Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 25 duration and alteration of orders Page 1 of about 69 results (0.181 seconds)

Shri Amit Sundra S/O Shri Satish Sundra, Vs. Ms. Sheetal Khanna W/O Sh ...

Court : Delhi

Reported in : 2008CriLJ66; I(2008)DMC58

..... the respondent herein had filed an application under section 23 of the protection of woman from domestic violence act, 2005 before the magistrate praying for grant of interim relief seeking therein her entry into the shared house hold at 7, sunder nagar, new delhi and also prayed for interim maintenance of rs. ..... duration and alteration of orders:(1) a protection order made under section 18 shall be in force till the aggrieved person applies for discharge. ..... magistrate under the protection of women from domestic violence act, 2005. ..... so, according to section 25 of the act, any aggrieved person may make an application before the magistrate and the magistrate after being satisfied that there is change in the circumstances requiring alteration, modification and revocation of any order made under this act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate. 11. ..... (2) if the magistrate, on receipt of an application from the aggrieved person or the respondent is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate.29. ..... has also been filed seeking stay of the operation of the impugned order and for giving a direction to the protection officer to remove the respondent and her family members from the house.5. .....

A. Suresh Anto Vs. Anto Teena Mary

Court : Chennai

..... per contra, the learned counsel appearing for the respondent would vehemently contend that in the cases filed under protection of women from domestic violence act, 2005, the learned magistrate has power to pass interim and ex-parte orders and there is no provision available in the said act to set aside the order passed by the learned magistrate under section 23 of the act. ..... duration and alteration of orders. ..... on a reading of the above provision, it is clear that if at all any person aggrieved by the interim order passed by the learned magistrate, either the petitioner or the respondent has to apply for alteration or modification or revocation of the order made under the said act or has to prefer an appeal under section 29 of the act. 10. ..... (2) if the magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate." 9. ..... in this case, the petitioner has not filed any petition before the learned x metropolitan magistrate, egmore, chennai, seeking for modification, or alteration or revocation of the order by the learned magistrate. .....

Maxwell M Chennur Vs. Happy Maxwell

Court : Kerala

..... ------------------------------------- crl.r.p.no.228 of 2013 ---------------------------------------- dated this the 28th day of january, 2013 order the respondents in c.m.p.no.1129 of 2011 in crl.m.p.no.238 of 2010 on the file of the judicial first class magistrate court-i, north paravur which is instituted under section 12 of the protection of women from domestic violence act, 2005 are the revision petitioners. ..... : in the result, this revision petition is disposed of relegating the petitioners to approach the trial court to set aside the exparte order after convincing the said court by advancing whatever grounds or contentions and the evidence, if any, for the same especially when the above act has specifically mentioned about the duration and alteration of the orders and also empowers the court to pass interim and exparte orders. ..... if there is any delay in approaching the trial court, it is for the trial court to consider such delay and pass appropriate orders, reckoning the fact that the petitioners are agitating the matter in the appellate court as well in this court. ..... as the challenge is against an exparte interim order, i am not proposed to retain this revision petition on the file of this court and the petitioners can be relegated to approach the trial court to set aside the exparte order, if they are aggrieved by the said order as well as the judgment of the lower appellate court. .....

Satish Chander Ahuja Vs. Sneha Ahuja

Court : Supreme Court of India

..... that the suit filed by the plaintiff is directly in conflict with the right of the defendant to reside in her matrimonial residence/shared household granted to her by the legislature and specifically envisaged in section 17 and 19 of the protection of women from domestic violence act, 2005 and as such is liable to be dismissed at the threshold. ..... the mention of the divorce petition filed by raveen was made in the plaint and it was pleaded that the defendant as a counter blast has filed the complaint case under the protection of women from domestic violence act, 2005 in which interim order directing the plaintiff not to alienate and not to dispossess the defendant without order of the competent court has been passed. 67. ..... duration and alteration of orders. ..... - (1) xxx xxx xxx (2) if the magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate. ..... section 25(2) itself contemplates an eventuality when order passed under the act can be altered, modified or revoked. .....

Arivazhagan Vs. 1. M. Uma

Court : Chennai

..... according to the learned counsel for the revision petitioner/husband, the learned judicial magistrate, aranthangi should have seen that c.m.p.no.9459 of 2010 (filed by the first respondent/wife under section 128 of the criminal procedure code) is not maintainable to execute the order of maintenance passed under section 12 of the protection of women from domestic violence act, 2005, as if the said order and claim in m.c.no.5 of 2009 has been passed under section 125 of the criminal procedure code.5. ..... the learned counsel for the petitioner/husband urges before this court that to execute the order of maintenance passed under section 12 of the protection of women from domestic violence act, 2005, there is an enabling provision under section 20 (6) of the said act and further, no relief can be granted in the said petition which has not been filed under section 20 (6) of the act. ..... in reality, section 25 of the act refers to the duration and alteration of the orders passed by the magistrate concerned. ..... as per section 25 (2) of the act, if there is any change in the circumstances and if the learned magistrate is satisfied on receipt of application from the aggrieved person or the respondent, requiring alteration, modification or revocation of any order made under this act, he may for the reasons to be recorded in writing pass appropriate orders as he deems fit.22. .....

Vishal Jindal and Others Vs. Puja Jindal and Another

Court : Chhattisgarh

..... ), by which, their appeal filed under section 29 of the protection of women from domestic violence act, 2005 (hereinafter called as act of 2005) has been dismissed. 2. ..... section 25 deals with the duration of the orders and the procedure for alteration of orders passed. ..... , an interim protection order passed under section 18 substantially affects the rights of party at least till the final orders are passed or till such orders are altered or modified as breach of the order passed under section 23(2) is an offence, punishable under section 31 of the act of 2005, and therefore, the order passed under section 23, will be amenable to the appellate jurisdiction under section 29 and it cannot be held that such interim orders would be purely interlocutory (procedural) orders, which will not affect the rights of parties at all or substantially and as such, appeal would be maintainable under section 29 of the act of 2005. 14. .....

Mrs. Savita Bhanot Vs. Lt. Col. V.D. Bhanot

Court : Delhi

Reported in : (2010)158PLR1

..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected.18. ..... kantabai' ii (2009) dmc 787, it has been recorded in para 4 of the judgment that the petitioners were prosecuted by the respondent for an offence punishable under section 23 of the protection of women from domestic violence act, 2005. ..... maya winola' ii (2009) dmc 252, as judgment relied upon by the learned counsel for the petitioner, madras high court clearly held that since penal consequences under section 31 of the act are attracted only if a protection order is passed and the respondent violates that order, the penal consequences mandate from the date of the protection order and not from the date of acts of domestic violence and, therefore, the court was competent to take cognizance of the acts of domestic violence committed even prior to the act came into force, and pass necessary protection orders. ..... on 29.11.2006, the petitioner filed a petition before the magistrate under section 12 of protection of women from domestic violence act 2005 (hereinafter referred to as 'the act') seeking various reliefs. .....

Saraswathy Vs. Babu

Court : Chennai

..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected. 18. ..... the appellate court found erroneous the orders passed under section 18 and 19 of the protection of women from domestic violence act as it had been held by more than one court that the acts of cruelty/violence had not been proved. ..... maya winola ii (2009) dmc 252, as judgment relied upon by the learned counsel for the petitioner, madras high court clearly held that since penal consequences under section 31 of the act are attracted only if a protection order is passed and the respondent violates that order, the penal consequences mandate from the date of the protection order and not from the date of acts of domestic violence and, therefore, the court was competent to take cognizance of the acts of domestic violence committed even prior to the act came into force, and pass necessary protection orders. ..... the revision petitioner moved a petition in crl.m.p.no.2421/2008 before the xiii metropolitan magistrate seeking reliefs under section 19,20 and 22 of the protection of women from domestic violence act, 2005 (herein after referred to as the act). .....

Aruna Parmod Shah Vs. Union of India (Uoi)

Court : Delhi

Reported in : 2008(102)DRJ543

..... the petition contains two prayers - (a) for declaring the protection of women from domestic violence act, 2005 (for short 'act) as ultra virus the constitution of india and (b) to quash the proceedings before the metropolitan magistrate, new ..... was at the same time fully alive to the reality that section 498-a of the indian penal code, dealing with the malaise of dowry demand and attendant cruelty meted out to women, does not and cannot address the pressing need to provide protective measures against the consequences and repercussions of the pernicious prevalent practice of the demand of dowry. ..... in this connection, the preceding section 17 is legally path-breaking since it introduces the right of every women in a domestic relationship to reside in the shared household, whether or not she has any right, title or beneficial interest in the ..... counsel for the petitioner has drawn attention to the definition of 'domestic relationship' contained in section 2(f) of the act. ..... section 18 postulates the passing of protective and ameliorative orders of civil courts, calculated to preserve the status quo for the benefit of women ..... beyond stating that this section 18 is ultra virus the constitution of india no worthwhile reasons or arguments have been put forward by learned counsel for the petitioner in discharge of the burden of proving the unconstitutionality of the ..... counsel for the petitioner has also assailed section 18 but we are unable to appreciate any reason for the challenge to this section. .....

Shri. Maroti S/O. Dewaji Lande Vs. Sau. Gangubai W/O. Maroti Lande and ...

Court : Mumbai Nagpur

..... the main contention of the petitioner is that the application under section 12 of the protection of women from domestic violence act, 2005 was inordinately delayed and there was no reasonable explanation for the delay and, secondly, that petitioner is not liable to pay maintenance particularly to the son who is already attained age of ..... advocate for the respondent submitted that there is no question of limitation as submitted by the learned advocate for the petitioner as there is continuous cause of action for a wife to claim maintenance and avail of residence and protection orders under the domestic violence act. ..... husband, she can apply under section 12 of the act as an "aggrieved person" complainant of domestic violence and seek orders under the act i.e. ..... section 12 which require application before the magistrate for obtaining order or reliefs under the act contains proviso to the effect that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service ..... karnataka & anr reported in 2010 all mr (cri) journal 158 wherein it is observed that thus; "in other words if there is a domestic incident report that is received by the magistrate either from the protection officer or from the provider, then it becomes obligatory on the part of the magistrate to take note of the said domestic incident report before passing an order on the application filed by the aggrieved party. .....