Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: andhra pradesh Page 3 of about 37 results (0.067 seconds)

Smt. Buravilli Siva Madhuri Vs. Sri Buravilli Satya Venkata Lakshmana ...

Court : Andhra Pradesh

..... filed a case under the provisions of the protection of women from domestic violence act, 2005 (for short ''pwdv act") seeking various reliefs against them under sections 18 to 22 of the act in d.v.c.no.4 of 2009 before the iii ..... from the nature of the allegations levelled against the respondents 2 to 6, the intention of the complainant seems to be that she wanted to involve all the relatives of her husband in the domestic violence ..... the petitioner alleged that the first respondent was doing business, having moveable and immoveable properties worth rs.40 lakhs, claimed several reliefs in dvc which include the protection order against the respondents prohibiting the respondents from alienating the properties without the leave of the court, directing the respondents to return the dowry amount with interest @ 24% per annum, directing the respondent no.1 to pay a sum of rs.10,000/- ..... the very same general and sweeping allegations, the petitioner get the respondents 2 to 6 involved in the domestic violence case. ..... in preeti gupta and another v state of jharkhand and anohter7, the supreme court apart from expressing serious concern about genuine cases of dowry harassment, observed thus: "exaggerated versions of small incidents should ..... 2009 air jhar r 3-815 4 (2010)10 scc 67.5 1992 scc crl.426 6 (2005) 1 scc 12.7 (2010) 7 scc 66.order: this criminal petition is filed under section 482 of the criminal procedure code to quash the criminal revision petition no.33 of 2009 on the file of the ix .....

T. Saritha Reddy and anr. Vs. T. Obireddy

Court : Andhra Pradesh

Reported in : 2009(1)ALT481

..... . taruna batra (supra) wherein the apex court while dealing with matrimonial home in the context of provisions of protection of women from domestic violence act (43 of 2005) observed at paras 12, 16, 23 and 25 as under:with respect, we are unable to agree with the view taken by the high court.there is no such law in india, like the british matrimonial homes act, 1967 and in any case, the rights which may be available under any law can only be as against the husband and not against ..... . the appellate court further recorded reasons commencing from paras 10 to 23 and came to the conclusion that to protect the rights of parties granting temporary injunction is inevitable ..... the father-in-law or mother-in-law.learned counsel for the respondent smt.taruna batra stated that the definition of shared household includes a house-hold where the person aggrieved lives or at any stage had lived in a domestic relationship .....

Gundu Chandrasekhar and Others Vs. 1. the State of A.P., Rep by Public ...

Court : Andhra Pradesh

..... claiming several reliefs including reliefs of protection order under section 18, residence order under section 19, monetary relief under section 20 and compensation under section 22 of the protection of women from domestic violence act, 2005 (in short, the act). ..... there is no allegation either in the report or in the statement or in the complaint of the 1st respondent with regard to the acts of domestic violence that took place on or after 26.10.2006. ..... it is only violation of order of the magistrate which becomes an offence under section 31 of the act and which attracts penalty for breach of protection order by any of the respondents. ..... similarly section 33 of the act provides for penalty for discharging duty by protection officer. ..... for acts of violence, certain penal provisions are incorporated. ..... aggrieved person with the petitioners were in the year 2002 and there was separation between the parties in the year 2003 and that since all the said incidents happened prior to passing of the act in the year 2005 and coming into force of the act in the year 2006, d.v.c. ..... except under sections 31 and 33 of the act which occur in chapter v, all the reliefs claimed under chapter iv of the act are not offences and enquiry of rights of the aggrieved person under sections 18 to 22 of the act cannot be termed as trial of a criminal case. .....

V.Chandrasekhar and 2 Other Vs. K. Bhavana @ V. Bhavana, W/O. V. Chand ...

Court : Andhra Pradesh

..... no.20 of 2010 was laid under section 12 of the protection of the women from domestic violence act, 2005 (dv act, for short) seeking for protection order and compensation.4. ..... be recalled that the trial court ordered return of rs.2.50 lakhs received by the first respondent before the marriage and also return of gold ring and gold bracelet apart from payment of compensation at rs.4 lakhs to the complainant towards domestic violence.11. ..... i am not prepared to accept the contention of the first respondent that the husband of the complainant received rs.2 lakhs from the father of the complainant to purchase jewellery for the complainant and that he in fact purchased jewellery for the complainant, as the same has not been established on the one hand and as the defence is ..... respondent/husband shall return rs.2 lakhs as well as gold bracelet and gold ring within two months from the date of the order and shall pay compensation of rs.4 lakhs within two months from today together with arrears payable from the date of the order in dvc no.20 of 2010, failing which the amount shall attract penal interest at 18% per annum from the date of the order in dvc no.20 of 2010 till payment.19. ..... srinivas, learned counsel for the respondents submitted that the complainant filed c.c.no.304 of 2010 on the file of the xiv metropolitan magistrate, cyberabad at l.b.nagar u/s.498-a ipc, apart from laying dvc no.20 of 2010 and that on 18.09.2013, c.c.no.304 of 2010 ended in the acquittal of the first respondent. .....

Bonthu Narasimha Swam Vs. Transmission Corporation of Andhra Prade

Court : Andhra Pradesh

..... she also filed a case under the provisions of protection of women for domestic violence act, 2005 against the petitioner. ..... and appeal) rules, 1991 (ccca rules, for short), through g.o.ms.no.458, general administration (services-c), dated 22.09.2009 that all proven cases of misappropriation, bribery, corruption, moral turpitude (sic), forgery and outraging the modesty of women, shall be met with punishment of dismissal from service and submitted that both under g.o.ms.no.2 as well as under the amended rule 9 of ccca rules, it is the proven cases which alone shall be met with the punishment of dismissal. ..... once an employee is found to be guilty of bigamy, i am afraid that the punishment deserves to be his dismissal from service as it is one of the fundamental principles of governance that no employee shall contract another marriage with a person while the first spouse is alive and the marriage with the first spouse is subsisting. ..... the learned counsel for the petitioner contended that bigamous marriage attracts the gravest punishment of dismissal from service, proof must be equally be strict and that proof by preponderance of probabilities cannot be accepted. ..... he also pointed out that the petitioner claimed that he obtained customary divorce from baby padmavathi and that neither the customary divorce nor valid divorce is proved, so much so, the marriage with lakshmi on 12.12.1999 is tantamount to indulging in bigamy. .....

A.Tirumal Vs. Smt. a.Anupama and Two Othe

Court : Andhra Pradesh

..... no.5 of 2008 was filed on the file of viii additional chief metropolitan magistrate for protection orders under sections 18 to 20 and 22 of domestic violence act, 2005 and the order of the magistrate, dated 30.09.2008, granting monthly maintenance @ rs.3,000/- to the wife and rs.2,000/- each to the children ..... restitution of conjugal rights filed by him was granted in his favour in directing him to provide separate residence and means for their living together and even the wife not joined, she is justified from the subsequent consequences supra of husband living with one saritha and he blessed with female child which are also proved by exs.a.58 and a.59 marked during the course of her evidence in the m.c. ..... dated 10.10.2012, and he claims that he has no employment, and thereby having no means to provide maintenance; that also can be negated for he being an engineer and got income from other source and got immovable properties and receiving rents from immovable properties and in a position with sufficient means and thereby by negating the said contention and holding him liable for the amount of rs.1,00,000/- being arrears due, however granted time ..... same as a just ground for the wife to refuse to live with him, whether he married or living with another women by keeping a mistress, as that was considered in passing the order, dated 25.02.2009, in m.c. ..... , for the respondent married another women, by name saritha, living with her and through said saritha, he blessed with a baby girl, by .....

A.Sreenivasa Rao and Others. Vs the State of A.P. Rep.

Court : Andhra Pradesh

..... , perhaps the proceedings under domestic violence act are quasi-criminal proceedings. ..... added to it, the 2nd respondent is silent as to the dates when the alleged violations under the domestic violence act have occurred. ..... viewed in this angle, the 2nd respondent is not entitled to proceed against the petitioner under the provisions of the domestic violence act. ..... i do not agree with this contention of the learned counsel for the petitioner for the reason that the protection envisaged by the article 20(2) of the indian constitution as well as by section 300 cr.p.c. ..... , which is a protection against the double jeopardy would apply if both the proceedings are criminal in nature, whereas the proceedings in d.v.a.no.18 of 2007 cannot be considered to be criminal proceedings. ..... she was indeed successful in obtaining an order from the court granting maintenance in her favour. ..... 2.as there is prior litigation between the parties, the 2nd respondent laid m.c.no.175 of 2003 seeking for maintenance from the 1st petitioner herein. ..... 5.it may be noticed that d.v.a.no.18 of 2007 itself was filed after the 1st petitioner obtained divorce from the 2nd respondent. .....

A.Sreenivasa Rao and Others Vs. the State of A.P.

Court : Andhra Pradesh

..... , perhaps the proceedings under domestic violence act are quasi-criminal proceedings. ..... added to it,the 2nd respondent is silent as to the dates when the alleged violations underthe domestic violence act have occurred. ..... viewed in this angle, the 2ndrespondent is not entitled to proceed against the petitioner under theprovisions of the domestic violence act.7. ..... , which is a protection against the double jeopardy would apply ifboth the proceedings are criminal in nature, whereas the proceedings ind.v.a.no.18 of 2007 cannot be considered to be criminal proceedings. ..... shewas indeed successful in obtaining an order from the court granting maintenancein her favour. ..... as there is prior litigation between the parties, the 2nd respondent laidm.c.no.175 of 2003 seeking for maintenance from the 1st petitioner herein. ..... it may be noticed that d.v.a.no.18 of 2007 itself was filed after the 1stpetitioner obtained divorce from the 2nd respondent. .....

Pannalal Lahoti Vs. State of Hyderabad

Court : Andhra Pradesh

Reported in : 1954CriLJ1093

..... to the australian, american and canadian constitutions, emergency laws get their strength only when the executive government seeks protection of the commonwealth whose duty it is to protect every state against invasion and domestic violence, and it is only then that the commonwealth declares an emergency and acquires emergency ..... (d)'. here certain regulations under the national security regulations, that imposed restrictions upon the ejectment of a class of persons, which included members and discharged members of the army forces, women and parents depending or recently depending upon such members, were held on their true constructions as not conferring on members or former members of the army forces some recompense for ..... dec., 1948 in excess of the constitutional powers of the parliament of the commonwealth and void and of no legal effect;(ii) alternatively, that regulations purporting to derive their force from the said act were on the 14th december, 1943 in excess of the said constitutional powers and invalid....the learned judge observed:the continued existence of a formal state of war, after the enemy has surrendered ..... in - '79 com-w lr 43 (i)', where a banking corporation incorporated under the government savings bank act of 1906 applied to the high court for a writ of 'prohibition' and challenged the scope of the defence powers after the actual fighting in the war had ceased as well as the operation of the women's employment regulations and the national security .....

Gopalakrishna Lakanidhi Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : 2001(3)ALD436

..... may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the respondent 1 herein to bring in suitable amendment to sections 54 and 155(4) of indian evidence act, 1872 and also section 179 of criminal procedure code so as to suit to the women victims insofar as jurisdiction for registration of crimes is concerned and consequently direct the respondents herein to take effective steps in conduction ofefficient and speedy trial to try the offenders who ..... chandrima das, : 2000crilj1473 , the apex court not only placed strong reliance upon the general assembly resolution of 10-12-1948, declaration on the elimination of violence against women by its resolution dated 20-12-1993 and other international covenants and declarations but went to the extent of applying the principles laid down in the universal declaration of human rights and the principles thereof holding that ..... thus, they also have the right to live, so long as they are here, with human dignity, just as the state is under an obligation to protect the life of every citizen in this country, so also the state is under an obligation to protect the life of the persons who are not citizens'.10. ..... without multiplying the case laws we may also refer to delhi domestic working women's forum v. ..... let us now consider the meaning of the word 'life' interpreted by this court from time to time. ..... uoi, : [1984]2scr67 , it was held that the right to live with dignity, free from exploitation. .....