Court : Jharkhand
..... protection of women from domestic violence act, 2005, came into force with effect from 26.10.2006, and this clearly shows that the said monetary reliefs have been granted to the complainant with retrospective effect from prior to the coming into force of the act ..... fact that it was found by the trial court that the complainant was residing outside her matrimonial house / shared household and as there was no evidence against which the respondents be restrained from committing domestic violence, she was not found entitled to any relief under section 18 of the act.4. ..... submitted that domestic violence has been defined in section 3 of the act, which includes the verbal, emotional and economic abuses, as well as mental injury, and accordingly, it cannot be said that the complainant was not subjected to domestic violence by the ..... the definition of domestic violence as given in section 3 of the act clearly embraces the verbal, emotional and economic abuses, as also the mental injury to the victim, and accordingly, no fault can be found in the judgements passed by the courts below finding that the complainant was subjected to domestic violence ..... into consideration the objection taken by the petitioners that no report had been received from the protection officer as required under section 12 of the act, and relying upon a decision of the allahabad high court, found that section 12 of the act did not mandate for calling a report from the protection officer, and held the complaint maintainable. .....
Tag this Judgment!Court : Jharkhand Ranchi
..... the parties i find that preliminary objection which was raised on behalf of the petitioner-husband on the point of maintainability of the complaint petition filed by the complainant-opposite party no.2 under section 12 of the protection of women from domestic violence act, 2005 was turned down by the sdjm ranchi on the ground that the marriage between the parties was not disputed though same has been challenged under ..... existence of the marriage certificate which did not draw inference to presume that in the given allegation, an offence could be made out under the protection of women from domestic violence act,2005.as a matter of fact, the complainant could not be stated to be an aggrieved person as defined under section 2(a) of the d act as she never lived with the petitioner-husband in domestic relationship as defined in section 2(f) or in a shared household as defined in section 2(s) of the act , as such, complaint of the complainant was liable to be rejected on the point of maintainability . mr. ..... the complaint petition filed by the complainant-opposite party no.2 on 6.5.2010 in the court of cjm ranchi under section 12 of the protection of women from domestic violence act, 2005 was that she was a muslim woman by faith whereas the petitioner ayushman pandey was a brahmin(hindu) and both solemnized love marriage on 8.12.2008 itself before the marriage officer under the act xliii of 1954 at neturis block, purulia(west bengal), to which a certificate of marriage was granted to both .....
Tag this Judgment!Court : Jharkhand
..... learned counsel submits that section 2 (q) of protection of women from domestic violence act 2005 defines shared household and since it is the joint family property the petitioner no. ..... 2 has supported the impugned order and has referred to various provisions of the protection of women from domestic violence act 2005 and has stated that if family members stay together jointly, liability can also be fixed apart from husband upon any of the relatives of the husband and therefore both the courts below have correctly interpreted the provisions of law and that directed both the petitioners to deposit one time payment by rs. ..... live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family; section 2 (q) of the protection of women from domestic violence act defines respondents which reads as under :- respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this ..... it would therefore appear that section 2 (q) and 2(f) if read together would reveal that an aggrieved wife can prefer an application under section 12 of the protection of women from domestic violence act against her husband, as well as relatives of the husband who are living together as a joint family. .....
Tag this Judgment!Court : Jharkhand
..... 1533 of 2012 praying for monetary relief under section 20 of the protection of women from domestic violence act, 2005 and the learned chief judicial magisrate, dhanbad vide order dated 5.1.2013 directed that the opposite party (petitioner) shall bear the amount of rs.1.5 lacs per annum for the educational and other ..... learned counsel for the petitioner has submitted that the proceeding initiated under the provisions of the protection of women from domestic violence act, 2005 is for protecting the right of women, who are victims of domestic violence within the family but as it appears that monetary relief had been sought for and was granted -3- for the son and daughter and in such circumstances, the initiation of the case itself was ..... 2 had prayed for monetary relief under section 20 of the domestic violence act, in which an order was passed on 5.1.2013 directing the petitioner herein to bear the amount of rs.1.5 lacs per annum for the education and other expenses incurred for their children namely kumar aanjaneya ..... it has further been submitted that section 20 of the act empowers the magistrate to 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 since a child has been defined in section 2(b) of the act to be a person below the age of 18 years and admittedly since the son had already attained majority in the year 2010, no order could .....
Tag this Judgment!Court : Jharkhand
..... 42 of 2011, whereby on the complaint filed under the protection of women from domestic violence act, 2005, (hereinafter referred to as act ), by the respondent no. ..... . similarly, section 20 of the protection of women from domestic violence act reads as follows:- 6"20 ..... finding that the complainant wife was subjected to domestic violence, the protection was granted to the complainant under section 18 of the act, prohibiting the petitioner from committing any act of domestic violence. ..... 2, who is the wife of the petitioner, in exercise of the power under section 18 of the act, the petitioner has been prohibited from committing any act of domestic violence upon his wife. ..... -(1) while disposing of an application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order- (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) ....................... (c) ....................... (d) ....................... (e) ....................... ..... the relevant portion of section 19 of the protection of women from domestic violence act reads as follows:-"9. .....
Tag this Judgment!Court : Jharkhand
..... case no.1059 of 2011 refusing to dismiss the complaint case filed by the present opposite party no.2 under section 12 of the protection of women from domestic violence act, 2005, (in short the d.v. ..... parties, jointly by the aggrieved person and the respondent or singly by the respondent including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate; (f) causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection order.10. ..... the magistrate may, after giving the aggrieved person and the respondent an 'opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from- (a) committing any act of domestic violence; (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved .....
Tag this Judgment!Court : Jharkhand
..... /2015 under section 12 of the protection of women from domestic violence act, 2005 on 24.08.2016 ..... sita ram, premchand sao, upendra paswan, arbind paswan and bishwanath paswan are directed to surrender in the court below within four weeks from the date of this order and in the event of their arrest or surrender, the court below shall enlarge the petitioner no. ..... 05/2017 the appellant has preferred this appeal under section 14a of the scheduled caste and scheduled tribe (prevention of atrocities) act being aggrieved and dissatisfied by the order dated ..... 05/2017 the appellant has preferred this appeal under section 14a of the scheduled caste and scheduled tribe (prevention of atrocities) act being aggrieved and dissatisfied by the order dated 29.08. ..... 05/2017 the appellant has preferred this appeal under section 14a of the scheduled caste and scheduled tribe (prevention of atrocities) act being aggrieved and dissatisfied by the order dated ..... 05/2017 the appellant has preferred this appeal under section 14a of the scheduled caste and scheduled tribe (prevention of atrocities) act being aggrieved and dissatisfied by the order dated 07.09. ..... has submitted that the charge has been framed against the appellant on 03.04.2017 under sections 498a ipc and section 3(xi) of the sc & st (prevention of atrocities) act. ..... registered under sections 498a, 323, 307, 354b/34 of the indian penal code and section 3/ 4 of dp act. ..... registered under sections 498a, 494 of the indian penal code and section 3/ 4 of dp act. .....
Tag this Judgment!Court : Jharkhand
..... dubey appearing for the petitioner in both the revisions assailing the order impugned as perverse and bad in law seriously contended that the proceeding under domestic violence act, 2005 for grant of protection and maintenance and a criminal proceeding under section 125 of the code for grant of maintenance being similar in nature cannot proceed simultaneously and no maintenance can be granted under the d.v.act, 2005 in addition to the grant of maintenance under section 125 of the code. ..... pronounced on-04/09/2015 the solitary question, which has come up for consideration by this court is whether a relief claimed under protection of woman from the domestic violence act, 2005 (hereinafter referred to as the d.v. ..... further held that the grant of maintenance under section 125 of the code is different from the protection and maintenance granted under different provisions of the domestic violence act, which would be clear from section 26 of the said act. ..... in the said definition, two words domestic relationship as defined in section 2(f) and domestic violence as defined in section 3 have been shown to be the ..... it appears from the record that the court of learned chief judicial magistrate after framing issues for the determination of the dispute between the parties and examining the witnesses adduced by the present opposite party no.2 held that the relationship between the husband and wife are not cordial and comes within the four corners of the definition of domestic violence as defined .....
Tag this Judgment!Court : Jharkhand
..... dubey appearing for the petitioner in both the revisions assailing the order impugned as perverse and bad in law seriously contended that the proceeding under domestic violence act, 2005 for grant of protection and maintenance and a criminal proceeding under section 125 of the code for grant of maintenance being similar in nature cannot proceed simultaneously and no maintenance can be granted under the d.v.act, 2005 in addition to the grant of maintenance under section 125 of the code. ..... pronounced on-04/09/2015 the solitary question, which has come up for consideration by this court is whether a relief claimed under protection of woman from the domestic violence act, 2005 (hereinafter referred to as the d.v. ..... further held that the grant of maintenance under section 125 of the code is different from the protection and maintenance granted under different provisions of the domestic violence act, which would be clear from section 26 of the said act. ..... in the said definition, two words domestic relationship as defined in section 2(f) and domestic violence as defined in section 3 have been shown to be the ..... it appears from the record that the court of learned chief judicial magistrate after framing issues for the determination of the dispute between the parties and examining the witnesses adduced by the present opposite party no.2 held that the relationship between the husband and wife are not cordial and comes within the four corners of the definition of domestic violence as defined .....
Tag this Judgment!Court : Jharkhand
..... for the offence punishable under section 304(b) of the indian penal code, under section 3/4 of the dowry prohibition act and under section 3 of the protection of woman from domestic violence act. ..... submitted that on own showing of the complainant the petitioner no.1 himself had taken the deceased to imphal and when she was suffering from vomiting the petitioner no.1 had got her immediately treated in regional institute of medical sciences, hospital at imphal on 20.07.2014. ..... 2 to 9, above named, are directed to surrender in the court below within a period of three weeks from today and on their so surrendering they shall be -3- released on bail on furnishing bail bonds of rs.10000/- (rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned ..... moreover the death certificate also reveals that the deceased was suffering from vomiting and death was on account of cardio-respiratory arrest, multiple ..... substantiated by the prescription issued by the doctor treating the deceased in regional institute of medical sciences, hospital at imphal on 20.07.2014, which clearly depicts that the daughter of the complainant was suffering from vomiting and blood was also found present in the same. ..... the allegations made in the first information report, in which it has been opined that she died on account of cardio-respiratory arrest, multiple organ failure and she was also suffering from dengu positive while she was carrying pregnancy of 3 months. mr. .....
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