Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 35 protection of action taken in good faith Page 1 of about 408 results (0.216 seconds)

Sri A Ramesh Babu Vs. Smt Dharani S

Court : Karnataka

..... . now coming to the pivotal question whether this court can exercise jurisdiction under section 482 of code of criminal procedure, to set at naught the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005, it is apposite to refer the judgment of hon'ble apex court in the case of state of haryana referred supra, where it was held that the court exercising jurisdiction is not shorn of the power under articles 226 and ..... if a complaint was filed within the period prescribed under section 468 of the code from the commission of the offence but the cognizance was taken after the expiry of such period, the terminal point for the prescribed period for the purposes of section 468, was shifted from the date of taking cognizance to the filing of the complaint or initiation of proceedings so that a complaint ought not to be discarded for reasons beyond the control of the complainant or the prosecution ..... the first class or the metropolitan magistrate, as the case may 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, 22 shall be the competent court to grant a protection order and other orders under this act and to try offences under this act (2) any order made under this act shall be enforceable throughout india.11 .....

Baby Manji Yamada Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2009SC84; 2008(4)KLT306(SC); 2008(13)SCALE76; 2008AIRSCW6964

..... protection of child rights and recommend measures for their effective implementation; (b) present to the central government, annually and at such other intervals, as the commission may deem fit, reports upon the working of those safeguards; (c) inquire into violation of child rights and recommend initiation of proceedings in such cases; (d) examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence ..... taken exception to certain statements made in the said counter affidavit and has submitted that the petition before the high court was not in good faith ..... ;(g) undertake and promote research in the field of child rights;(h) spread child rights literacy among various sections of the society and promote awareness of the safeguards available for protection of these rights through publications, the media, seminars and other available means;(i) inspect or cause to ..... institution run by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary;(j) inquire into complaints and take suo motu notice of matters relating to, - (i) deprivation and violation ..... that the commissions for protection of child rights act, 2005 (hereinafter for short 'the act') has been enacted for the constitution of a national commission and state commissions for protection of child rights and ..... from ..... women .....

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

Court : Delhi

Reported in : (2010)158PLR1

..... 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. ..... from time to time been making efforts to impart justice and fair play to the women by means of various statutory enactments and protection of women from domestic violence act, 2005, is a landmark initiative taken by the parliament to confer certain important benefits including right of residence on a woman and to penalize those, who fail to provide those benefits to the women despite judicial mandate in the form of order passed by a court under the provisions of the act ..... , there would be no cause of action for initiating proceedings under section 31 of the act unless there was a breach of the order passed under sections 18 or 23 of the act, as the case may be. ..... by itself does not give rise to the cause of action, because payment can be made on receipt of notice of demand and in that event, there is no offence and that it is only the failure to pay the amount within 15 days of receipt of notice, which alone constitute cause of action, it was held that since the omission to pay the amount occurred after coming into force of section 138, the bar contained in article 20(1) of the constitution ..... the high court while dismissing their petition emphasized that the cause of action for the commission of the offence would commence only when the default was made on non-payment of the matured deposit and non-payment .....

Saraswathy Vs. Babu

Court : Chennai

..... 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). ..... the primary question that arises for consideration is whether acts committed prior to the coming into force of the protection of women from domestic violence act,2005 and which fall within the definition of the term 'domestic violence' as informed in the act could form the basis of an action. ..... since andhra pradesh high court and madhya pradesh high court have neither considered that the act does not make any act of domestic violence or any other act punishable and it is only the contravention of an order passed under the provisions of the act, which has been made punishable under section 31 of act, nor have they taken note of the fact that proceedings under the act are meant to provide civil remedy to the aggrieved person as noted in the statement of objects and ..... it cannot be disputed that several wrongful actions which might have amounted to offences such as cruelty and demand for dowry cannot have taken the description of domestic violence till such time the act came into force. .....

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 ..... to the virus of the protection of women from domestic violence act is misconceived and devoid of ..... the subject statute records that - 'it is, thereforee, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society'. ..... committee convention on elimination of all forms of discrimination against women (cedaw) has recommended that states should act to protect women against violence of any kind, especially that occurring within the family. ..... parliament 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 ..... domestic violence is a worldwide phenomenon and has been discussed in international fora, including the vienna accord of 1994 and the beijing declaration and the platform for action ..... 2 however appears to have taken the stance that their marriage .....

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 sum ..... 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 ..... petitioner 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 application ..... 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. ..... even if the woman was in the past in relationship, she would be entitled to invoke the provisions of the act on the basis of continuing cause of action. 13. ..... there shall be continuing causes of action, therefore, there is no question of putting a stop to the relief sought for on the ground of continuous breach of legal right, since the continued deprivation of economic or financial resources and continued prohibition or denial of access for .....

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and anr

Court : Andhra Pradesh

..... the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs under the protection of women from domestic violence act, 2005 (for short "the act") ..... the provisions of the act can be retroactive in relation to any continuing events amounting to domestic violence as defined under section 3 of the act, it was opined that irrespective of any retrospective or retroactive effect to the provisions of the act, the continuing state of affairs since the date of the act coming into force, ex facie, make the petitioner have the required cause of action for pursuing a remedy under section 12 of the act for obtaining necessary ..... set the criminal law in motion and even if the alleged offence was mostly committed outside india within the meaning of section 188 of the code of criminal procedure, on the allegations made, certain events were claimed to have taken place at hyderabad through telephonic conversations between the petitioners and krishna reddy, through personal meetings between krishna reddy and the 1st ..... making it clear that in deciding the question of applicability of particular remedial statute to past events, the language used is no doubt most important factor to be taken into account, the learned judge stated the same to be not positively stated as an inflexible rule but use of present tense or present perfect tense is decisive .....

Deoki PanjhiyarA. Vs. Shashi Bhushan Narayan Azad and anr.

Court : Supreme Court of India

..... the appellant, who was married to the respondent in the year 2006, had filed a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act) seeking certain reliefs including damages and maintenance. ..... "thereafter, the different clauses of the bill were considered by a parliamentary standing committee and recommendations were made that having regard to the object sought to be achieved by the proposed legislation, namely, to protect women from domestic violence and exploitation, clause (2)(i) defining "relative" may be suitably amended to include women who have been living in relationship akin to marriages as well as in marriages considered invalid by law. ..... additionally, it has been pointed out that while rendering its opinion in the aforesaid case this court had no occasion to take into account the deliberations of the parliamentary standing committee on the different clauses of protection of women from domestic violence bill, 2002. ..... protection from domestic violence bill, 2002 an "aggrieved person" and "relative" was, initially, defined in the following terms :"section 2 ..... anantrao [air 1988 sc 645] has taken the view that a marriage covered by section 11 is void-ipso-jure, that is, void from the very inception. .....

Vishal Damodar Patil Vs. Vishakha Vishal Patil

Court : Mumbai

Reported in : 2009CriLJ107

..... a view to appreciate the submissions, it will be necessary to refer to the facts of the case in brief.the first respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... the said rules are known as the protection of women from domestic violence rules, 2006 (hereinafter referred to as the said ..... the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.5. ..... affidavit being filed in the prescribed form, the learned magistrate can exercise power to grant an ex parte ad interim orders under sections 18, 19, 20, 21 or 22 of the said act provided the learned magistrate is satisfied that the application made by the aggrieved person prima facie discloses that the respondent to the said application is committing or has committed an act of domestic violence or there is a likelihood that the respondent may commit an act of domestic violence. ..... prohibitory order is essentially for preventing the respondent from committing an act of domestic violence or from preventing commission of any act as. .....

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 jurisdiction to entertain the complaint.6 ..... first respondent has filed the 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. ..... , it is obvious that 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. ..... 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 limits of the said magistrate.11 ..... close reading of the above provision would make it abundantly clear that for filing a petition seeking protection orders, it is not necessary that there should have arisen a cause of action or atleast a part of cause of action, within the territorial jurisdiction of the judicial magistrate concerned. ..... cannot be the intention of the legislature that dispute arising in one state could be taken congizance by state commission of other state. .....