Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 2 definitions Page 4 of about 596 results (0.166 seconds)

Shilpa Tandon vs.harish Chand Tandon & Anr.

Court : Delhi

..... taruna batra, the learned single judge of this court, vide order dated march 21, 2014 held that the property at b-44, vishal enclave was not shared household under section 2(s) of the protection of women from domestic violence act, 2005; that surender kaur was the sole owner of the property and as a consequence, navneet kaur, being the daughter-in-law of surender kaur, would have no right to stay in the property owned ..... the division bench held that in light of the judgment of the supreme court in taruna batra s case (supra) a wife could claim a right of residence under section 2(s) of the protection of women from domestic violence act, 2005 in the premises where she stayed along with her husband as a joint family with the owners of the premises, regardless of whether she or the husband had any right, title or ..... according to the division bench, such a view was buttressed by the reading of the protection of women from domestic violence act, 2005 as a whole, wherein even under section 19 (1) (a) of the act, right of residence of a wife in a shared household where she had no legal ..... family had not been defined under the act, the division bench relied upon the definition of joint family in other statutes as well as the construction of the term by courts, to conclude that the scope of the term joint family as per the act would mean a household where the members of a family live in commensality, that is, habitually reside in shared accommodation and partake meals from the same kitchen. .....

Shammi Nagpal Vs. Sudhir Nagpal, Director of Hotel Taj-president,

Court : Mumbai

Reported in : 2008(5)BomCR149; (2008)110BOMLR1797

..... daughter-in-law to live in her mother-in-law's house, in the light of the provisions of the protection of women from domestic violence act, 2005, (for short, 'act of 2005') was under consideration. ..... definition of a 'shared house' so also the provisions of sections 17 and 19 of the act of 2005. ..... the tendency to recover possession of property by taking law in hand.8.1 there is no prohibition under section 6 to grant interim relief, directing to restore the possession which existed immediately before filing of the ..... the suit is instituted under section 6 of the specific reliefs act, 1963 alleging forcible dispossession from the suit premises between 14.3.2008 and 17.3.2008 when the ..... by mr thorat,learned senior counsel for the plaintiff emphasised that the nature of the enquiry under section 6 is confined to the question of unlawful dispossession within a period of six months from institution of the suit ignoring the question of title. ..... it is further observed, 'if the object of the provision of section 630 of the act is borne in mind, the expansive meaning given to the expression 'employee or anyone claiming through him' will not be unrelated to the object of the provision nor is it so ..... , retirement, resignation or death, gets extinguished, they (the persons in occupation) are under an obligation to return the property to the company and on their failure to do so they render themselves liable to be dealt with under section 630 of the act for retrieval of the possession of the property. .....

Shajan Skaria Vs. The State Of Kerala

Court : Supreme Court of India

..... the protection of women from domestic violence act, 2005 seeks to punish humiliation based on gender inequalities by specifically including the term humiliation in the definition of domestic violence . ..... state of kerala reported in (2021) 1 scc733while discussing in the context of section 7 of the muslim women (protection of rights on marriage) act, 2019, elaborated on the requirement of the existence of a prima facie case under section 18 of the act, 1989 for the bar of anticipatory bail to become applicable, as follows: 25. ..... [(1) where any person has reason to believe that he may be arrested on accusation of having committed a non- bailable offence, he may apply to the high court or the court of session for a direction under this section that in the event of such arrest he shall be released on bail; and that court may, after taking into consideration, inter alia, the following factors, namely:--- (i) the nature and gravity of the accusation; criminal appeal no. ..... forthwith or issue an interim order for the grant of anticipatory bail: provided that, where the high court or, as the case may be, the court of session, has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application .....

Nirmala Bagodi Vs. The State of Karnataka

Court : Karnataka

..... he would also draw the attention of the court to the provisions of the protection of women from domestic violence act, 2005, with particular reference to the rights vested in the wife and as a pointer in this regard, he would refer to the provisions of section 2(s) of the act. ..... elucidating further he would further draw the attention to the contentious provision of section 16 and would state that on a conjoint reading of sub- section 30 of section 2 of definition provision and section 16, the inescapable conclusion that one can arrive at, is that the word person used would also include a person like the petitioners whose spouses are licensed traders. ..... the legal 99 principle is that all statutory definitions have to be read subject to the qualification variously expressed in the definition clause which created them and it may be that even where the definition is exhaustive inasmuch as the word defined is said to mean a certain thing, it is possible for the word to have some what different meaning in different sections of the act depending upon the subject or context. ..... he would draw the attention of the court to the definition provision at section 2 and submit that the definitions are contextual definition and are to be understood in the context they are used and strict and literal meaning ought not to be placed on them as otherwise it could result in inherent or unintended contradictions, which the legislature desired to avoid. .....

P.Visalakshiamma Vs. 1.The Director of Schools Higher Education,

Court : Chennai

..... protect the interest of women, who end up as a second wife or a concubine as a result of long living with a male companion, has enacted the protection of women from domestic violence act, 2005 ..... living at the time of the marriage; (ii).at the time of the marriage, neither party- (a)is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c)has been subject to recurrent attacks of insanity (iii) the briedgroom has completed the age of [twenty-one years ..... n.stanunthan thambi for the past 47 years, and except for the maintenance case, the petitioner was never interested in living with the deceased n.stanunthan thambi, which is evident from the fact that she never took any steps for restitution and all along it is only the fifth respondent, who had taken good care of n.stanunthan thambi until his death. ..... the relationship between the fifth respondent would certainly fall under the definition as the deceased n.stanunthan thambi and the 5th respondent have lived together as husband ..... we approve the views expressed by the other high courts on the meaning of section 39 of the act and hold that a mere nomination made under section 39 of the act does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the life insurance policy on .....

Anita Katyal Vs. State of West Bengal and ors.

Court : Kolkata

..... the petitioner herein takes refuge under the protection of women from domestic violence act, 2005 in a mischievous attempt to stall the respondent bank from exercising its rights under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. ..... by some 2 convoluted logic, which should not be given any degree of respectability by being noticed in detail, the petitioner refers to the definition section of the 2005 act and to sections 17, 19 and 27 thereof to suggest that the petitioner s rights in respect of a property whereat the petitioner is entitled to reside, cannot be trodden over by the borrowers of the respondent bank. ..... in cours.of the petitioner citing the said act of 2005 to save the property that has already been taken possession of by the respondent bank, the petitioner does not leave out the emotional quotient that is so dear to bollywood ..... no law nor any fact of any relevance has been cited in this petition for the court to depart from the procedure recognised by the said act of 2002 or interdict the steps taken by the bank. ..... it appears that at least one partner of the principal borrower firm had instituted proceedings in this court which culminated in the bank being permitted to take steps in accordance with the orders passed by the magistrate under section 14 of the said act of 2002. ..... the court : this is a disingenuous attempt by persons who obtained money from the bank and think it is their fundamental right not to repay. .....

Hiral P. Harsora and Ors. Vs. Kusum Narottamdas Harsora and Ors.

Court : Supreme Court of India

..... it raises an important question as to the constitutional validity of section 2(q) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the 2005 act ).3. ..... definition of domestic violence ..... and in view of the fact that the decision of the delhi high court in kusum lata sharma's case has not been disturbed by the supreme court, we are inclined to read down the provisions of section 2(q) of the dv act and to hold that the provisions of "respondent" in section 2(q) of the dv act is not to be read in isolation but has to be read as a part of the scheme of the dv act, and particularly along with the definitions of "aggrieved person", domestic relationship" and "shared household" in clauses (a), (f) and ..... long- standing relationship as a concubine, though not a relationship in the nature of a marriage, of course, may at times, deserves protection because that woman might not be financially independent, but we are afraid that the dv act does not take care of such relationships which may perhaps call for an amendment of the definition of section 2(f) of the dv act, which is restrictive and exhaustive. ..... being the case, when a member of a joint hindu family will now include a female coparcener as well, the restricted definition contained in section 2(q) has necessarily to be given a relook, given that the definition of shared household in section 2(s) of the act would include a household which may belong to a joint family of which the respondent is a member. .....

Subhash Pralhad Chaware and Others Vs. Vaishali Subhash Chaware @ Ku. ...

Court : Mumbai Nagpur

..... the respondent herein is the original applicant and she filed proceedings under section 12 of the protection of women from domestic violence act, 2005 (for short, ?d.v. ..... the protection of women from domestic violence act 2005 provides more effective protection of the rights of women guarantee under the constitution who are victims of violence of any kind occurring within the meaning of family and for matters connected therewith or incidental thereto. ..... clause (a) of section 2 defines aggrieved person as under: 2(a) `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; ..... it was the case of the applicant that she was living in domestic relationship with the non-applicants in a shared household and she was subjected to domestic violence as envisaged under d.v. ..... it was also found by the learned magistrate that the applicant has proved domestic violence to her. ..... sarma reported in (2013) 15 scc 755 live-in relationship is not a relationship in the nature of a marriage and it is not in domestic relationship as envisaged under section 2(f) of d.v. ..... after the evaluation of oral as well as the documentary evidence, the learned magistrate recorded a finding that there was a domestic relationship between the parties within the meaning of section 2 (f) of d.v. ..... reading of above definition would make it clear that the legislature has avoided to use the word wife ? .....

Shabana vs.shahid Beg

Court : Delhi

..... for the respondent coram:-"hon ble mr justice ashutosh kumar ashutosh kumar, j judgment1 the petitioner/wife had filed a complaint before the metropolitan magistrate, mahila court-01, central, delhi under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as act ) which was registered as cc no.291/6/08 seeking protection order under section 18; residence order under section 19; monetary relief under section 20 and compensation order under section 22 of the act.2. ..... section 2(a) of the protection of woman from domestic violence act, 2005 defines aggrieved person as follows:-" 2. ..... from the aforesaid definition, it is very clear that apart from the woman who is in a domestic relationship with the respondent, a woman who has been in domestic relation, if is subjected to domestic violence, would also come under the category of aggrieved person .12. ..... from a bare reading of the aforesaid three definitions under the act, there could be no two opinions about the fact that the petitioner is an aggrieved person who has been in a domestic relationship with the respondent and had a shared household.13. .....

Eveneet Singh Vs. Prashant Chaudhari and anr.

Court : Delhi

..... section 2(s) of the protection of women from domestic violence act 2005, (herein after referred to as 'the act') defines 'shared household' as under:-"2(s) 'shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, ..... of the appellant, notwithstanding the same being the absolute property of appellant's mother-in-law, we concur with the view taken by the learned single judge inasmuch as vide clause (f) of sub-section 1 of section 19 of the act, in lieu of the shared accommodation, a court can direct the opposite party to secure same level of alternative accommodation for the aggrieved person as enjoyed by her in the shared household ..... thereafter abandon her requiring rent to be paid or face eviction therefrom and additionally on the ground that the appellant has a right to be protected in the shared household and has a right to restrain her mother-in-law and her husband to dispossess her from the shared residence, claim was raised in cs(os) no.1307/2010 which appears to be a counterblast to cs(os) no.505/2010 whereunder appellant's mother ..... to clause (f) of sub-section 1 of section 19 of the act would be the extreme ill health of the mother-in-law of the appellant; medical documents pertaining to whom would show that she suffers from 'tachycardia' with heart muscles .....