Court : Chennai Madurai
..... section 2(g) r/w section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... , to call for the records relating to the order of the ii additional sessions judge, thoothukudi dated 11.02.2016 in c.a.no.38 of 2015, modifying the order passed by the learned judicial magistrate no.1, kovilpatti in m.c.no.2 of 2013 by order dated 01.07.2015 under protection of women from domestic violence act and set aside the same.) 1. ..... claiming shared residence, compensation, maintenance, return of her srithana articles and also protection from domestic violence, the wife has filed m.c.no.2 of 2013 before the learned judicial magistrate no.i, kovilpatti as against her husband and his parents. ..... act) explains what is 'domestic violence'. ..... in short, in domestic relationship, domestic violence is analogous to matrimonial cruelty. ..... the appellate judge allowed the appeal in part, reduced the compensation amount to rs.25,000/- and deleted the direction to pay rs.10,000/- towards rent, instead directed her to bear the rent out of her monthly maintenance amount. 6. ..... , pay rs.10,000/- towards monthly maintenance, rs.50,000/- towards compensation, return of her srithana articles and also issued protection order. 5. ..... in the facts and circumstances, rightly protection order has been issued. ..... the appellate court also reduced the compensation amount from rs.50,000/- to rs.25,000/-. ..... further, rs.25,000/- towards compensation is an heavy amount. 8. .....
Tag this Judgment!Court : Supreme Court of India
..... with the aforesaid averments, the aggrieved person approached the court of the special judicial magistrate under section 12 and sought protection orders, residence orders and compensation orders to be passed under various provisions of the protection of women from domestic violence act, 2005 (for short, the d.v. ..... (i) whether the consideration of domestic incidence report is mandatory before initiating the proceedings under domestic violence act, 2005 in order to invoke substantive provisions of sections 18 to 20 and 22 of the said act?. ..... act is to protect a woman from domestic violence, the salutary object of sub-section (1) of section 17 is to confer a right on every woman in a domestic relationship to have the right to reside in a shared household. ..... (2) the relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount as compensation or damages has been passed by 26 any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the magistrate under this .....
Tag this Judgment!Court : Delhi
..... thereafter, wife filed a complaint in the court of mm at delhi making her husband (nagesh malik), father-in-law (harbans lal malik), mother-in-law (neelam malik) and brother-in-law (varun malik) as parties under section 12 of protection of women from domestic violence act, 2005 [in short domestic violence act] with a prayer that court should pass a protection order under section 18, residence order under section 19, monetary relief order under section 20, compensation order under section 22 and interim orders under section 23 of the act. ..... the definition of "domestic violence" as given in section 3 of the protection of women from domestic violence act, 2005 and is under:3. d e f i n i t i o n o f d o m e s t i c v i o l e n c e . ..... i also consider that issue of assuming jurisdiction on the basis of temporary residence may have no force today when statutory provisions in india allow assumption of jurisdiction on the basis of a temporary residence [section 27(1)(a) of protection of women from domestic violence act, 2005].28. ..... the trial court after discussing the objects and aims of the protection of women against domestic violence act, 2005 and after reproducing a quote from novelist joseph conrad "being a woman is a terribly difficult task, since it consists principally in dealing with men" [as if men, though given birth by women, are ferocious animals and not human beings, but cannibals] passed an order for grant of maintenance.7. .....
Tag this Judgment!Court : Delhi
..... thereafter, wife filed a complaint in the court of mm at delhi making her husband (nagesh malik), father-in-law (harbans lal malik), mother-in-law (neelam malik) and brother-in-law (varun malik) as parties under section 12 of protection of women from domestic violence act, 2005 [in short domestic violence act] with a prayer that court should pass a protection order under section 18, residence order under section 19, monetary relief order under section 20, compensation order under section 22 and interim orders under section 23 of the act. ..... the definition of "domestic violence" as given in section 3 of the protection of women from domestic violence act, 2005 and is under:3. d e f i n i t i o n o f d o m e s t i c v i o l e n c e . ..... i also consider that issue of assuming jurisdiction on the basis of temporary residence may have no force today when statutory provisions in india allow assumption of jurisdiction on the basis of a temporary residence [section 27(1)(a) of protection of women from domestic violence act, 2005].28. ..... the trial court after discussing the objects and aims of the protection of women against domestic violence act, 2005 and after reproducing a quote from novelist joseph conrad "being a woman is a terribly difficult task, since it consists principally in dealing with men" [as if men, though given birth by women, are ferocious animals and not human beings, but cannibals] passed an order for grant of maintenance.7. .....
Tag this Judgment!Court : Delhi
..... in a complaint under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), trial court vide impugned order of 23rd june, 2008 has directed husband-ravi dutta to pay maintenance of rupees twenty thousand per month to wife- kiran dutta and another rupees twenty thousand per month towards rental and another rupees twenty thousand as compensation under section 22 of the dv act. ..... so far as direction to pay interim maintenance of `10,000/- per month is concerned, i find that appellate court in impugned order has not prima facie disclosed that petitioner-husband is or was committing an act of domestic violence as defined under section 3 of dv act. ..... act ought to have been dismissed, as complainant wife is a highly qualified lady, who has been paid `5.40 lacs annually and that there is no finding of any domestic violence being committed by petitioner-husband. ..... non-consideration of domestic incident report by trial court while deciding application under section 12 of dv act violates the mandate of section 12 of dv act and thus renders trial court s order of 30th june, 2008 unsustainable.8. ..... in any case, the court trying cases under dv act cannot bypass a mandate of section 12 of dv act which requires consideration of domestic incident report prior to passing any order under section 12 of dv act.7. ..... (ii) thereafter, he shall call for a domestic incident report from the protection officer or service provider. .....
Tag this Judgment!Court : Delhi
..... in a complaint under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), trial court vide impugned order of 23rd june, 2008 has directed husband-ravi dutta to pay maintenance of rupees twenty thousand per month to wife- kiran dutta and another rupees twenty thousand per month towards rental and another rupees twenty thousand as compensation under section 22 of the dv act. ..... so far as direction to pay interim maintenance of `10,000/- per month is concerned, i find that appellate court in impugned order has not prima facie disclosed that petitioner-husband is or was committing an act of domestic violence as defined under section 3 of dv act. ..... act ought to have been dismissed, as complainant wife is a highly qualified lady, who has been paid `5.40 lacs annually and that there is no finding of any domestic violence being committed by petitioner-husband. ..... non-consideration of domestic incident report by trial court while deciding application under section 12 of dv act violates the mandate of section 12 of dv act and thus renders trial court s order of 30th june, 2008 unsustainable.8. ..... in any case, the court trying cases under dv act cannot bypass a mandate of section 12 of dv act which requires consideration of domestic incident report prior to passing any order under section 12 of dv act.7. ..... (ii) thereafter, he shall call for a domestic incident report from the protection officer or service provider. .....
Tag this Judgment!Court : Chennai
..... for petitioner : dr.a.e.chelliah for m/s.arulselvam associates for respondent : mr.a.kumaraguru ******* order the brief history of the case are as follows:- the respondent herein / complainant / wife has filed a case in c.c.no.4628 of 2009, on the file of ii metropolitan magistrate, egmore, chennai-8, against the revision petitioner / husband under section 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005, stating that her husband had treated her cruelly and physically tortured her. ..... learned counsels on either side and on perusing the impugned judgments of the courts below, this court is of the view that, (i) the learned ii metropolitan magistrate, egmore, chennai, had granted a sum of rs.5,00,000/- under the head of compensation for 'loss of earning', but in order to prove the same, no substantial documents had been marked by the respondent herein. ..... hence, she has claimed rs.1,00,000/- for medical expenses and rs.5,00,000/- towards compensation and rs.10,00,000/- for loss of income and rs.15,000/- towards monthly maintenance to her.2. ..... the complainant/wife had proved the case beyond doubt and directed her husband to pay a sum of rs.10,000/- towards monthly maintenance and further directed the husband to pay a sum of rs.1,25,000/- to the complainant/wife as compensation towards medical expenses and rs.5,00,000/- as compensation for loss of earning and rs.1,00,000/- as compensation towards mental agony and physical disability. .....
Tag this Judgment!Court : Karnataka
..... hence, by way of this petition she seeks protection order under section 18, residence under section 19, to pay monetary relief under section 20 and to grant compensation or damages under section 22 of the protection of women from domestic violence act, 2005.6. ..... section 29 of the protection of women from domestic violence act, 2005 relates to preferring an appeal against the order passed by the magistrate as the appeal would lie within 30 days from the date of the order. ..... the interpretation given to the domestic relationship relating to the petitioner as well as the first respondent late manmohan attavar in the instant case, has not been established by the petitioner for seeking the relief under the provisions of the protection of women from domestic violence act, 2005. :36. ..... the following orders be passed under protection of women from domestic violence act2005 sec.17: right to reside in a shared household. ..... the petitioner in person has taken various contentions in this revision petition, against the order passed by the appellate court relating to the petition filed by her seeking relief under the domestic violence act, 2005. .....
Tag this Judgment!Court : Delhi
..... savita bhanot; (2012) 3 scc183 has observed that the conduct of the parties even prior to the coming into force of the protection of women from domestic violence act, 2005 could be taken into consideration while passing an order under sections 18, 19 and 20 of dv act thereof. ..... the monetary relief as provided under the protection of women from domestic violence act, 2005 is different from maintenance, which can be in addition to an order of maintenance under section 125 cr.p.c. ..... subsequently, on 17.07.2012 the respondent filed a petition under section 12 read with sections 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 against the petitioner, father-in-law and mother-in-law, along with an application for interim maintenance under section 23 of dv act in the court of chief metropolitan magistrate, saket courts, new delhi.5. ..... the brief facts stated are that, a petition under section 12 of the protection of women from domestic violence act, 2005 was filed crl.m.c. ..... furthermore, an act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the respondent from the offence committed or to deny the benefit to which the aggrieved person is entitled under the domestic violence act, 2005 including monetary relief under section 20, child custody under section 21, compensation under section 22 and interim or ex parte order under section 23 of the domestic violence act, 2005.24. .....
Tag this Judgment!Court : Delhi
..... section 12(2) of the protection of women from domestic violence act, 2005, the relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence ..... flat at narela was purchased during the pendency of the proceedings under the protection of women from domestic violence act, 2005. ..... rule 6(5) of the protection of women from domestic violence rules, 2005, which reads as under ..... extend to one month or until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, ..... and she refuses to live with him, such magistrate may consider any grounds of refusal stated by her, and may make an order under the section notwithstanding such offer, if he is satisfied that there is ..... section learned magistrate can grant even an exparte order on the basis of the affidavit filed by the petitioner/ aggrieved person under the said act .....
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