Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 28 procedure Page 1 of about 989 results (0.137 seconds)

The Tamilnadu Vs. The State

Court : Chennai

..... learned counsel for the respondent further submitted that as per section 28 of the protection of women from domestic violence act, 2005, the normal procedure to be adopted is governed by the provisions of code of criminal procedure, but under section 28(2) of the act, the court can lay down its own procedure for disposal of an application under section 12 or under sub-section (2) section 23 of the act. ..... like negotiable instruments act, in the protection of women from domestic violence act, 2005, it is not specifically stated that the evidence may be given by the witness on affidavit, section 28(2) provides for the deviation from the normal procedures as contemplated under the code of criminal procedure, 1973.11. ..... ayyadurai for respondent : mr.r.gururaj order the revision petitioner herein is the respondent in proceedings in m.c.no.11 of 2008, on the file of the judicial magistrate-i, panruti, and the respondent herein filed an application before the learned magistrate under section 12 of the protection of women from domestic violence act, 2005, seeking certain reliefs.2. ..... , the learned counsel appearing for the respondent submitted that the remedy is provided under the protection of women from domestic violence act, is only a civil remedy, but at the same time, the act provides for speedy disposal and as per section 12(5) of the protection of women from domestic violence act, the application should be disposed of within a period of sixty days from the date of its first hearing.5. .....

SachIn Vs. Sau. Sushma

Court : Mumbai Nagpur

..... in my considered opinion, the procedure laid down under section 125(3) of the code of criminal procedure for getting compliance of the orders passed by the magistrate under section 125(1) of the code will have to be followed for executing the orders passed by the magistrate under section 20 (monetary reliefs) of the protection of women from domestic violence act, 2005. ..... the reliefs available under section 125(1)(a) of the code of criminal procedure are analogous to the reliefs available under section 20 of the protection of women from domestic violence act, 2005. ..... it appears from the order of the learned magistrate that the learned magistrate was of the view that he could formulate his own procedure under section 28(2) of the protection of women from domestic violence act, 2005. ..... sub-section (2) of section 28 of the protection of women from domestic violence act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the protection of women from domestic violence act, 2005. ..... the respondent has filed an application under section 12 of the protection of women from domestic violence act, 2005 before the learned magistrate. ..... sub-section (2) of section 28 of the protection of women from domestic violence act, 2005 reads as under:- 28(2). ..... nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23. .....

R. Smitha Subramanyachar Vs. Sri Manjunath S K

Court : Karnataka

..... been framed on the issue of maintenance are the special marriage act, 1954 ( sma ), section 125 of the criminal procedure code, 1973; and the protection of women from domestic violence act, 2005 ( the dv act ) which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious communities. ..... section 125 cr.p.c is a measure of social justice especially enacted to protect women and children, and falls within the constitutional sweep of article 15(3), reinforced by article ..... section 125 cr.p.c is a measure of social justice and is specially enacted to protect women and children and as noted by ..... provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of article 15(3) ..... backdrop of the facts of the present case, which reveal that the application for interim maintenance under section 125 cr.p.c has remained pending before the courts for seven years now, and the difficulties encountered in the enforcement of orders passed by the courts, as the wife was constrained to move successive applications for enforcement from time to time, we deem it appropriate to frame guidelines on the issue of maintenance, which ..... no.14, certain directions are issued to dispose of the applications filed for maintenance under section 24 of the hindu marriage act, 1955 and issued directions to the family courts to adhere to the following .....

Rajesh Sharma Vs. The State of Uttar Pradesh

Court : Supreme Court of India

..... procedure under section 14 of the protection of women from domestic violence act, 2005, of counseling should be made mandatory before registration of a case under section ..... -a of the ipc is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41, cr.pc; 11.2 all police officers be provided with a check list containing specified sub-clauses under section 41(1)(b)(ii); 6 (2014) 8 scc2739 11.3 the police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the ..... police of the district for the reasons to be recorded in writing; 11.6 notice of appearance in terms of section 41a of cr.pc be served on the accused within two weeks from the date of institution of the case, which may be extended by the superintendent of police of the district for the reasons to be recorded in writing; 11.7 failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished ..... dated 4th august, 2008 directed issuance of following guidelines: it must also be borne in mind that the object behind the enactment of section 498-a ipc and the dowry prohibition 1 2 3 4 (2005) 6 scc281(2010) 7 scc667(2010) 13 scc540ilr (2003) i delhi 484 7 act is to check and curb the menace of dowry and at the same time, to save the matrimonial homes from destruction. .....

Amardeep Singh Chadha vs.nirmeet Kaur @ Naina

Court : Delhi

..... as prayed, we make it clear that the order passed by the family court under section 24 of hma will not stand in the way of the appellant/husband raising all grounds available to him in other proceedings including proceedings pending under the protection of women from domestic violence act, 2005 and under section 125 of the code of criminal procedure.14. ..... the challenge in this appeal is to the order dated 04.09.2018 passed by the principal judge, family courts, karkardooma courts, delhi whereby an application filed by the respondent/wife under section 24 of the hindu marriage act, 1955 (hereinafter referred to as hma ) mat.app.(f.c. ..... the family court has taken into consideration that the appellant/husband is running a business of selling automobile parts from oberoi market, kashmere gate and has concealed his income. ..... on 05.04.2014, the appellant/husband had filed a petition seeking divorce under section 13(1)(ia) of hma before the family court.8. ..... the family court has awarded the maintenance in the sum of rs.8,000/- to the wife and rs.4,000/- to the minor son from the date of the filing of the application.7. ..... the copy of the statement of account of respondent of sbi from 31.10.2015 mat.app.(f.c. .....

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

Court : Mumbai Nagpur

..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in ..... 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 ..... is facing proceedings initiated under section 12 of the protection of women from domestic violence act, 2005 (act 43 of 2005), which was registered as criminal ..... the contention as to whether the protection of women from domestic violence act, 2005 is retrospective needs to be considered in the light of settled legal ..... the protection of women from domestic violence act, 2005 came into force ..... 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. ..... in view of the section 473 of the code of criminal procedure, the court can take cognizance of an offence not only when it is satisfied on the facts and circumstances of the case that the delay has been properly explained or but also when that is necessary so to do .....

Yusuf Allabuksh. Vs. Julakia Bee

Court : Chennai

..... the learned counsel would further contend that as per section 27 of the protection of women from domestic violence act, 2005 the learned judicial magistrate, kallakurichi has got territorial ..... said petition under the provisions of the protection of women from domestic violence act, 2005, seeking maintenance, share in the household and other reliefs as provided in section 18 of the said act. ..... the main purpose for which the act has been brought into force is only to protect the rights of women and to protect the victims of domestic violence. ..... it is evident that the purpose of the act is to provide for more effective protection of the rights of the women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for ..... in the said judgment, the hon'ble supreme court had to consider sub-section 2 to section 11 of the consumer protection act which reads as follows:"11(2) a complaint shall be instituted in a district forum, within the local limits of whose jurisdiction,-(a) the opposite party or each of the opposite parties, where there are more than one ..... therefore, in my considered opinion, if purposive interpretation is made to section 27 of the act, then it would emerge that the victim can approach the magistrate within whose local jurisdiction, she either permanently or temporarily, resides at the time she seeks protection order, notwithstanding the fact that either whole or part of the cause of action has not arisen within the local .....

Sou. Sandhya Manoj Wankhade Vs. Manoj Bhimrao Wankhade and ors.

Court : Supreme Court of India

..... application no.203 of 2007, on 16th july, 2007, against all the respondents under sections 12, 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005, hereinafter referred to as "the domestic violence act, 2005". ..... appeal no.159 of 2008 on 11th august, 2008, under section 29 of the domestic violence act, 2005, questioning the orders passed by the learned magistrate on 16th august, 2007 and 14th july, 2008, on the ground that being women they could not be made respondents in the proceedings filed by the appellant under the provisions of the domestic violence act, 2005, and that the matrimonial house of the appellant at khorej colony, amravati, belonged exclusively to ramabai, the respondent no.2 and mother-in-law of the appellant and ..... kabra submitted that it would be evident from a plain reading of the proviso to section 2(q) of the domestic violence act, 2005, that a wife or a female living in a relationship in the nature of marriage can, not only file a complaint against her husband or male partner but also against relatives of the husband or male partner. ..... learned counsel submitted that when the expression "female" had not been specifically included within the definition of "respondent" in section 2(q) of the domestic violence act, 2005, it has to be held that it was the intention of the legislature to exclude female members from the ambit thereof.11. .....

Sarbjyot Kaur Saluja and ors. Vs. Rajender Singh Saluja

Court : Delhi

Reported in : 148(2008)DLT650

..... consequently also seeks to amend the title of the plaint so as to incorporate the provisions of 'the protection of women from domestic violence act, 2005' which has been invoked on 17th october, 2006 as the court is competent to exercise its power conferred under sections 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005.5. ..... bench of the a.p high court had held that the requirement as contemplated under order 33 rule 5 relates to pleading and if the application does not conform to rule 2 and 3 it cannot be treated as fatal, as order 33 rule 5 relates to procedure and is, thereforee, directory and not mandatory and in such circumstances the application cannot out rightly be rejected as sometimes mistake may occur deliberately and sometimes accidentally.11. ..... in any case the rule is directory and not mandatory as has been held by a division bench of a.p high court in bommineni laxmi devamma (supra) as it relates to procedure and in a welfare state the poverty should not come in the way of person for enjoyment of his right to sue as an indigent person and a beneficial provision like order 33 cannot be negated on such hyper ..... defendants in the written statement objection has been raised not only to absence of the prayer of maintenance but also to the non compliance of the provision of order 33 of the code of civil procedure and consequently, rejection of the application under order 33 rule 5 has been sought which is mandatory according to the defendants. .....

Avijit Biswas.

Court : Kolkata

..... filed by avijit biswas praying for quashing of a proceeding under section 12 of the protection of women from domestic violence act, 2005 initiated by his wife on the ground of cruelty. ..... court dealing with an application under section 12 of the protection of women from domestic violence act, 2005, has nothing to do with such ..... it can well be said that the petition under section 12 of the act filed by the aggrieved wife contains violence within the meaning of the act and that empowers a court to take cognizance of the same and proceed in accordance ..... i find sufficient materials in the petition of complaint for which an enquiry should be made by protection officer appointed for the purpose of this act in the district of nadia and submit report to the learned magistrate in order to enable him to pass an adequate order on the petition filed ..... on behalf of the petitioner, any dispute as to the consent in a proceeding under section 13b of the hindu marriage act is to be considered by the court wherein the said application has been filed. ..... in the petition of complaint under section 12 of the act, specifically in paragraph 6, it has been averred that the signatures of the opposite party/wife were obtained forcibly and in paragraph 7, it has been averred that the said papers containing her signatures have been used in a proceeding under section 13b of the hindu marriage act for the purpose of getting a decree of divorce on mutual consent although the opposite party/aggrieved wife had .....