Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: andhra pradesh Page 1 of about 37 results (0.124 seconds)

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

Court : Andhra Pradesh

..... in 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") against the petitioners in criminal petition no.2539 of 2009. ..... unambiguously noting that if the remedies provided under sections 18 to 22 of the act are applicable prospectively to acts or omissions of domestic violence that occurred prior to 26-10-2006, then the aggrieved person who suffered violence prior to that date would be deprived of claiming any relief under the act, the learned judge found no justification or reason to deny certain remedies available to women who suffered domestic violence prior to 26-10-2006 as such a narrow interpretation will defeat the object and purpose of enacting the act. ..... as the female relatives of the husband or male partner are, thus, not excluded from the applicability of the act, if it is otherwise applicable, the domestic violence case against the 3rd petitioner cannot, therefore, fail on the ground of her sex. 18. .....

Afzalunnisa Begum W/O. Late Mohd. Abdul Salam Vs. the State of A.P. Re ...

Court : Andhra Pradesh

Reported in : 2009CriLJ4191

..... , is whether 'respondent' as defined under section 2(q) includes a female person or not under the protection of women from domestic violence act, 2005 (for short 'the act').2. ..... 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 residence orders. ..... magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from-(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the ..... it is, therefore, 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.4. .....

Mohammad MaqeenuddIn Ahmed and ors. Vs. State of Andhra Pradesh and an ...

Court : Andhra Pradesh

Reported in : 2007CriLJ3361

..... filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') read with rule 6(1) of the protection of women from domestic violence rules, 2006. ..... to meet the expenses incurred and losses suffered by the aggrieved person and any child of the 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 ..... the result, the criminal petition in respect of the first petitioner is dismissed and the criminal petition in respect of petitioners 2 to 11 is allowed by quashing the proceedings against them in domestic violence case (dvc) no. ..... the respondents in domestic violence case (dvc) no ..... the daughter of the second respondent is separately living since may 2004 and from then onwards, the first petitioner has not seen her in anywhere except in the ..... when the petitioner's daughter is away for marital life from the first respondent on account of his conduct, insisting for marital life by the first respondent amounts to harassing the petitioner's daughter and harming ..... the petitioners 2 to 11 are living separate from 3-9-2004 and after partition they are no way concerned with the happenings between the first petitioner and the daughter of the .....

M. Nirmala Vs. Dr. Gandla Balakotaiah

Court : Andhra Pradesh

Reported in : 2008(3)ALD486; 2008(2)ALT241

..... relied on section 19 of the protection of women from domestic violence act, 2005 (for short, 'the act'). ..... non for an order under section 19 is an application under section 12 before the magistrate and the magistrate has to satisfy himself before passing an order under section 19 that domestic violence has taken place. ..... question of section 19 of the act, it has to be read along with section 12 because, it comes into play when an application has been made under section 12 and an aggrieved person or a protection officer or any person on behalf of the aggrieved person can make an application to the magistrate seeking an order or relief under the act. ..... she submitted that the respondent had been resorting to several tactics in order to dispossess her from the petition schedule property and he was sending strangers to the house, who, in turn, were claiming that they were prospective ..... in the counter-affidavit filed by respondent, he stated that he had purchased the property from out of his own funds and neither the petitioner nor her family members contributed any amount in purchasing the same and agreed that since february, 1997, the petitioner is staying ..... she submitted that respondent had purchased the schedule property from out of the funds given by her and her family members, but the property was purchased in the name of the ..... she had filed a suit for perpetual injunction, but from the impugned order it appears that such an argument was made before the family court and the argument .....

Nagamuthula Kondaiah Vs. State of A.P., Rep. by P.P. and Another

Court : Andhra Pradesh

..... the complainant filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioners herein to pass protection orders, residence order, maintenance order, custody order and to pay monetary relief compensation order and any other reasonable order ..... filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioner herein with a plea to restrain him from dispossessing her from shared household and also to pay compensation. 3. ..... 2(a), 2(f), 2(g), 2(q), 2(s) and 3 coupled with sections 18 to 22 of the protection of women from domestic violence act, 2005 (for short the act) are to be considered. ..... for the purpose of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case if- (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and ..... for the purpose of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case if- (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and .....

T. Venkata Sateesh Vs. Dasari Suhasini and Another

Court : Andhra Pradesh

..... the petitioners counsel placed reliance on section 26 of the protection of women from domestic violence act, 2005 (in short the act) as enabling provision for the relief claimed herein. ..... the question of getting conflicting decisions may not arise between the two courts in the two pending proceedings as scope of decision in a divorce petition is entirely different from the scope of a domestic violence case under the act before the magistrate. ..... there are no grounds for transfer of domestic violence case from criminal court, hyderabad to family court, secunderabad. ..... thirdly, section 26 enables an aggrieved person/wife or children to claim reliefs under sections 18, 19, 20, 21 and 22 of the act as additional relief and not as independent relief in any proceeding in civil court or family court or criminal court in case those proceedings are affecting the aggrieved person. ..... (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 relief. ..... the petitioner who is husband seeks transfer of d.v.c.no.86 of 2011 from iv metropolitan magistrate court, hyderabad to the family court, secunderabad where o.p.no.611 of 2012 is pending for divorce. ..... in that view of the matter, section 26 of the act does not come to the rescue of the petitioner in this transfer petition. .....

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

Court : Andhra Pradesh

..... in 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") against the petitioners in criminal petition no.2539 of 2009. ..... unambiguously noting that if the remedies provided under sections 18 to 22 of the act are applicable prospectively to acts or omissions of domestic violence that occurred prior to 26-10-2006, then the aggrieved person who suffered violence prior to that date would be deprived of claiming any relief under the act, the learned judge found no justification or reason to deny certain remedies available to women who suffered domestic violence prior to 26-10-2006 as such a narrow interpretation will defeat the object and purpose of enacting the act. ..... as the female relatives of the husband or male partner are, thus, not excluded from the applicability of the act, if it is otherwise applicable, the domestic violence case against the 3rd petitioner cannot, therefore, fail on the ground of her sex.18. .....

Somarapu Satyanaray Vs. Smt. Vijaya Lakshmi and Ano

Court : Andhra Pradesh

..... respondent herein filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (for short the act) on the file of iv metropolitan magistrate, hyderabad against the petitioner claiming reliefs under sections 14, 16 to 20 and 22 of the act. ..... some countries, like the interpretation act, 1984 (western australia), the interpretation act, 1999 (new zealand), the domestic violence act, 1998 (south africa), the domestic violence, crime and victims act, 2004 (u.k. ..... wherein the honble apex court after considering various provisions of the domestic violence act with reference to the laws prevailing in other countries, held as ..... to provide for more effective protection of the rights of women, guaranteed under the constitution, who are victims of violence of any kind occurring within the family and for matters connected there with or incidental thereto, enacted the dvc act, 2005. ..... that the words relationship in the nature of marriage might have been used in the domestic violence act keeping in mind the scope of section 5 of hindu marriage act as well as other personal laws. ..... from a conjoint reading of various definitions, as enumerated in section 2 of the act, it is clearly manifest that this act recognized the de-facto marriage to rescue the victims of domestic violence by providing ..... no doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or amend .....

Nagamuthula Kondaiah Vs. State of A.P., Rep. by P.P. and Another.

Court : Andhra Pradesh

..... the complainant filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short 'the act') against the petitioners herein to pass protection orders, residence order, maintenance order, custody order and to pay monetary relief compensation order and any other reasonable ..... filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short 'the act') against the petitioner herein with a plea to restrain him from dispossessing her from shared household and also to pay compensation.3. ..... 2(a), 2(f), 2(g), 2(q), 2(s) and 3 coupled with sections 18 to 22 of the protection of women from domestic violence act, 2005 (for short 'the act') are to be considered. ..... for the purpose of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case if- (a) harms or injures or endangers the health, safety, life, limb or well- being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and ..... for the purpose of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case if- (a) harms or injures or endangers the health, safety, life, limb or well- being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional .....

A.Vidya S Vs. the State of A.P., Rep. by Its Public

Court : Andhra Pradesh

..... 2nd respondent sought compensation of rs.50 lakhs from the petitioner, maintenance at rs.50,000/- per month, residential order for shelter and protection order under section 12 of the protection of women from domestic violence act, 2005 (the d.v. ..... do not agree with the contention of the learned counsel for the petitioner that a domestic violence case can be instituted and taken cognizance of on the basis of the domestic incident report only and not otherwise. ..... case of the 2nd respondent is that the petitioner has domestic relationship with her and caused domestic violence. ..... act contemplates that before passing any order on the application from an aggrieved person or a protection officer or any other person, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service ..... the learned counsel for the petitioner also submitted that the protection officer forwarded the complaint to the iv metropolitan magistrate, yerram manzil, hyderabad in a routine manner without domestic information report (dir) and without complying with the provisions of the ..... act adumbrates that the protection officer shall make a domestic incident report to the magistrate and also forward copies to the police officer in charge of a police ..... act, any lady who has domestic relationship with a man is entitled to seek certain reliefs from such a ..... act does not prohibit a magistrate from proceeding with the case unless there is a domestic incident .....