Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 2 definitions Sorted by: old 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 .....

Rajasthan State Road Transport Corporation Vs. the Judge, Industrial T ...

Court : Rajasthan

Reported in : (1974)IILLJ328Raj; 1973()WLN686

..... though the case before the supreme court was with regard to interim relief but their lordships while reading the definition of award pointed out that it is open to the tribunal to make an award about some of the matters referred to it while some others still ..... background of this statement of law, it has to be examined if the tribunal was right in its interference with the decision of domestic enquiry, iris conceded by mr, mridul that there is good evidence in all the cases of the six workmen to support the finding ..... with the appeal by the state of bihar against an order of acquittal of the respondent under section 27 of the industrial disputes act, had an occasion to consider the meaning of the words 'instigation and incitment'. ..... entire decision of the supreme court the following principles also emerge and they are stated as follows:(1) if no domestic enquiry has been held or if the management makes it clear that it does not rely upon any domestic enquiry held by it is straightaway entitled to adduce evidence in support of the action proposed to be taken. ..... no evidence that any of these six workmen used force, or committed violence, or caused any obstruction in bringing about the strike among the employees of ..... the domestic enquiry which held them guilty for the illegal strike did not as well mention in the enquiry report that the concerned workmen were the employees in the public utility service the result of the enquiry, therefore, suffers from a basic error, which is apparent on the .....

Suo Moto Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2005(2)Raj1385; 2005(4)WLC163

..... victims of rape and domestic violence etc. ..... order to combat the increasing crime against women and to ensure protection and preservation of their human rights, - the criminal justice system needs to be addressed from the point of view of systematic victim support ..... upholding decency and dignity of the womanhood the criminal law (amendment) act, 1983 had added sub-sections (2) & (3) in section 327 of the code of criminal procedure providing camera trial for such ..... order to expedite the investigation, to provide protection to the victim, ensuring production of material witnesses during trial without delay, expeditious conclusion of the trial and payment of compensation to the victim, after noticing the incident, by order dated 13.5.2005, we ordered as follows:'2. ..... rape on a foreign lady tourist in the intervening night of 11th and 12th may, 2005 reported in the regional newspapers evoked the judicial conscience to take suo moto cognizance, considering that the constitutional courts vested with the powers under article 226 of the constitution of india, can no more be a silent spectator in the matter of violent crime against women and wait for its turn for dispensation of justice as provided under the relevant ..... to give more details, the incident is of intervening night of 11th and 12th may, 2005; the suo moto action was taken by this court on 13.5.05; the charge-sheet was filed on the same day; the charges were framed after hearing learned counsel for the accused on 16.5.05; the .....

Birju Ram and anr. Etc. Vs. State of Rajasthan and ors. and Etc.

Court : Rajasthan

Reported in : 2006CriLJ1794; RLW2006(3)Raj2090; 2006(2)WLC529

..... the domestic violence has also been covered under the indian penal code by recent ..... are various statutory and non-statutory bodies to take care of women's right, may be right to health, right to privacy, right to job and protection against sexual harassment. ..... appears that captors got the message that they will not be able to enjoy further protection as such, decided to produce her in court under a protective plan ensuring that she does not divulge truth and they get her custody back from court. ..... the panchayat the father of the girl citing the example of the present incident refused to act on the instructions of the panchayat and the girl is living happily with her husband.9. ..... trial court by judgment dated 10-1-2005 convicted three of the captors namely prtapa ram, shankerlal and bhanwarlal for offence under section 376(2)(g), i.p.c. ..... court in order to ensure that she was not under the influence of the persons from whose custody she had come, gave some time for reflection. ..... from the fundamental right of a woman of right to life, to live with dignity free from cruel degrading treatment, there is also a duty cast on every citizen by article 51(e) of the constitution to renounce practices derogatory to the dignity of women. ..... will be open for the complainant party to claim compensation from the accused persons in pending appear or the trial.12 ..... view taken by this court in the matter had a salutary effect in the society, which is evident from the averments made in para 16 of the statement of mst. .....

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. .....

Dr. Rajneesh Rajpurohit Vs. Savita and anr.

Court : Rajasthan

Reported in : AIR2008Raj119

..... for women's empowerment, by making laws, the law of maintenance for women is not only as it was but some more rights have been given to the women under the protection of women from domestic violence act, 2005. ..... radical changes have been made in hindu personal law which gave several rights to the hindu women including conversion of their limited right to property into full ownership right and now share in the ancestral property by amendment in section 6 of the hindu succession (amendment) act, 2005 by which hindu daughter has been placed at par with hindu son to inherent even coparcenary ..... during entire divorce proceedings which culminated with passing of the divorce decree on 4-2-2002, then the finding recorded by the court in divorce petition under section 24 of the hindu marriage act even if for sake of argument, may not be binding in the proceedings under section 25 of the hindu marriage act even then certainly is a relevant fact and, therefore, in view of the totality of the facts of the case, this court finds it appropriate ..... on 9-1-2006, stating therein that section 6 of the hindu succession act, 1956 has been amended with effect from 9-9-2005 and by said amendment, a daughter also has become coparcener and, therefore, became entitled to share in the ancestral property equal to son and section 25 of the hindu marriage act provides that before granting maintenance under section 25, the court should look into 'other property of the applicant' and 'conduct of parties as well .....

Nand Kishore and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : RLW2008(4)Raj3432

..... the petitioners under sections 12, 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act') be quashed.2. ..... i am therefore, of the opinion that a female relative is not excluded from the definition of respondent contained in section 2(q) of the act.in view of the above discussion i find the contentions of learned counsel for the petitioners devoid of ..... section 2(q) of the act 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. ..... section 2(q) of the act runs as under:'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 tile a complaint against a relative of the husband or the ..... in view of these opposite assertions it is for the trial court to decide as to whether the acts or omissions by the petitioners have been committed prior to the coming into force of the act or after the act became operative and only thereafter it can decide as to whether the provisions contained in article 20(1) of the constitution of india are applicable or not in ..... she has contended that under the proviso of section 2(q) of the act wife can file complaint against any male or female relative of .....

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. .....