Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: chennai Page 1 of about 59 results (0.132 seconds)

Saraswathy Vs. Babu

Court : Chennai

..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman who despite ..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected. 18. ..... 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. .....

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. ..... the 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. ..... thus, 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. ..... 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 matters connected therewith or incidental thereto. ..... this clearly brings to light the intention of the legislature to be liberal and considerate only towards the victims of domestic violence. ..... 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, at the time of the .....

.Nagasundaram Vs. Anitha

Court : Chennai

..... , which is also pending in m.c.no.10 of 2011.5.the first respondent also gave a complaint on 6.7.2011 under the protection of women from domestic violence act, 2005 for restoring her to her marital home. ..... the enquiry conducted by the second respondent is warranted in terms of section 9 of the protection of women from domestic violence act, 2005. ..... of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;(c)to make an application in such form and in such manner as may be prescribed to the magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;8.the second respondent is the notified protection officer in terms of section 2(n) read with section 8(1) of the act. ..... the petitioner cannot forestall the first respondent approaching the statutory forum to ventilate her grievance and in the forum provided under the domestic violence act in addition to the other reliefs that are available to the party either before a civil court or family court or criminal court. ..... she was duty bound to enquire into all complaints by virtue of the domestic violence act. .....

K.Niranjani Vs. R.T.Dinesh, and ors.

Court : Chennai

..... 18, 19, 20(1) & 22 of the protection of women from domestic violence act, 2005, which was taken on file in d.v.a.c.no.1 of 2010 and interim order of rs.25,000/- per month has been awarded to the wife as maintenance and the right of residence was ordered. ..... the wife/appellant filed an application under domestic violence act against her husband and in-laws and obtained interim order of rs.25,000/- as maintenance and her right of residence was modified, against which, both husband and wife preferred appeals in c.a.no.39/2010 for reducing interim maintenance ..... she filed an application under domestic violence act and obtained an interim order of rs.25,000/- per month as interim maintenance, against which, both husband and wife preferred appeals in c.a.nos.39 and 46 of 2010 respectively. ..... since it is a matrimonial dispute and the complainant is residing away from her matrimonial home, the learned magistrate has to give one more opportunity to put forth her case. ..... is directed to dispose of the matter within a period of 45 days from the date of receipt of copy of this order on day to day basis. ..... as the wife/appellant herein was also suffering from stomach pain, she sent the medical certificate through her uncle and on her behalf, her uncle appeared before the court. ..... ) sub-court tambaram in respect of divorce petition filed by the husband under section 13(1)(i)(a) of the hindu marriage act. .....

Dennision Paulraj and ors. Vs. the Union of India (Uoi), Rep. by Secre ...

Court : Chennai

Reported in : (2009)6MLJ283

..... for all the reasons stated above, i am not inclined to hold that sections 12, 18, 19 and 23 of the protection of women from domestic violence act, 2005 (central act 43 of 2005) are unconstitutional, ultra vires and void and the writ petition is liable to be dismissed and accordingly, dismissed. ..... the main ground of attack on certain provisions of the protection of women from domestic violence act, 2005 are that under the said act, the husband cannot file any application, but only the wife can file ..... the petitioners have come forward with the present writ petition for a declaration declaring sections 12, 18, 19 and 23 of the protection of women from domestic violence act, 2005 (central act 43 of 2005) as unconstitutional, ultra vires and void.3. ..... sixth respondent having failed in her malicious attempt, with an ulterior motive to harass the petitioners, filed an application under sections 18, 19 and 23(2) of the protection of women from domestic violence act, 2005 (herein after referred to as the act) setting out false and frivolous particulars. ..... tune with article 15(3) of the constitution of india, the state has thought it fit to frame a special legislation for women and thus, the protection of women from domestic violence act, 2005 came into force.9. ..... united nations 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. .....

A. Suresh Anto Vs. Anto Teena Mary

Court : Chennai

..... per contra, the learned counsel appearing for the respondent would vehemently contend that in the cases filed under protection of women from domestic violence act, 2005, the learned magistrate has power to pass interim and ex-parte orders and there is no provision available in the said act to set aside the order passed by the learned magistrate under section 23 of the act. ..... the brief facts of the case are as follows:- (i) the respondent as a complainant filed a petition in m.p.no.59 of 2012 under section 12 of the protection of women from domestic violence act, 2005, (hereinafter referred to as the act) seeking interim relief of residence order and monetary reliefs per month under section 23(3) of the act. ..... in the above circumstances, it is useful to extract section 23 of the protection of women from domestic violence act, 2005 which reads as follows:- "23. ..... since there is no provision available in the domestic violence act, to set aside the ex-parte interim order, the learned x metropolitan magistrate, egmore, chennai, has correctly dismissed the petition as not maintainable. ..... hence, the order passed by the learned x metropolitan magistrate, egmore, chennai, under section 23(3) of the domestic violence act is perfectly valid and it is acceptable. ..... further, on a perusal of the entire provision of the domestic violence act, it is seen that there is no provision available to set aside the interim order or ex-parte order passed under section 23 of the act. .....

K. Sugi Vs. R. Rajarathinam

Court : Chennai

..... the short facts of the case are as follows:- the petitioner / wife has filed a petition under section 12 r/w section 18(a), (b), (d), section (19)(1)(f), 19(8), section 20(1), section 22 of the protection of women from domestic violence act, 2005, along with an affidavit praying for (a) protection order: preventing the respondent from (a) committing any act of domestic violence, (b) aiding or abetting in the commission of acts of domestic violence, (c) attempting to communicate with the petitioner; in any form whatsoever, (b) residence order: (a) direct the respondent to secure same level of alternate accommodation as enjoyed by the petitioner in the shared ..... the appellate court has failed to consider that according to section 23(2) of the protection of women from domestic violence act, 2005, the learned magistrate is allowed to pass even an ex-parte interim order if he is satisfied that a prima facie case of domestic violence exists, based on the affidavits submitted before him. ..... he had not committed any domestic violence against the petitioner and that the complaint had been filed against him only for the purpose of extracting lumpsum payment from him and his family members ..... it was submitted that as the respondent has not caused any domestic violence to the petitioner, the petitioner is not entitled to receive rs.20,000/- as interim monthly maintenance ..... twenty lakhs only)towards damages for injuries, mental torture and emotional distress caused by the acts of domestic violence. 3. .....

A. Manikandan and Another Vs. Manonmani

Court : Chennai

..... a bare perusal of the order under challenge reveals that in passing the order under section 23 of the protection of women from domestic violence act, 2005, no prima facie satisfaction of the petitioner committing or having committed an offence of domestic violence or there being any likelihood of doing so has been recorded. ..... pending such petition, the respondent/wife filed m.p.no.727 of 2014 on the file of learned xvii metropolitan magistrate, saidapet, chennai, u/s.12 of protection of women from domestic violence act, 2005. ..... learned xvii metropolitan magistrate, saidapet, chennai, shall take m.p.no.735 of 2014 in m.p.no.727 of 2014 on file afresh for consideration and dispose of the same after passing a reasoned order within one month from the date of receipt of a copy of this order. .....

Senbagavalli and Others Vs. Senbagadevi

Court : Chennai Madurai

..... , praying to call for the records relating to m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005 and quash the same insofar as the petitioners alone.) 1. ..... 29/2015 on the file of the judicial magistrate, no.i, thanjavur, which has been filed for the offences under sections 12, 17, 18, 19, 20, 22, 23, 24 and 25 of the protection of women from domestic violence act, 2005 is pending. ..... the petitioners have come forward with this petition seeking to quash the proceedings in m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005. 2. ..... admittedly, the domestic violence case in m.c.no. .....

Selvarajan Vs. Rengasubathra

Court : Chennai Madurai

..... section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... the records relating to the order of the ii additional sessions judge, thoothukudi dated 11.02.2016 in c.a.no.38 of 2015, modifying the order passed by the learned judicial magistrate no.1, kovilpatti in m.c.no.2 of 2013 by order dated 01.07.2015 under protection of women from domestic violence act and set aside the same.) 1. ..... claiming shared residence, compensation, maintenance, return of her srithana articles and also protection from domestic violence, the wife has filed m.c.no.2 of 2013 before the learned judicial magistrate no.i, kovilpatti as against her husband ..... act) explains what is 'domestic violence ..... short, in domestic relationship, domestic violence is analogous to ..... she has admitted that there is no domestic problem between them and because he has filed a divorce case, she considered it a domestic violence. ..... and circumstances of this case, what is complained of is nothing less of domestic violence. ..... domestic violence comprises physical as well ..... even then, if we accept such a contention then every husband will try to escape from his moral and legal obligation to maintain his wife and children simply by saying that ..... husband has no property or he is having a property which is an hell for his wife, section 12 of the act speaks about his duty to provide accommodation to his wife even in a rented premises. ..... the act it is his duty to provide residence to his wife either from his own property or from his joint .....