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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Chennai Madurai
..... , praying to call for the records relating to m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005 and quash the same insofar as the petitioners alone.) 1. ..... 29/2015 on the file of the judicial magistrate, no.i, thanjavur, which has been filed for the offences under sections 12, 17, 18, 19, 20, 22, 23, 24 and 25 of the protection of women from domestic violence act, 2005 is pending. ..... the petitioners have come forward with this petition seeking to quash the proceedings in m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005. 2. ..... admittedly, the domestic violence case in m.c.no. ..... (prayer: criminal original petition is filed under section 482 of cr.p.c. .....
Tag this Judgment!Court : Chennai Madurai
..... , by way of compromise, thenmozhi has agreed to withdraw all the proceedings initiated under the domestic violence act. 9. ..... in the mean while, thenmozhi filed a petition under domestic violence act as against her husband and in-laws before the learned judicial magistrate, melur ..... 23(1) of the protection women act, 2005. ..... withdraw the criminal cases filed as against each on condition of thenmozhi having to be paid rs.10 lakhs, who has also agreed to withdraw the proceedings pending before the learned i additional sessions judge which arose out of the dv act case and the said thenmozhi today present had stated that today her husband side has paid rs.8 lakhs cash. ..... the complaint of thenmozhi, the all women police station, manamadurai, sivagangai district registered a case in crime no.24 of 2015 for offence under section 498(a) i.p.c. ..... very same othakadai police registered a case in crime no.346 of 2016 for offence under sections 294(b), 323, 342 and 506(ii) i.p.c. ..... police registered a case in crime no.748 of 2015 for offence under sections 341, 294(b), 323 and 506(i) i.p.c. ..... now, instead of waiting for the solution from the court, they themselves find out some ..... section 4 of tnphw act. ..... , on his part, he will also pray in tune with the legal submission of the learned counsel for the petitioner with reference to section 107 and 188 cr.p.c. 10. ..... , based on the complaint of thenmozhi's father veeapathiran, the very same police registered a case in crime no.154 of 2015 under section 188 cr.p.c. .....
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