Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 2 definitions Court: kerala Page 1 of about 22 results (0.085 seconds)

K.Mohanakumar Vs. SujA.S

Court : Kerala

..... all that the court below has now done is only to pass an interim order as envisaged under section 23(2) of the protection of women from domestic violence act, 2005, directing the petitioner to pay a sum of 7500/- per month as interim maintenance to the petitioner before the court below and her minor daughter. ..... it must be remembered that domestic violence act has been enacted in addition to the provisions contained in section 125 of cr.p.c. ..... the grievance of the petitioner is that as a retaliatory measure, his wife instituted a case under the domestic violence act and an interim order has been passed granting maintenance to his wife and the child.4. ..... according to the petitioner herein, he was always willing to maintain his wife and she used to go away from his house without informing him and she used to lead a questionable life. ..... with definite purpose and object. ..... further, it is not as if the petitioner is precluded from bringing the real facts before the court and establishing that crl.m.c. no ..... the petitioner before this court would say that he had occasion to complain about the acts and conduct of his wife as is evidenced by annexure a7. ..... of 7500/- per month as interim maintenance to the petitioner before the court below and her minor daughter, the respondent before the court below has come up invoking the inherent jurisdiction of this court under section 482 of cr.p.c. ..... even assuming that the wife has her own means of income, that does not absolve the husband from maintaining his wife. .....

Vijayalekshmi Amma Vs. Bindu

Court : Kerala

Reported in : 2010(1)KLT79

..... where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge.the question whether the extraordinary inherent powers under section 482 of code of criminal procedure is to be exercised by the court to quash a proceeding initiated under the protection of women from domestic violence act, 2005 is to be considered in the background of the settled legal position. ..... that proviso to clause (q) of section 2 enables an aggrieved wife or female living in a relationship in the nature of a marriage to file a complaint against a relative of the husband and as 'complaint' is not defined in the act and section 12 provides for filing only an application and not a complaint, the definition of 'complaint' in clause (d) of section 2 of the code of criminal procedure is to be followed and if so the complaint contemplated under the proviso to section 2(q) could only be in respect of offences provided under section 31(1) and 33 of the act. ..... the definition in clause (a) of section 2 shows that an 'aggrieved person' could only be a woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence ..... as is clear from the definition, an aggrieved person provided under the act can only ..... the legislatures in their wisdom used 'a male person' in the main definition of the respondent and purposely did not use 'a male relative' and instead .....

Priya Vs. Shibu and ors.

Court : Kerala

Reported in : 2008(3)KLJ304

..... is raised in this revision is as to whether a divorced wife is entitled to file a petition under section 12(1) of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') claiming return of dowry and ornaments and also for maintenance payable under section 125 of cr.p.c.2. ..... and physical loss sustained by the applicant on account of the domestic violence committed by the respondents.the revision petitioner also filed cmp 284/2007 under section 23 of the said act for interim maintenance at the rate of rs. ..... the judgment, the additional sessions judge took the view that going by the definition of aggrieved person contained in section 2(a) and the definition of 'domestic relationship' contained in section 2(f) of the act, unless the applicant has the present status as a 'wife' or is at least in a 'domestic relationship' with the respondent on the date of the application, she cannot maintain an application under section 12 of the act and if so, no interim order also could be granted to the applicant under section 23 of the act. ..... is as to whether the applicant should continue to be in a domestic relationship with the respondents on the date of preferring the claim and whether the persons who are related by consanguinity, marriage or any of the relationship referred to in section 2(f) of the act should continue to be in that relationship on the date of filing ..... definition of 'aggrieved person' is any woman who is, or has been, in a domestic .....

Dr. Preceline George Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT454

..... what is the procedure to be adopted by a magistrate while dealing with an application filed under section 12 of the protection of women from domestic violence act, 2005? ..... ext.p2 ex parte order was passed under section 23(2) of the protection of women from domestic violence act (hereinafter referred to as the act) without notice to the petitioner directing him not to enter into the compound of the house of the parents of the second respondent wife and also directing him to pay rs. ..... sub-section (2) reads:(2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.rule 12 of the protection of women from domestic violence rules, 2006 provides means of service of notices. ..... the magistrate can definitely pass an ad interim order under section 23(2) without notice to the respondents, if the facts and circumstances of the case warrants such an ex parte order.18. .....

K.E. Jose Vs. State of Kerala and anr.

Court : Kerala

Reported in : 2008(1)KLJ871

..... petitioner is the respondent in an application filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as domestic violence act). ..... learned counsel for the petitioner submits that in the light of the mandate under section 24 of the domestic violence act, there should not have been such delay in the furnishing of copies.6. ..... the light of section 24 of the domestic violence act which is already extracted above, the burden is certainly on the learned magistrate to ensure that the copy is furnished to the parties as well as others specified in section 24. ..... of conviction and sentence must be furnished to the accused can be complied by courts scrupulously, i can find no administrative bottleneck or difficulty which can stand in the way of the courts furnishing copies of orders passed under the domestic violence act as stipulated under section 24. ..... section 24 of the domestic violence act evidently of furnishing copies of the orders passed by ..... grievance of the petitioner is now redressed to the extent that he has got the copy of the order and has filed an appeal under section 29 of the domestic violence act. ..... section 24 of the domestic violence act reads as follows:court to give copies of order free ..... petitioner came rushing to this court on 15-03-2007 after the said order was passed on 14-3-2007 complaining that copy of the order has not been furnished to him by the learned magistrate as mandated under section 24 of the domestic violence act.3. .....

Chithrangathan Vs. Seema

Court : Kerala

Reported in : I(2008)DMC365

..... impugned order is appealable under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the pwdv act' for short).3. ..... iii of the protection of women from domestic violence rules, 2006 ('the rules' ..... magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under sections 18, 19, 20, 21 or, as the case may he, section 22 against the respondent.5. ..... sub-section (2) of section 23 clearly shows that in an appropriate case where the magistrate is satisfied that the application discloses that the respondent to the application is committing or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, the magistrate is empowered to grant an ex parte order (ad interim order) on the basis of an affidavit ..... the right of appeal is conferred only to 'the aggrieved person' or 'the respondent' and an aggrieved person as defined under section 2(a) of the act can only mean a woman, who is or has been in a 'domestic relationship' with the respondent, the act does not contemplate an appeal against an order passed by the magistrate on an application filed by a person other than an aggrieved .....

Sulochana and anr. Vs. Kuttappan and ors.

Court : Kerala

Reported in : 2007CriLJ2057

..... is an appeal maintainable under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') against an interim ex parte order passed under section 23 of the act? ..... if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or as the case may be, section 22 against the respondent. ..... household is defined in section 2(s) and domestic violence is defined in section 2(g) read with section 3 of the act. ..... chapter 2 has only one section and that (section 3) deals with the definition of the expression 'domestic violence'. ..... all orders referred to earlier in chapter 4 of the statute must be held to be fall within the sweep of expression 'the order' as there is no other or better method of understanding the definite article 'the' used immediately before the expression 'order' in section 29 of the act. ..... the definite article 'the' used in section 29 must certainly have reference to the orders referred earlier ..... chapter 1 containing sections 1 and 2 deals only with the short title, extent and commencement and the definitions. ..... otherwise, the employment of the definite article 'the' would lose its .....

Karthikeyan Vs. Sheeja

Court : Kerala

Reported in : II(2008)DMC92

..... respondent herein had approached the learned magistrate with an application under section 12 of the protection of women from domestic violence act, 2005. ..... passed against him in a properly instituted appeal under section 29 of the protection of women from domestic violence act, subject of course to the law of limitation. ..... writ petition cannot, hence, be entertained as the petitioner has an efficacious alternative remedy under section 29 of the protection of women from domestic violence act to challenge the said order. ..... learned counsel for the petitioner was requested to explain why he has come to this court with a writ petition and why the option to prefer an appeal under section 29 of the protection of women from domestic violence act has not been invoked. ..... learned counsel for the petitioner submits that the impugned order is only a procedural order and, therefore, under the impression that such an order is not appealable under section 29 of the act, no appeal was preferred and the petitioner has come to this court with this writ petition.3. ..... find no reason to entertain this writ petition at the instance of the petitioner who has a right of appeal under section 29 of the act. ..... petitioner must have challenged the order by a properly instituted appeal under section 29 of the act. ..... that application to set aside the ex parte order is dismissed on the ground that such a petition will not lie, the said finding/order is according to me certainly an appeal able order under section 29 of the act. .....

M.A. Mony Vs. M.P. Leelamma and anr.

Court : Kerala

Reported in : 2007CriLJ2604; 2007(2)KLJ209

..... the protection of women from domestic violence act, 2005 is a piece of legislation brought in by the parliament as the parliament felt that the civil law does not provide reliefs to a victim woman subjected to domestic violence. ..... deprive the aggrieved person of her right to approach the magistrate with a petition under section 12 of the protection of women from domestic violence act? ..... of civil procedure, 1908 (5 of 1908), or any other 'law for the time being in force, be executable for the balance amount, if any, left after such set off.even if the monetary/compository claim is allowed under section 12, such payment has to be set off against the amounts due under the identical heads as per the decree or order of any other court. ..... that claim before the family court relates to title over the property, whereas the claim here in this petition under section 12 read with section 19 is for a right of residence in the property which the petitioner claims to be his own. ..... the answer to that contention also is clearly available from the proviso to section 12(2), which i have extracted above, which shows that notwithstanding the option to claim identical relief elsewhere, the jurisdiction of the magistrate under the dva is not ousted. ..... in the absence of specific provisions to that effect, i am of the opinion that the superior courts do not have the power to transfer a petition under section 12 pending before the magistrate to any civil court or family court as the case may be. .....

Anilkumar and ors. Vs. Sindhu and ors.

Court : Kerala

Reported in : 2009CriLJ3530; 2009(2)KLJ152

..... the first respondent herein under section 12 of the protection of women from domestic violence act, 2005 (herein under referred to as 'the act') claiming relief's under sections 18, 19, 20, 22 and 23 of the act. ..... a judicial magistrate of the first class within the meaning of section 27 of the protection of women from domestic violence act, 2005?ii. ..... to grant protection orders and other orders under the act as also the forum to try the offences under the act, is, by virtue of section 27 of the act, the court of the judicial magistrate of the first class (jmfc) within whose territorial limits, any of the jurisdiction facts envisaged by section 27 of the act, are present ..... magistrate, exercising jurisdiction under the code of criminal procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place.the word 'magistrate' occurring in section 27 of the act will have to be thus read and understood in the light of the definition of the word 'magistrate' contained in clause (i) of section 2 of the act. ..... fall within the local limits of the area assigned by the chief judicial magistrate to some other judicial magistrate, subordinate to him, in accordance with the provisions of sections 14 and 15 cr.p.c.there cannot be any disagreement or quarrel with regard to the above proposition, in fact, after the verdict of the apex court in trusuns chemical industry v. ..... definition .....