated 24.12.2010 whereby a complaint under section 29 of the protection of women from domestic violence act 2005(d.v. ..... of judicial magistrate of the first class or the metropolitan magistrate, as the case may be, within the local limits of which(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. ..... it is urged by the learned counsel for the petitioner that even if the petitioner has a temporary residence within the jurisdiction of the trial court, it was obliged to entertain the complaint and could not have dismissed the same on the ..... to infer that applicant resided in a shared household in a purported domestic relationship with the respondent ..... to have been staying or residing there in any kind of domestic relationship with applicant. ..... 6 cannot be taken to have resided together as family members in a joint family having domestic relationship with applicant in a shared ..... of judicial magistrate of the first class or the mm within the local limits of which the aggrieved person permanently or temporarily resides or carries on business is competent to entertain the complaint under the provisions of d.v. .....

Mrs. Savita Bhanot Vs. Lt. Col. V.D. Bhanot

Court : Delhi

Reported in : (2010)158PLR1

..... the legislature has from time to time been making efforts to impart justice and fair play to the women by means of various statutory enactments and protection of women from domestic violence act, 2005, is a landmark initiative taken by the parliament to confer certain important benefits including right of residence on a woman and to penalize those, who fail to provide those benefits to the women despite judicial mandate in the form of order passed by a court under the provisions of the act. ..... kantabai' ii (2009) dmc 787, it has been recorded in para 4 of the judgment that the petitioners were prosecuted by the respondent for an offence punishable under section 23 of the protection of women from domestic violence act, 2005. ..... 252, as judgment relied upon by the learned counsel for the petitioner, madras high court clearly held that since penal consequences under section 31 of the act are attracted only if a protection order is passed and the respondent violates that order, the penal consequences mandate from the date of the protection order and not from the date of acts of domestic violence and, therefore, the court was competent to take cognizance of the acts of domestic violence committed even prior to the act came into force, and pass necessary ..... on 29.11.2006, the petitioner filed a petition before the magistrate under section 12 of protection of women from domestic violence act 2005 (hereinafter referred to as 'the act') seeking various reliefs. .....

Sri A Ramesh Babu Vs. Smt Dharani S

Court : Karnataka

..... reserved for orders on0406.2024, coming on for pronouncement this day, the court made the following:- 3 order the petitioners who are the father-in-law, mother-in-law and brother-in-law of the respondent are before this court calling in question proceedings initiated by the respondent in criminal miscellaneous no.570 of 2021 before the chief judicial magistrate, bengaluru rural district invoking section 12 of the protection of women from domestic violence act, 2005 ( the act for short ..... that the husband and the in-laws or the family members have meted out torture upon the wife, the respondent/wife invoked the jurisdiction of the learned magistrate under section 12 of the act seeking several reliefs, the protection order for residence and maintenance from the hands of the husband. ..... of the first class or the metropolitan magistrate, as the case may be, within the local limits of which (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, 22 shall be the competent court to grant a protection order and other orders under this act and to try offences under this act (2) any order made under this act shall be enforceable throughout india.11. ..... provision makes it clear that the petition under the domestic violence act can be filed in a court where the person aggrieved permanently or temporarily resides or carries on business or is employed. .....

Nagamuthula Kondaiah Vs. State of A.P., Rep. by P.P. and Another

Court : Andhra Pradesh

..... the complainant filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioners herein to pass protection orders, residence order, maintenance order, custody order and to pay monetary relief compensation order and any other reasonable order respectively. 4. ..... the respondent filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioner herein with a plea to restrain him from dispossessing her from shared household and also to pay compensation. 3. ..... here sections 2(a), 2(f), 2(g), 2(q), 2(s) and 3 coupled with sections 18 to 22 of the protection of women from domestic violence act, 2005 (for short the act) are to be considered. ..... (a) by virtue of section 2(a) of the act, 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. ..... (a) by virtue of section 2(a) of the act, 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. ..... (f) section 3 of the act reads - definition of domestic violence. ..... section 3 of the act contemplates definition of domestic violence. .....

Nagamuthula Kondaiah Vs. State of A.P., Rep. by P.P. and Another.

Court : Andhra Pradesh

..... the complainant filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short 'the act') against the petitioners herein to pass protection orders, residence order, maintenance order, custody order and to pay monetary relief compensation order and any other reasonable order respectively.4. ..... the respondent filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short 'the act') against the petitioner herein with a plea to restrain him from dispossessing her from shared household and also to pay compensation.3. ..... here sections 2(a), 2(f), 2(g), 2(q), 2(s) and 3 coupled with sections 18 to 22 of the protection of women from domestic violence act, 2005 (for short 'the act') are to be considered. ..... (a) by virtue of section 2(a) of the act, "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. ..... (a) by virtue of section 2(a) of the act, "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. ..... (f) section 3 of the act reads - "definition of domestic violence". ..... section 3 of the act contemplates "definition of domestic violence". .....

Chamundamma and Others Vs. Lakshmi and Others

Court : Karnataka

..... in its highest wisdom to provide the rights guaranteed under the constitution of india to the victims of domestic violence has enforced the statute "the protection of women from domestic violence act, 2005". ..... "domestic violence" is defined under section 3 of the said act. ..... section 2(f) of the protection of women from domestic violence act, defines "domestic relationship"- among other things, the relationship between two persons, who live or have, at any point of time, lived together in a relationship in the nature of marriage is a domestic ..... victims of domestic violence are entitled for protection orders, residence orders and monetary reliefs from the erring ..... reported in (2005) 2 scc page 33 (rameshchandra daga -vs- rameshwari daga), is of some relevance here though facts, circumstances and question of law were on different count, while clarifying position of law regarding section 25 of the hindu marriage act, the apex court confirmed the order of grant of maintenance to a second wife passed at the time of decree under section 11 of the hindu marriage act. ..... defendants-2 and 3 though born out of the void marriage, by virtue of section 16 of the act are conferred with legitimate status and under sub-section (3) of section 16, they are entitled to inherit the estate of their deceased father along with ..... the legality or otherwise of the marriages in question, section 5 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') enumerates the conditions for a hindu marriage. .....

Kamla Devi Vs. Radha Rani and Another

Court : Punjab and Haryana

..... vide order dated 9.7.2011, judicial magistrate first class, faridabad, had allowed the application under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') filed by respondent no.1, holding that respondent no.1 had been a victim of domestic violence. ..... respondent no.1 was held entitled to the protection order, residence order and monetary order. ..... respondent no.1 having stayed in the shared household having domestic relationship is entitled to the residence order. 11. ..... the grievance of the petitioner is that respondent no.1 can enforce her legal rights against her husband for residence order but not against the petitioner being her mother-in-law and owner of the property in which wife cannot have a right of residence. ..... taruna batra, (2007) scc 169, in support of his contention that a wife can claim a right of residence from her husband only but the property of father-in-law or mother-in-law cannot be claimed as a matter of right by the estranged wife. ..... as per the definition of "shared household" given in section 17 (1) of the act, a wife is entitled to have a right of residence in the "shared household." 7. ..... parul nahar and another, 199 (2013) delhi law times 1, wherein it was observed that daughter-in-law has got no right to reside in property which belongs to her father-in-law as the said property is not covered by the definition of "shared household." 5. .....

Smt Chamundamma Vs. Smt Lakshmi

Court : Karnataka

..... in its highest wisdom to provide the rights guaranteed under the constitution of india to the victims of domestic violence has enforced the statute 24 the protection of women from domestic violence act, 2005 . ..... domestic violence is defined under section 3 of the said act. ..... section 2(f) of the protection of women from domestic violence act, defines domestic relationship - among other things, the relationship between two persons, who live or have, at any point of time, lived together in a relationship in the nature of marriage is a domestic ..... victims of domestic violence are entitled for protection orders, residence orders and monetary reliefs from the erring ..... reported in (2005) 2 scc page 23 33 (rameshchandra daga vs- rameshwari daga), is of some relevance here though facts, circumstances and question of law were on different count, while clarifying position of law regarding section 25 of the hindu marriage act, the apex court confirmed the order of grant of maintenance to a second wife passed at the time of decree under section 11 of the hindu marriage act. ..... -2 and 3 though 22 born out of the void marriage, by virtue of section 16 of the act are conferred with legitimate status and under sub-section (3) of section 16, they are entitled to inherit the estate of their deceased father along with plaintiffs ..... the legality or otherwise of the marriages in question, section 5 of the hindu marriage act, 1955 (hereinafter referred to as the act ) enumerates the conditions for a hindu marriage. .....

Smt Ranjana Gupta Vs. Rajnesh Gupta and ors

Court : Delhi

..... (oral) 1 the petitioner is aggrieved by the impugned order dated 29.07.2013 endorsing the finding of the learned mm dated 28.03.2012 vide which the order passed on the complaint case (cc no.174/2003) under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as pwdva ) had been disposed of without granting any relief to the ..... residence order was also declined for the reason that appellant/complainant was a government servant, who was also entitled to house rent allowance (hra ..... residence order is also declined for the reason that complainant being a government servant is also entitled to hra which should be equivalent to hra earned by the respondent and therefore the said relief is also ..... trial court further noted that appellant/complainant was residing separately since 05.10.2004 and there were no complaints during the intervening period or even prior to that for commission of domestic violence by the respondents. ..... on to hold that the complainant has been able to prove the allegations of cruelty and harassment meted out by the respondent to the complainant and has proved the same; it has noted that she had resided in the house for about 8-9 months and thereafter she was living separately. ..... i was found that husband/r-1 was residing in the house of his parents and had no separate ..... similarly, appellant/complainant was residing with her parents and was financially ..... similarly, the complainant is residing with her parents and is financially .....