Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 2 definitions Court: andhra pradesh Page 1 of about 17 results (0.174 seconds)

Sikakollu Chandramohan and Others. Vs. Sikakollu Saraswathi Devi and A ...

Court : Andhra Pradesh

..... one or the other daughters.3.having regard to date of separate living of the 1st respondent since may, 2006, it is contended by the senior counsel for the petitioners that since cause of action took place prior to the protection of women from domestic violence act, 2005 (in short, the act) coming into force, d.v.c.no.17 of 2007 does not lie and that the act is prospective in its operation and not retrospective in operation. ..... definition of domestic violence:- for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it :- (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 ..... therefore, the evidence of p.w.1 in her cross-examination cannot have any bearing in determining existence of domestic violence in this case as per law and as per definition contained under section3 of the act. ..... explanation ii:- for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration. ..... one cannot expect the 2nd respondent to know definition of domestic violence with all its explanations contained in section 3 of the act. .....

Afzalunnisa Begum W/O. Late Mohd. Abdul Salam Vs. the State of A.P. Re ...

Court : Andhra Pradesh

Reported in : 2009CriLJ4191

..... , is whether 'respondent' as defined under section 2(q) includes a female person or not under the protection of women from domestic violence act, 2005 (for short 'the act').2. ..... definition of domestic violence.for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:(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 ..... after referring to the definition of respondent in section 2(q) and statement of objects and reasons for enacting the act held that for obtaining any relief under the act, an application can be initiated against only adult male person and on such application or under such proceeding, protection order can be passed; those orders will also be passed only against the adult male person and as provided under section 31 of the act, non compliance of a protection order or an interim protection order has been made ..... learned counsel for the petitioners in both the criminal petitions contended that the domestic violence case against the petitioners is not maintainable in view of the definition of 'respondent' in section 2(q) of the act, but the same can be filed only against any adult male person but not against female persons. .....

T. Saritha Reddy and anr. Vs. T. Obireddy

Court : Andhra Pradesh

Reported in : 2009(1)ALT481

..... supra) wherein the apex court while dealing with matrimonial home in the context of provisions of protection of women from domestic violence act (43 of 2005) observed at paras 12, 16, 23 and 25 as under:with respect, we are unable to agree with the view taken by the high court.there is no such law in india, like the british matrimonial homes act, 1967 and in any case, the rights which may be available under any law can ..... along with their henchmen and the first appellant with the advise of second appellant went to iv town police station and lodged a complaint under section 498a, 307 r/w section 34 ipc and sections 3 and 4 of dowry prohibition act and they concealed about foisting similar case against his family members at bangalore and they also influenced the police and as such without proper enquiry ..... and taking advantage of the absence of other members of the family, without having any manner of right trespassed into the house and tried to dispossess him forcibly from the plaint schedule house high handedly and he being aged about 74 years could not resist the high handed activities of the petitioners and their men and fortunately ..... only be as against the husband and not against the father-in-law or mother-in-law.learned counsel for the respondent smt.taruna batra stated that the definition of shared household includes a house-hold where the person .....

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

Court : Andhra Pradesh

..... 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. ..... (f) section 3 of the act reads - "definition of domestic violence". ..... in other words, when domestic relationship as defined in section 2(q) is one of the conditions to file an application under the act, a relative of the husband or male person must be one who comes within the ambit of that definition which excludes a relative like the respondent in this case.8. ..... the person aggrieved, covered by the proviso under section 2(q) falls within the ambit of the definition of domestic relationship being a relative of the respondent by marriage ..... what is envisaged under the proviso in section 2(q), which section defines what is meant by 'respondent' that an aggrieved wife or female living in a relationship in the nature of a marriage may file a complaint against a relative of the husband or male person is well within the ambit of the definition of domestic relationship only. ..... section 3 of the act contemplates "definition of domestic violence". ..... importantly in the definition of shared house also it is emphasized that the person aggrieved must have lived in a shared house having got domestic relationship which in fact does not include a person like the respondent herein subject to the formalities mentioned .....

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

Court : Andhra Pradesh

..... 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. ..... (f) section 3 of the act reads - definition of domestic violence. ..... in other words, when domestic relationship as defined in section 2(q) is one of the conditions to file an application under the act, a relative of the husband or male person must be one who comes within the ambit of that definition which excludes a relative like the respondent in this case. 8 ..... the person aggrieved, covered by the proviso under section 2(q) falls within the ambit of the definition of domestic relationship being a relative of the respondent by marriage ..... what is envisaged under the proviso in section 2(q), which section defines what is meant by respondent that an aggrieved wife or female living in a relationship in the nature of a marriage may file a complaint against a relative of the husband or male person is well within the ambit of the definition of domestic relationship only. ..... section 3 of the act contemplates definition of domestic violence. ..... importantly in the definition of shared house also it is emphasized that the person aggrieved must have lived in a shared house having got domestic relationship which in fact does not include a person like the respondent herein subject to the formalities mentioned .....

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and anr

Court : Andhra Pradesh

..... in the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs under the protection of women from domestic violence act, 2005 (for short "the act") against the petitioners in criminal petition no.2539 of ..... the learned judge incidentally also held that section 2(q) does not say that the aggrieved person and the respondent should have lived together for a particular period and referred to the definition of 'domestic relationship' between two persons as one who live or have at any point of time ..... holding that the definition clause must be read in the context of the subject matter and the scene of the act and consistent with the objects and other provisions of the act, it was noted that section 26 of the act refers to legal proceedings before other courts before or after the commencement of the act, which will not be so, if the act is prospective in ..... court held that the proviso to section 2(q) widens the scope of the definition of a 'respondent' by including a relative of the husband or male partner and as no restrictive meaning has been given to the expression 'relative' nor has the said expression been specifically defined in the act, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the act. a.n. .....

Mohammad MaqeenuddIn Ahmed and ors. Vs. State of Andhra Pradesh and an ...

Court : Andhra Pradesh

Reported in : 2007CriLJ3361

..... he filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') read with rule 6(1) of the protection of women from domestic violence rules, 2006. ..... ; and(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code of criminal procedure, 1973 (2 of 1974 ..... disposing of an application under sub-section (1) of section 12, the magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may 'include, but not limited to,-(a) the loss of earnings;(b) the medical expenses;(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person ..... in the result, the criminal petition in respect of the first petitioner is dismissed and the criminal petition in respect of petitioners 2 to 11 is allowed by quashing the proceedings against them in domestic violence case (dvc) no. ..... by the respondents in domestic violence case (dvc) no. .....

M. Nirmala Vs. Dr. Gandla Balakotaiah

Court : Andhra Pradesh

Reported in : 2008(3)ALD486; 2008(2)ALT241

..... on section 19 of the protection of women from domestic violence act, 2005 (for short, 'the act'). ..... for an order under section 19 is an application under section 12 before the magistrate and the magistrate has to satisfy himself before passing an order under section 19 that domestic violence has taken place. ..... of section 19 of the act, it has to be read along with section 12 because, it comes into play when an application has been made under section 12 and an aggrieved person or a protection officer or any person on behalf of the aggrieved person can make an application to the magistrate seeking an order or relief under the act. ..... are altogether different than the requirements under section 19 of the act and the law has provided different for ..... she submitted that the respondent had been resorting to several tactics in order to dispossess her from the petition schedule property and he was sending strangers to the house, who, in turn, were claiming that they ..... in the counter-affidavit filed by respondent, he stated that he had purchased the property from out of his own funds and neither the petitioner nor her family members contributed any amount in purchasing the same and agreed that since february, 1997, the petitioner ..... without going to section 19 of the act, neither the petitioner has been able ^ to show, prima facie, a case that the house does not exclusively ..... by the wife on the ground that she was entitled to the possession of the matrimonial house in terms of section 19 of the act.4. .....

T. Venkata Sateesh Vs. Dasari Suhasini and Another

Court : Andhra Pradesh

..... the petitioners counsel placed reliance on section 26 of the protection of women from domestic violence act, 2005 (in short the act) as enabling provision for the relief claimed herein. ..... the question of getting conflicting decisions may not arise between the two courts in the two pending proceedings as scope of decision in a divorce petition is entirely different from the scope of a domestic violence case under the act before the magistrate. ..... there are no grounds for transfer of domestic violence case from criminal court, hyderabad to family court, secunderabad. ..... in that view of the matter, section 26 of the act does not come to the rescue of the petitioner in this transfer petition. ..... o.p.no.611 of 2012 was filed by the husband against the wife for divorce under section 13 of the hindu marriage act whereas d.v.c.no.86 of 2011 was filed by the wife, as aggrieved person, against the husband and other family members of the husband for the reliefs under section 18, 19, 20, 21 and 22 of the act. ..... thirdly, section 26 enables an aggrieved person/wife or children to claim reliefs under sections 18, 19, 20, 21 and 22 of the act as additional relief and not as independent relief in any proceeding in civil court or family court or criminal court in case those proceedings are affecting the aggrieved person. .....

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and Another

Court : Andhra Pradesh

..... in the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs under the protection of women from domestic violence act, 2005 (for short "the act") against the petitioners in criminal petition no.2539 of ..... the learned judge incidentally also held that section 2(q) does not say that the aggrieved person and the respondent should have lived together for a particular period and referred to the definition of 'domestic relationship' between two persons as one who live or have at any point of time ..... holding that the definition clause must be read in the context of the subject matter and the scene of the act and consistent with the objects and other provisions of the act, it was noted that section 26 of the act refers to legal proceedings before other courts before or after the commencement of the act, which will not be so, if the act is prospective in ..... court held that the proviso to section 2(q) widens the scope of the definition of a 'respondent' by including a relative of the husband or male partner and as no restrictive meaning has been given to the expression 'relative' nor has the said expression been specifically defined in the act, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the act. a.n. .....