Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 2 definitions Court: chennai Page 1 of about 23 results (0.169 seconds)

Saraswathy Vs. Babu

Court : Chennai

..... the primary question that arises for consideration is whether acts committed prior to the coming into force of the protection of women from domestic violence act,2005 and which fall within the definition of the term 'domestic violence' as informed in the act could form the basis of an action. ..... the appellate court found erroneous the orders passed under section 18 and 19 of the protection of women from domestic violence act as it had been held by more than one court that the acts of cruelty/violence had not been proved. ..... 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 ..... he also held the petitioner entitled to get protection under section 18 and prohibited the respondent from committing acts of domestic violence by not allowing the petitioner to share household with him. ..... the revision petitioner moved a petition in crl.m.p.no.2421/2008 before the xiii metropolitan magistrate seeking reliefs under section 19,20 and 22 of the protection of women from domestic violence act, 2005 (herein after referred to as the act). .....

P.Visalakshiamma Vs. 1.The Director of Schools Higher Education,

Court : Chennai

..... protect the interest of women, who end up as a second wife or a concubine as a result of long living with a male companion, has enacted the protection of women from domestic violence act, 2005 ..... living at the time of the marriage; (ii).at the time of the marriage, neither party- (a)is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c)has been subject to recurrent attacks of insanity (iii) the briedgroom has completed the age of [twenty-one years ..... n.stanunthan thambi for the past 47 years, and except for the maintenance case, the petitioner was never interested in living with the deceased n.stanunthan thambi, which is evident from the fact that she never took any steps for restitution and all along it is only the fifth respondent, who had taken good care of n.stanunthan thambi until his death. ..... the relationship between the fifth respondent would certainly fall under the definition as the deceased n.stanunthan thambi and the 5th respondent have lived together as husband ..... we approve the views expressed by the other high courts on the meaning of section 39 of the act and hold that a mere nomination made under section 39 of the act does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the life insurance policy on .....

1.K.Rajendran Vs. 1.Ambikavathy

Court : Chennai

..... 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 court. ..... 8.the specific argument advanced 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. ..... m.megala, wherein, in para 25, it is held as under: "a combined reading of sections 17 and 19 would show that it is only when a protection order under section 17 read with clauses (a), (b), c, (d) and (e) of sub section (1) of section 19 is claimed, that the property in respect of which it is claimed, should fall within the definition of the expression "shared household" under section 2(s). .....

Selvarajan Vs. Rengasubathra

Court : Chennai Madurai

..... section 2(g) r/w section 3 of the protection of women from domestic violence act, 2005 ..... for the records relating to the order of the ii additional sessions judge, thoothukudi dated 11.02.2016 in c.a.no.38 of 2015, modifying the order passed by the learned judicial magistrate no.1, kovilpatti in m.c.no.2 of 2013 by order dated 01.07.2015 under protection of women from domestic violence act and set aside the same.) 1. ..... claiming shared residence, compensation, maintenance, return of her srithana articles and also protection from domestic violence, the wife has filed m.c.no.2 of 2013 before the learned judicial magistrate no.i, kovilpatti as against her husband and ..... act) explains what is 'domestic violence ..... in short, in domestic relationship, domestic violence is analogous to ..... evidence she has admitted that there is no domestic problem between them and because he has filed a divorce case, she considered it a domestic violence. ..... facts and circumstances of this case, what is complained of is nothing less of domestic violence. ..... domestic violence comprises physical as well as ..... the husband has no property or he is having a property which is an hell for his wife, section 12 of the act speaks about his duty to provide accommodation to his wife even in a rented premises. ..... even then, if we accept such a contention then every husband will try to escape from his moral and legal obligation to maintain his wife and children simply by saying that he ..... case will fall within the definition of section 3 of d.v. .....

Yusuf Allabuksh. Vs. Julakia Bee

Court : Chennai

..... the learned counsel would further contend that as per section 27 of the protection of women from domestic violence act, 2005 the learned judicial magistrate, kallakurichi has got territorial ..... said petition under the provisions of the protection of women from domestic violence act, 2005, seeking maintenance, share in the household and other reliefs as provided in section 18 of the said act. ..... the main purpose for which the act has been brought into force is only to protect the rights of women and to protect the victims of domestic violence. ..... it is evident that the purpose of the act is to provide for more effective protection of the rights of the women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for ..... in the said judgment, the hon'ble supreme court had to consider sub-section 2 to section 11 of the consumer protection act which reads as follows:"11(2) a complaint shall be instituted in a district forum, within the local limits of whose jurisdiction,-(a) the opposite party or each of the opposite parties, where there are more than one ..... therefore, in my considered opinion, if purposive interpretation is made to section 27 of the act, then it would emerge that the victim can approach the magistrate within whose local jurisdiction, she either permanently or temporarily, resides at the time she seeks protection order, notwithstanding the fact that either whole or part of the cause of action has not arisen within the local .....

.Nagasundaram Vs. Anitha

Court : Chennai

..... conducted by the second respondent is warranted in terms of section 9 of the protection of women from domestic violence act, 2005. ..... also pending in m.c.no.10 of 2011.5.the first respondent also gave a complaint on 6.7.2011 under the protection of women from domestic violence act, 2005 for restoring her to her marital home. ..... of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;(c)to make an application in such form and in such manner as may be prescribed to the magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;8.the second respondent is the notified protection officer in terms of section 2(n) read with section 8(1) of the act. ..... petitioner cannot forestall the first respondent approaching the statutory forum to ventilate her grievance and in the forum provided under the domestic violence act in addition to the other reliefs that are available to the party either before a civil court or family court or ..... section 9(2) prescribed as follows:(2)the protection officer shall be under the control and supervision of the magistrate, and shall perform the duties imposed on him by the magistrate and the government by, or under, this act.9.after making domestic incident report (dir), the said officer can also present an application seeking .....

K.Niranjani Vs. R.T.Dinesh, and ors.

Court : Chennai

..... 18, 19, 20(1) & 22 of the protection of women from domestic violence act, 2005, which was taken on file in d.v.a.c.no.1 of 2010 and interim order of rs.25,000/- per month has been awarded to the wife as maintenance and the right of residence was ordered. ..... sub-court tambaram in respect of divorce petition filed by the husband under section 13(1)(i)(a) of the hindu marriage act. ..... (2) the provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death. ..... "considering the above decision along with section 256 cr.p.c. ..... it is appropriate to incorporate section 256 cr.p.c. ..... 856 has held as follows:"two constraints are imposed on the court for exercising the power under section 256. ..... but the order in the appeals have been pronounced only on 24.09.2010, within 30 days, the learned xv metropolitan magistrate dismissed the complaint for non prosecution by invoking section 256 cr.p.c.8. ..... but on 19.10.2010, since the appellant/complainant was called absent, the learned xv metropolitan magistrate, by invoking section 256 cr.p.c. ..... :criminal appeal filed under section 378 of cr.p.c. ..... but if the presence of the complainant on that date was quite unnecessary, then resorting to the step of axing down the complaint may not be proper exercise of power envisaged in the section. ..... the appellant/wife had filed an application against the respondents herein, who is her husband, father-in-law and mother-in-law respectively, under sections 12 r.w.s. .....

Dennision Paulraj and ors. Vs. the Union of India (Uoi), Rep. by Secre ...

Court : Chennai

Reported in : (2009)6MLJ283

..... for all the reasons stated above, i am not inclined to hold that sections 12, 18, 19 and 23 of the protection of women from domestic violence act, 2005 (central act 43 of 2005) are unconstitutional, ultra vires and void and the writ petition is liable to be dismissed and accordingly, dismissed ..... the petitioners have come forward with the present writ petition for a declaration declaring sections 12, 18, 19 and 23 of the protection of women from domestic violence act, 2005 (central act 43 of 2005) as unconstitutional, ultra vires and void.3. ..... sixth respondent having failed in her malicious attempt, with an ulterior motive to harass the petitioners, filed an application under sections 18, 19 and 23(2) of the protection of women from domestic violence act, 2005 (herein after referred to as the act) setting out false and frivolous particulars. ..... the main ground of attack on certain provisions of the protection of women from domestic violence act, 2005 are that under the said act, the husband cannot file any application, but only the wife can file ..... tune with article 15(3) of the constitution of india, the state has thought it fit to frame a special legislation for women and thus, the protection of women from domestic violence act, 2005 came into force.9. ..... united nations committee convention on elimination of all forms of discrimination against women (cedaw) has recommended that states should act to protect women against violence of any kind, especially that occurring within the family. .....

K. Sugi Vs. R. Rajarathinam

Court : Chennai

..... the short facts of the case are as follows:- the petitioner / wife has filed a petition under section 12 r/w section 18(a), (b), (d), section (19)(1)(f), 19(8), section 20(1), section 22 of the protection of women from domestic violence act, 2005, along with an affidavit praying for (a) protection order: preventing the respondent from (a) committing any act of domestic violence, (b) aiding or abetting in the commission of acts of domestic violence, (c) attempting to communicate with the petitioner; in any form whatsoever, (b) residence order: (a) direct the respondent to secure same level of alternate accommodation as enjoyed by the petitioner in the shared household or to pay rent of rs.7,500/- per month for a ..... it was also contended that the appellate court has failed to consider that according to section 23(2) of the protection of women from domestic violence act, 2005, the learned magistrate is allowed to pass even an ex-parte interim order if he is satisfied that a prima facie case of domestic violence exists, based on the affidavits submitted before him. ..... the respondent has submitted that he had not committed any domestic violence against the petitioner and that the complaint had been filed against him only for the purpose of extracting lumpsum payment from him and his family members. ..... (d) pay rs.20,00,000/- (rupees twenty lakhs only)towards damages for injuries, mental torture and emotional distress caused by the acts of domestic violence. 3. .....

Jeyanthi Vs. Jeyapaul

Court : Chennai Madurai

..... alleging violence in domestic relationship, the aggrieved party, namely, the wife filed a complaint against the husband under section 12 of protection of women from domestic violence act (hereinafter referred to as the p.w.d.v.act ? ..... the provisions of domestic violence act can be used as a shield / sword to get protection from the domestic violence and it cannot be used as a sword for the purpose of causing violence to the other partner in the life. 22. ..... any continuous deprivation of economic resources and prohibition as defined under section 3 (iv) of the domestic violence act comes within the purview of domestic violence (k.ramaraju vs. ..... it would be appropriate to extract section 20 of the domestic violence act as under: 20. ..... the word domestic violence has been defined in the p.w.d.v.act, 2005. ..... the definition of domestic violence itself clearly spells out that it is not necessary that the aggrieved person has to be ill-treated and assaulted by the respondent to constitute domestic violence. ..... the wife filed a petition under section 12 of the p.w.d.v.act, 2005, seeking the following reliefs: i) to pass protection order prohibiting the respondent from committing any act of domestic violence either physically or mentally against her and daughter; ii) to pass a residence order, making provision for residence at the house, where the petitioner was residing. .....