Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 2 definitions Page 6 of about 596 results (0.099 seconds)

G.A. Ferris Vs. Svetlana Alexandrovna Dobrochasova Ferris and Another

Court : Karnataka

..... apart from the above, we are of the opinion 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 (hereinafter referred to as "the act"). ..... chief judicial magistrate, bangalore district, has come up in this criminal petition impugning the concurrent finding of both the courts below in holding that the house owned by petitioner herein is a shared house as defined under section 2(s) of the protection of women from domestic violence act, 2005 (for short, 'the act'). 2. ..... 23(2) r/w sec.i9(l)(a) of the protection of women from domestic violence act, 2005 therein and allow this petition and quash the entire proceedings in crl. ..... 17 and 19 of the protection of women from domestic violence act, 2005 and reject ia filed u/s. ..... taruna batra stated that the definition of shared household includes a household where the person aggrieved lives or at any stage had lived in a domestic relationship. ..... learned counsel for petitioner would submit that the definition of 'shared household' as defined under section 2(s) of the act is exhaustive and the same reads as under: "2. ..... having regard to the inclusive definition of the expression "shared household" and having regard to the fact that the wife is residing in the suit premises after her marriage, and having further due regard to the fact that the parents by way of .....

Meenakshi vs.praveen Rajora

Court : Delhi

..... subsequent to that event, the petitioner (wife) presented a complaint (cc no.178/6/14) in the court of the metropolitan magistrate invoking section 12 read with sections 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005 (for short, domestic violence act) seeking various reliefs. ..... the proceedings in the case of the petitioner against the respondent under section 12 of the protection of women from domestic violence act, 2005 are revived before the crl. m.c. ..... no.4705/2016 page 4 of 6 protection of women from domestic violence act, 2005 on the ground that the petitioner had ceased to be an aggrieved person and further on conclusion that the claim as put forth was barred by limitation . ..... submissions made by shri ranjit kumar on the issue of limitation, in view of the provisions of section 468 crpc, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... in the 2005 act, the definition of aggrieved person clearly postulates about the status of any woman who has been subjected to domestic violence as defined under section 3 of the said act. .....

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. .....

Santosh Bakshi Vs. State of Punjab and ors

Court : Supreme Court of India

..... (ii) the high court also failed to consider that in the complaint under the protection of women from domestic violence act, 2005, the allegations are identical to the complaint made to the police.9. ..... the complaint, if made, by any woman alleging offence under the protection of women from domestic violence act, 2005 committed by any member of the family, the matter is to be looked upon ..... 6th april, 2009, the appellant filed a complaint under the protection of women from domestic violence act, 2005 (hereinafter referred to as, the act ) against her in-laws. ..... the meantime, the appellant filed an application under the protection of women from domestic violence act, 2005. ..... husband of the appellant always stood with her and protected her from various atrocities committed by in-laws and respondent no.3. ..... after such enquiry, the investigating agency may form a definite opinion and file report but it is for the court to decide finally whether to take cognizance for any offence under any of the provisions of the act.15. ..... of respondent no.3 was not there but when he helped his old parents, brother, sister and brother-in-law in shifting from ludhiana to jalandhar then appellant mentioned his name. ..... investigating agency is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others. ..... section 182 ipc relates to false information, with intent to cause public servant to use his lawful power to the injury of another person and reads as follows: .....

Sikakollu Chandramohan and Others. Vs. Sikakollu Saraswathi Devi and A ...

Court : Andhra Pradesh

..... one or the other daughters.3.having regard to date of separate living of the 1st respondent since may, 2006, it is contended by the senior counsel for the petitioners that since cause of action took place prior to the protection of women from domestic violence act, 2005 (in short, the act) coming into force, d.v.c.no.17 of 2007 does not lie and that the act is prospective in its operation and not retrospective in operation. ..... definition of domestic violence:- for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it :- (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and ..... therefore, the evidence of p.w.1 in her cross-examination cannot have any bearing in determining existence of domestic violence in this case as per law and as per definition contained under section3 of the act. ..... explanation ii:- for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration. ..... one cannot expect the 2nd respondent to know definition of domestic violence with all its explanations contained in section 3 of the act. .....

Nischae Suri and Another Vs. State of Haryana and Another

Court : Punjab and Haryana

..... in question is exclusively owned and possessed by petitioner no.1 with effect from 17.2.2012, therefore, it does not come under the definition of section 2(s) of the protection of women against shanker gauri 2013.09.27 16:58 i attest to the accuracy and integrity of this document high court chandigarh crm-m-32165-2013 2 domestic violence act. ..... he further submits that the present complaint under the protection of women against domestic violence act , was filed by the respondent-wife only to harass the petitioner and his family members and wants to usurp the property, on which she has no right ..... the learned acjm, gurgaon while allowing the application under section 12 of the act has observed as under: after going through the contentions of the both the sides and in view of the report of protection officer, i am of this considered opinion that respondent must be restrained to dispossess petitioner and her minor daughter from the house no.7, block no.es escape nirvan colony, gurgaon till further orders because after the marriage, petitioner is living with the respondent in ..... the petitioner has also filed a petition under section 13(1)(i-a) of the hindu marriage act for dissolution of marriage by decree of divorce on the ground ..... also no source of income and the petition filed under section 125 of cr.p.c.is also pending before the competent court. ..... of the case are that marriage of petitioner no.1 was solemnized with respondent no.2 on 18.12.2005 according to sikh rites and ceremonies. .....

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. .....