Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 36 act not in derogation of any other law Page 1 of about 593 results (0.293 seconds)

K.M. Revanasiddeshwara Vs. K.M. Shylaja

Court : Karnataka

..... submission of learned counsel for the respondent is that, as the protection of women from domestic violence act, 2005 has been enacted to protect the women being the victims of domestic violence, it is therefore contended that the reference to the statement of objects and reasons that the provisions contained in sub-section (3) of section 29 will be applicable even to the domestic violence act and it is not restricted only to the law relating to marriage and divorce. 14. ..... as far as the decisions cited by both sides are concerned, in view of the aforesaid reasons and domestic violence act itself not preventing the application of any other law, the decision referred to therefore are not considered in detail. 21. ..... act not in derogation of any other law. ..... the provisions of this act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force. ..... on the other hand, submission of sri.g.r.gurumath, learned counsel for the respondent is that the lower appellate court committed no error in holding that the application under section 5 of the limitation act is not maintainable and learned counsel drew my attention in this regard to sub-section (3) of section 29 of the limitation act to contend that save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in the limitation act shall apply to any suit or other proceeding under any such law. .....

ParvIn Firoz Shaikh and Others Vs. Firoz SharfuddIn Shaikh and Others

Court : Mumbai Aurangabad

..... she had applied to the learned chief judicial magistrate, osmanabad for maintenance and consequential benefits under the provisions of section 12 of the protection of women from domestic violence act, 2005 (for short, the dv act). ..... act not in derogation of any other law, - the provisions of this act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force ..... (2) any relief ref erred to in sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal ..... 3) a divorced muslim woman who has not remarried and who is not able to maintain herself after iddat period can proceed as provided under section 4 of the act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death according to muslim law from such divorced woman including her children and ..... in other suits and legal proceedings, - (1) any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any legal proceedings, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this act. ..... (3) in case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this act, she shall be bound to inform the magistrate of the grant of such .....

Ram Kishan Singh Vs. Uoi and anr

Court : Delhi

..... in the present writ petition, the petitioner, who is the father-in-law of the 2nd respondent, has approached this court seeking two reliefs- one is to declare section 27(1) of the protection of women from domestic violence act, 2005 (for short the dv act ), as ultra vires article 21 of the constitution of india, and secondly to quash the proceedings under section 12 of the d.v.act, in complaint no.22487/2008 pending in the court of shri sanjeev kumar m.m. ..... the term is vague and creates an uncanalised power of invoking the jurisdiction of the criminal courts.3) section 27(1) of the dv act cannot be used by the complainant for forum shopping, when the alleged accused has already been discharged from proceedings under sections 498-a and 406 i.p.c.4) section 27(1) of the dv act violates the fundamental rights of the petitioner enshrined in the constitution of india.5) as per section 36 of the dv act, the act shall be in addition to and not in derogation of the provisions of any other law in force for the time being.4. ..... under section 18, magistrate is empowered to pass protection orders wherein the magistrate has been given powers to pass orders against the respondent from entering into the place of employment or any other place, restraining the respondent from contacting the aggrieved person, restraining the respondent from alienating the assets and other things without the leave of the magistrate. .....

A.S.Sree Nandhini Vs. R.Uthaman

Court : Chennai

..... while so, to his shock and surprise, he was served with summons issued by the district social welfare officer, coimbatore in relating to the proceedings initiated by the petitioner herein, against her husband and others under the protection of women from domestic violence act, 2005 including the respondent herein, as 8th respondent in d.v.no.1194 of 2013 on the file of the learned judicial magistrate-iii, coimbatore. ..... relying on the above decisions, the learned counsel would contend that the complaint made against the respondent for the allegations made therein in good faith, would squarely cover the exception 8 to section 499 which clearly indicates that it is not a defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation.9. ..... therefore, having felt derogation for the accusation made by the petitioner herein against him, the respondent has initiated above said proceedings in c.c.no.102 of 2014 against the petitioner for the offences punishable under sections 499 and 500 ipc.4. .....

Smt Sheelavathi Vs. Sri M Lokesh

Court : Karnataka

..... the germane facts for disposal of the revision petition are as under: wife filed an application in c.misc.no.3/2010 on the file of the principal civil judge and jmfc, doddaballapur under section 12 of the provisions of the protection of women from domestic violence act, 2005 [hereinafter referred to as dv act for short]..4. ..... court be pleased to take cognizance on the complaint/domestic incident report and pass all/any of the orders as this hon'ble court deems fit, proper and necessary in the circumstances of the case kindly: (a)pass protection order under section 18 and (b) pass residence order under section 19 and (c) direct the respondent to pay monetary relief under section 20 (d) direct the respondent to pay compensation or damages under section 22 of the act and (e) pass any other order as deems fit and proper under the ..... held that already prevailing legislatures like code of criminal procedure, code of civil procedure, where the reliefs have been provided to woman who are placed in vulnerable situations is taken into account and the present act is in addition to the already available remedies and not in derogation with those remedies".28. ..... sarma reported in (2013) 15 scc755wherein it is ruled as under:"domestic violence act is enacted to provide a remedy in civil law for protection of woman, from being victims of such relationship and to prevent the occurrence of the domestic violence in the society. .....

Dajvip V. Patkar Vs. Vina D. Patkar

Court : Mumbai Goa

..... be that as it may, the present dispute arises out of an application under section 12 of the protection of women from domestic violence act, 2005 (the act of 2005, for short), filed by the respondent before the learned magistrate, for various reliefs under sections 18, 19, 20, 21 and 22 of the act of 2005. ..... it can thus be seen that section 36 of the act of 2005, in no uncertain terms says that the provisions of the act of 2005 shall be in addition and not derogation of any other law, for the time being in force. ..... on the contrary, the act of 2005 provides that the same is in addition and not derogation of any other law. ..... act not in derogation of any other law. ..... on the contrary, it is submitted by shri khandeparkar, the learned counsel for the respondent that the provisions of the act of 2005 are in addition, and not derogation of any other law for the time being in force, under which the respondent/wife can exercise her rights. ..... the provisions of this act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force. ? ..... it is submitted that the act of 2005 does not contain any prohibition for the parties to take recourse to such other remedy, as may be available in law, before other forums. .....

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 delhi. ..... 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 same. ..... like treatment to both does not, in any manner, derogate from the sanctity of marriage since an assumption can fairly be drawn that a 'live-in relationship' is invariably initiated and perpetuated by the male. ..... 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 demand of dowry. ..... if there is equality and uniformity in each group, the law will not become discriminatory, though due to some fortuitous circumstance arising out of (sic) peculiar situation some included in a class get an advantage over others so long as they are not singled out for special treatment. .....

Independent Thought Vs. Union of India

Court : Supreme Court of India

..... under the protection of women from domestic violence act, 2005, a child has been defined under section 2(b) to mean any person below the age of 18 years.17. ..... act not in derogation of any other law. ..... act not in derogation of any other law. ..... the first part of the section provides that the act is in addition to and not in derogation of any other law. ..... this section provides that the provisions of the pocso act are in addition to and not in derogation of the provisions of any other law in force which includes the ipc. ..... the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force and, in case of any inconsistency, the provisions of this act shall have overriding effect on the provisions of any such law to the extent of the inconsistency. 25. ..... the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force and, in case of any inconsistency, the provisions of this act shall have overriding effect on the provisions of any such law to the extent of the inconsistency. ..... section 42a provides that the provisions of pocso shall be in addition to and not in derogation of the provisions of any other act. ..... therefore, the provisions of pocso are in addition to and not above any other law. .....

Dr. Kavita Chaudhri Vs. Ms. Eveneet Singh and Another

Court : Delhi

..... the daughter-in-law, on the other hand, had filed a complaint under section 12 of the protection of women from domestic violence act, 2005 on 17th march, 2010 besides taking steps to file the said civil suit to claim decree of maintenance under the hindu adoption and maintenance act and one of the prime reliefs being sought by her is to declare the ground floor of the property bearing no ..... dated 20th december, 2010 and 29th april, 2011 are not in the nature of a decree executable in terms of order xxi cpc and secondly that her husband has not secured the same level of alternative accommodation for the judgment debtor as is being enjoyed by her in the matrimonial home in terms of section 19(f) of the protection of women from domestic violence act, 2005 and until such an accommodation is made available commensurate to the status of the wife any order passed by this court in the present execution ..... case seeking eviction of the judgment debtor from the premises in question would be in clear violation of the right of the woman granted under the protection of women from domestic violence act, 2005. 4) mr. .....

Saraswathy Vs. Babu

Court : Supreme Court of India

..... in view of the such continued domestic violence, it is not necessary for the courts below to decide whether the domestic violence is committed prior to the coming into force of the protection of women from domestic violence act, 2005 and whether such act falls within the definition of the term domestic violence as defined under section 3 of the pwd act, 2005.14. ..... , oral or written or electronic or telephonic contact; (e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate; (f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection order.19. ..... aggrieved person as a result of the domestic violence and such relief may include, but not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code of criminal procedure, 1973(2 of 1974) or any other law for the time being in force. .....