Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 2 definitions Court: rajasthan Page 1 of about 7 results (0.125 seconds)

Nishi Gupta (Dr.) Vs. Dr. Rahul Gupta

Court : Rajasthan

Reported in : RLW2009(2)Raj1091

..... rahul gupta filed an application before trial court under the provisions of protection of women from domestic violence act, 2005 (for short 'the act of 2005') for handing over custody of his son anmol gupta on each and every sunday from 8:00 am to 8:00 pm so that he along-with his parents can give love and affection to anmol gupta ..... appellate court has not even cared to see the provisions of law in respect of the maintainability of the application moved by the respondent in view of definition arrived at by the act of 2005 itself. ..... the act of 2005 also provides the definition of 'respondent' which is reproduced as under:2(q) '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 act;provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partners.7 ..... the words 'aggrieved person' are defined in section 2(ka) of the act of 2005, which run as under:2 (ka) 'aggrieved person' means any 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 by the respondent.6. ..... the complainant petitioner has filed instant revision petition under section 397 read with 401 cr.p.c. ..... further submits that appellate court has not complied with the provisions of section 385(2) cr.p.c. .....

Vijay Singh and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2009(2)WLN160

..... it is contended by learned counsel for the petitioners that firstly as per section 2 (q) of the protection of women from domestic violence act, 2005 (for short 'the act of 2005 hereinafter), the female petitioners cannot be made respondent in a proceeding initiated by respondent no ..... the expression 'respondent' has been defined in section 2 (q) of the act of 2005 which provides that the 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 act: provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.5 ..... 5 ratan kanwar are concerned, they being female members, therefore, keeping in view the definition of respondent in section 2 (q) of the act of 2005, the proceeding against them may be quashed, but so far as the petitioners no. ..... 2 under the act of 2005 at bheem is not maintainable.4 ..... priyanka kanwar under the provisions of the act of 2005 is quashed. ..... be, within the local limits of which-(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or(b) the respondent resides or carries on business or is employed; or(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. ..... kanwar under the act of 2005. .....

Smt.Sabana @ Chand Bai and anr Vs. Mohd.Talib Ali and anr

Court : Rajasthan Jodhpur

..... takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman ..... a woman entitled to invoke the jurisdiction of the court under section 12 of the act for the reliefs specified under section 18 to 23 she must fall within the definition of 'aggrieved person' in terms of provisions of section 2(a) of the act but then, the particular act of domestic violence pleaded may not have any direct bearing on or nexus with the reliefs which could be granted by the court under the provisions of the act. ..... , in our considered opinion, a combined reading of sections 2 (a), 2 (f), 2(q), 2 (s) 3, 12 & 18 to 23 of the act leads to an irresistible and definite conclusion that the remedy as provided for under section 12 covers the act of violence committed even prior to coming into force of the act smt. ..... learned counsel submitted that the definition of 'domestic relationship' as set out under section 2(f) of the act, includes 'a relationship in the nature of marriage' which is held to be relationship akin to common law marriage by the hon'ble supreme court in .....

Gordhan Khinchi. Vs. State of Rajasthan.

Court : Rajasthan Jaipur

..... contention of learned counsel for petitioner is that there was a matrimonial dispute between petitioner and deceased for offence under section 12 of the protection of women from domestic violence act, 2005, which was filed at the instance of deceased. 2. ..... , in fir no.45/2011, police station galta gate, jaipur, under section 306 ipc, provided he furnishes a personal bond in the sum of rs.50,000/- with two sureties of rs.25000/- each to the satisfaction of the trial court for his appearance on all subsequent dates of hearing and as and when called ..... that accused-petitioner, namely, gordhan khinchi son of shanti lal, resident of house no.a-214, mandi khatikan, near delhi bypass, ramganj, police station ramganj, jaipur (presently confined in central jail, jaipur) be released on bail under section 439 cr.p.c. ..... it was clearly stated by her brother ashok, father hajari lal and mother kamla devi in their statements recorded under section 174 cr.p.c. .....

Ramniwas Vs. Smt. Seema

Court : Rajasthan

..... seema filed an application in the trial court under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') along with an application for interim maintenance under section 23(2) of the act. ..... assigned by the courts below for awarding interim maintenance in favour of respondent and after considering the same, i find that both the courts below have assigned cogent reasons for allowing the application under section 23(2) of the act. .....

Dhanraj Vs. Smt.Kavita

Court : Rajasthan

..... submission of learned counsel for petitioner is that respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (for short act of 2005), which was dismissed by judicial magistrate, ramgunjmandi, kota vide its order dated 15th december, 2007, therefore, respondent was not entitled for any maintenance ..... it is submitted that maintenance could have been granted under section 12 of the act of 2005 also, but since her application was dismissed, therefore, court below committed an illegality in allowing the application under section 125 crpc. 4. ..... the course of arguments, learned counsel for petitioner admits that both the proceedings are separate proceedings, separate evidence was recorded in both the cases, no amount of maintenance was awarded under section 12 of the act of 2005. 5. ..... case no.650/2005, whereby an application filed by respondent/ wife under section 125 crpc for grant of maintenance was allowed and non-applicant/petitioner/husband was directed to pay a sum of rs.1500/- per month towards maintenance to wife with effect from 1st march, 2008. ..... both the proceedings are separate and separate evidence was recorded in both the cases, therefore, even if, application under section 12 of the act was dismissed, the same cannot be a ground to reject the application under section 125 crpc. 6. ..... from the order dated 15th december, 2007, it is clear that a reference was given of present application under section 125 crpc for grant of .....

Sarita (Smt.) Vs. Smt. Umrao

Court : Rajasthan

Reported in : 2008(1)WLN359

..... magistrate as well as the appellate court held that as per provisions of section 2(q) of the protection of women from domestic violence act, 2005, only a male person could be treated as respondent, thus smt. ..... proceedings against the respondents under the protection of women from domestic violence act, 2005 by not treating them as 'respondents' being women. ..... the contention of counsel for the petitioner, while giving challenge to the orders impugned, is that the courts below while withdrawing proceedings against the respondents failed to appreciate that proviso to section 2(q) of the act of 2005 in most unambiguous term prescribes that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner and in the instant ..... ' as defined under section 2(q) of the act of 2005 reads as follows:'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 act. ..... from a plain reading of the proviso to section 2(q) of the act of 2005, it is apparent that a complaint by a wife or a female living in relationship in the nature of marriage may also file a complaint against a relative of ..... quashed to the extent they relate to withdraw proceedings under the act of 2005 against smt. ..... kumari gayatri being female cannot be a party to the proceedings as 'respondents' under the act of 2005.3. .....

Payal Sancheti (Smt.) and anr. Vs. Harshvardhan Sancheti

Court : Rajasthan

Reported in : RLW2009(1)Raj431

..... then, reliance was placed on the protection of women from domestic violence act, 2005, which was also considered, and it was held, that the house in question cannot be said to be a 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005. ..... then, it has also been observed, that from the averments it transpires, that the claim is based on the protection of women from domestic violence act, apart from the fact, that she could take proceedings under section 18 of the hindu adoptions and maintenance act. ..... so far rights of the plaintiff under the protection of women from domestic violence act is concerned, we are not called upon to adjudicate here, and embark upon her right under that act, lest it may prejudice the proceedings, which are already pending before the competent court, having been initiated under that act.17. ..... then, provisions of section 17 and 19(1) of the act were considered, and the contentions pressed into service were turned down, and regarding her right tor protection under section 19(1)(f) and 17(1), it was held in paras25 and as under-25. ..... we need not detain ourself on that judgment, because from a reading of that judgment it is clear, that there were factual controversies involved, which effected the applicability of section 17(1) and 18(1) of the limitation act, and was not a case, where the suit was ex-facie barred, so as to attract the provisions of section 3 of the limitation act.22. .....

Anwar Vs. Mrs. Shamim Bano and Another

Court : Rajasthan

Reported in : 2012CrLJ2552

..... thereafter the respondents filed application for interim maintenance under section 12 of the protection of women from domestic violence act, 2005 before the court of judicial magistrate no.4 kota. ..... 04/08 wherein the same relief has been sought by the non-petitioners by way of application under sections 12, 22, 23, 23(2) of the protection of women from domestic violence act, 2005 whereas the application for interim maintenance under section 125 cr.p.c. ..... despite passing of the order by the family court granting maintenance to the child, the respondent no.1 also avail the remedy of filing application under section 12 of the protection of women from domestic violence act, 2005. ..... this talaqnama is still to be proved by the petitioner in the appropriate court of law as per muslim law and if interim maintenance is granted to the respondent under the protection of women from domestic violence act, the same cannot be said to be illegal or perverse as the respondent no.1 is entitled to receive interim maintenance in view of the judgments of the apex court. 10. ..... if the divorced muslim lady unable to maintain herself, she can claim under section 3 of the muslim women (protection of rights on divorce) act, 1986 during iddat period and under section 4 of the act a divorce muslim lady is entitled for maintenance after iddat period. .....

Vidhya Soni Vs. Sanjay Kumar Soni

Court : Rajasthan Jodhpur

..... it is, inter alia, submitted in the petition that the petitioner has filed two criminal cases against the respondent under sections 498a and 406 ipc and a case under section 12 and 23 of the protection of women from domestic violence act, 2005 ('the domestic violence act') at jodhpur and, subsequent thereto, the present petition under section 13 of the hindu marriage act, 1955 ('the act') has been filed at family court, churu. ..... it is submitted by learned counsel for the respondent that the proceedings under the domestic violence act already stands 2 withdrawn. ..... however, as decree under section 9 of the act has already been passed in favour of the respondent, the respondent has no objection if the proceedings are transferred to family court, jodhpur, however, a direction to deal/decide the matter expeditiously may be made. ..... ---- by the court: this petition under section 24 cpc has been filed by the petitioner wife seeking transfer of matrimonial case no.330/2013 (dr. .....