Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 2 definitions Court: uttaranchal Page 1 of about 2 results (0.049 seconds)

Rafat Araa Vs. Kamar Mirja

Court : Uttaranchal

Reported in : 2012(4)LRC478

..... (5) the definition of "shared household" is mentioned in clause (s) of section 2 of protection of women from domestic violence act, 2005. ..... rafat araa, filed under section 29 of protection of women from domestic violence act, 2005. ..... she moved an application under protection of women from domestic violence act, 2005, against the respondent pleading that she was being subjected to physical cruelty by the respondent to oust her from the house, they are living together. ..... persons who 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; from the above definition of domestic relationship it appears that it is necessary that the aggrieved person should have related to the respondent by consanguinity, marriage or through the relationship in the nature of marriage, adoption or as a member of joint family. ..... the same reads as under:- " 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. ..... the definition of "domestic relationship" is given in clause (f) of section 2 of the act. .....

Nirmal Jeet Kaur Vs. State of Uttarakhand, Through Home Secretary Dehr ...

Court : Uttaranchal

..... of ex-parte order by the magistrate under the protection of women from domestic violence act-2005 cannot be said to be arbitrary or against the basic principles of judicial procedure, particularly when sub- section (2) of sub-section 28 of the act, provides that nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or sub-section (2) of section 23. ..... (6) as to the procdure of the proceeding under protection of women from domestic violence act-2005 sub-section (1) of sub-section (28) provides that save as otherwise provided in the act of proceeding under section 12, 18, 19, 20, 21, 22, and 23 and under section 31 shall be governed by the provision of code ..... hand, in reply to above, learned respondent no.2 and 3 drew attention of this court to sub-section (2), of section 28 protection of women from domestic violence act 2005, which reads as under: nothing in sub-section (1) shall prevent the court from laying dwon its own procedure for disposal of an application under section 12 or under section sub section (23). ..... mention here that proceeding based on an application under section 12, the protection of women from domestic violence act-2005 are not the proceeding of trial of an offence. ..... relations between the parties to matrimony got soured and the petitioner nirmal jeet kaur moved an application under section 12 read with section 18, 19, 20, and 21 of protection of women from domestic violence act-2005. .....

S. Vishwanathan S/O Shankaran Vs. Smt. Pushpa and State of Uttarakhand

Court : Uttaranchal

..... the revisionist and after going through the impugned order, this court finds that the magistrate has erred in law in passing the ex-parte order without getting notices served on the revisionist as required under section 13 protection of women from domestic violence act, 2005, read with rule 12 of rule framed under the act. ..... 1 (wife) pushpa for herself and her daughter, under the protection of women from domestic violence act, 2005. ..... 06 of 2010 filed under protection of women from domestic violence act, 2005.3. .....

Sunil Kumar Gupta Vs. Smt. Shalini Gupta

Court : Uttaranchal

Reported in : 2012CrLJ1958

..... shalini gupta launched another round of litigation against her husband under the protection of women from domestic violence act, 2005 (act no. ..... gupta cannot be equated with a woman who has been in a domestic relationship as envisaged in the definition provided under section 2(a) of the act of 2005. ..... her status cannot be equated with that of an aggrieved person as envisaged in the provisions of section 2(a) of the act of 2005. ..... shalini gupta under section 9 of the hindu marriage act was rejected, while counter-claim of the husband under section 13 of the said act was accepted and the marriage between the duo was annulled. ..... therefore, she cannot be said to be an aggrieved person with the result that the right of alternative accommodation from her erstwhile husband, in the shared household or by way of rent for the same, is not available to her. ..... sunil gupta filed a counter-claim under section 13 of the hindu marriage act claiming divorce from her. ..... 43 of 2005) (for short, the act of 2005) by moving an application (miscellaneous case ..... 587/2002, under section 9 of the hindu marriage act, was filed by ..... shalini gupta, though had been in the domestic relationship with sunil gupta, but that relationship has been legally broken by a decree of annulment of marriage passed by a competent court having jurisdiction over the matter, which stands affirmed by this high court, hence, ..... did not challenge the dismissal of the petition filed by her under section 9 of the hindu marriage act. .....