Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: chennai Page 3 of about 59 results (0.070 seconds)

Dr.T. Rajasekaran Vs. The Protection Officer, Domestic Violence Act, D ...

Court : Chennai

..... above said circumstances, it is useful to extract section 29 of the protection of women from domestic violence act, 2005 which read as follows :- 29. ..... admitted by both sides, cc.no.2463 of 2015 is pending on the file of the x metropolitan magistrate, egmore @ allikulam, chennai for the offences under section 9(b) read with 37(2)(e) of the protection of women from domestic violence act, 2005. 3. ..... trial court failed to consider the second respondent filed op.no.3877 of 2013, in which no such allegations of domestic violence act was pleaded, the complaint was made after 19years without mentioning any specific date, month, year etc. ..... counsel for the second respondent mainly contended that there is no specific fault in the domestic violence act and filed revision before this court. ..... cc.no.2463 of 2015 is filed under section 37(2)(e) of the domestic violence act. ..... of the above circumstances, if the petitioner is aggrieved by the order passed by the x metropolitan magistrate, egmore @ allikulam, chennai he has to prefer appeal under section 29 of the domestic violence act. ..... present revision is preferred by the revision petitioner without invoking section 29 of the domestic violence act. ..... the petitioner states that the complaint filed by the respondent dated 05.01.2015 narrating the allegations from the date of marriage namely 29.05.1996 only after the petitioner filing divorce op would show that the complaint was made after 19years without any specific date, month, year etc therefore the .....

The Tamilnadu Vs. The State

Court : Chennai

..... though like negotiable instruments act, in the protection of women from domestic violence act, 2005, it is not specifically stated that the evidence may be given by the witness on affidavit, section 28(2) provides for the deviation from the normal procedures as contemplated under the code of criminal procedure, 1973.11 ..... the learned counsel for the respondent further submitted that as per section 28 of the protection of women from domestic violence act, 2005, the normal procedure to be adopted is governed by the provisions of code of criminal procedure, but under section 28(2) of the act, the court can lay down its own procedure for disposal of an application under section 12 or under sub-section (2) section 23 of the act. ..... : mr.r.gururaj order the revision petitioner herein is the respondent in proceedings in m.c.no.11 of 2008, on the file of the judicial magistrate-i, panruti, and the respondent herein filed an application before the learned magistrate under section 12 of the protection of women from domestic violence act, 2005, seeking certain reliefs.2. ..... contra, the learned counsel appearing for the respondent submitted that the remedy is provided under the protection of women from domestic violence act, is only a civil remedy, but at the same time, the act provides for speedy disposal and as per section 12(5) of the protection of women from domestic violence act, the application should be disposed of within a period of sixty days from the date of its first hearing.5. .....

Ms. Anuj Jermi Vs. State by Inspector of Police, Mangadu Police Statio ...

Court : Chennai

..... it is because of the above conventions, to give effect to articles 14, 15 and 21 of the constitution of india, the parliament has brought in a legislation in the form "the protection of women from domestic violence act, 2005" to protect the victims of domestic violence. ..... the united nations committee on convention on elimination of all forms of discrimination against women in its general recommendation has recommended that state parties should act to protect women against violence of any kind especially that occurring within the family. ..... despite the effective implementation of the said act, domestic violence has not been totally eradicated. 13. ..... the phenomenon of domestic violence is widely prevalent but has remained largely invisible in the public domain. ..... the domestic violence is undoubtedly a human rights issue and serious deterrent to development. ..... she has exactly performed what the father of our nation mahatma gandhiji said about self-protection of women about 80 years ago. 12. ..... the case on hand is such a classic case where the accused an young college going girl of hardly 19 years of age, stabbed her father thrice on his stomach, in order to protect her modesty and life when the deceased exhibiting animal behaviour violently attempted to rape her and kill her at knife point. ..... from other end, according to the 2nd respondent, the petitioner wept and narrated that with a view to protect her modesty and life, she had to kill her father by stabbing him thrice on his stomach. 4. .....

M. Palani Vs. Meenakshi

Court : Chennai

Reported in : AIR2008Mad162

..... petitioner contended that the respondent is not entitled to any maintenance since the petitioner and the respondent have not lived together at any point of time and hence the respondent cannot claim protection under any of the provisions of the 'the protection of women from domestic violence act, 2005' (hereinafter called as 'the act'). ..... application was filed under section 20 read with section 26 of the domestic violence act, 2005. ..... again in paragraph 6 the petitioner had averred as follows:i am advised to state that section 2(f), domestic violence act defines 'domestic relationship' as a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are ..... we had either married or lived together would the provisions of domestic violence act be attracted. ..... of the legislature is that even if an application is filed before the civil court or family court or a criminal court by the aggrieved person, an order shall be passed by them taking into consideration any domestic incident report received from the protection officer or the service provider, then the legislature would have incorporated such proviso as in the case of section 12(1), even in section 26 also.18. ..... section 12 reads that 'the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. .....

N.Satishkumar Vs. Meenakshi

Court : Chennai

..... herein to pay maintenance at the rate of rs.1,500/- per month and at rs.1,000/- per month respectively to the first respondent herein and the 2nd respondent herein, from the date of filing of the said petition and also directing the revision petitioner herein to pay a sum of rs.2,00,000/- as compensation under section 22 of the protection of women from domestic violence act 2005 together with a sum of rs.2,000/- as litigation costs.3.as against the said order, the revision petitioner preferred an appeal under section 22 of the ..... alleging failure to maintain them and commission of domestic violation, proceedings were initiated on the file of learned judicial magistrate no.ii, virudhunagar in crl.m.p.no.2110 of 2009 under section 20 r/w section 12 of the protection of women from domestic violence act 2005. ..... the courts below, on proper appreciation of the averments and evidence, arrived at the conclusion that the revision petitioner had committed a domestic violence and that both the respondents were entitled to monthly maintenance and the first respondent was entitled to compensation for the mental agony caused. ..... been filed.4.this court, after perusing the judgments of both the courts below, comes to the conclusion that there is no defect or infirmity in the finding of the trial court holding the revision petitioner to have committed a domestic violence and upholding the plea made by the respondents for an order directing payment of maintenance and also compensation. .....

V.Krishnaveni Vs. V.Rajkumar

Court : Chennai

..... father-in-law of the first respondent.3.based on the above mentioned allegation, the revision petitioner filed a petition under sections 18, 19 and 23 of the protection of women from domestic violence act 2005 for the following reliefs:-(i)protection order under section 18 of the said act, prohibiting the respondent no.1 and 2 from committing any act of domestic violence on the revision petitioner and prohibiting the respondent no.1 from alienating the property bearing door no.6 nagalingam pillai street, thiruchuli road, arupukkottai, virudhunagar district, which the petitioner claims to be a shared household ..... appeal, concurred with the findings of the trial court that the revision petitioner had not made out any prima facie case for any of the reliefs sought for under sections 18, 19 and 23 of the protection of women from domestic violence act 2005.6.the learned appellate judge has adverted to the transactions that took place subsequent to the death of the husband of the revision petitioner and also referred to the fact that the revision petitioner chose to reside .....

R.Vinaya Vs. 1.M.Prema

Court : Chennai

..... allegation, the petitioner made a complaint before the protection officer, at thanjavur, under the protection of women from domestic violence act, 2005, [for brevity, "the act"].. ..... provisions of the domestic violence act this court in ..... the domestic violence act provides for a higher right in favour ..... the protection officer held an enquiry and finally submitted a report before the learned judicial magistrate no.ii, thanjavur, alleging that there was domestic violence caused to the petitioner by the respondents and recommending for an order for shared household in the said house and also for ..... this explanation would make it clear that whether a particular act or omission of the accused amounts to domestic violence or not, is to be tested by taking into account the over all facts and circumstances ..... relief under the act in favour of the petitioner, essentially, it should be proved that there was domestic violence, as defined in the act. ..... of determining whether any act, omission, commission or conduct of the respondent constitutes ?.domestic violence?. ..... so, it is obvious that he has used his wife to initiate the present proceedings, as though there was domestic violence at the hands of the respondents, as defined in the act. ..... trial court, directing the respondents not to disturb the possession of the petitioner, her husband and their children to live in the house in question and also confirmed the direction not to cause any domestic violence to the petitioner, her husband and her children. .....

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. ..... husband of the petitioner, has nothing to do with the matrimonial affairs or disputes, but he has been unnecessarily dragged into the issue by citing him as 8th respondent in the proceedings initiated by the petitioner, invoking section 12 of the protection of women from domestic violence act and in that process, the respondent being a respectful person in the society, was served with summons in the presence of the local persons, by which, his reputation got spoiled and therefore, in order to erase bad impression ..... being denigrated over the proceedings initiated by the petitioner invoking section 12 of the protection of women from domestic violence act citing him as 8th respondent, wherein, summons through court were served on him in the presence of the local people, the respondent has filed a complaint under section 200 cr.p.c. ..... the complaint made would be protected under eighth exception to section 499 ipc.?.8. .....

B.Prakash Vs. 1.Deepa

Court : Chennai

..... while so, the respondent filed m.c.no.158 of 2009, on 20.01.2009, under section 20 r/w section 12 of the protection of women from domestic violence act, 2005, [hereinafter referred to as ?.the act?.]. ..... 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 order ..... very same magistrate under section 127 of the code for such modification so as to have the maintenance amount enhanced or if the respondents have got any fresh grounds, constituting the domestic violence, which happened subsequent to the passing of the order under section 125 of the code, they are at liberty to approach the magistrate under section 20 of the act to get an order for maintenance in addition to an order of maintenance already passed under section 125 of the code.22. ..... thus, if the husband neglects the wife or refuses to maintain her, the said act of the husband surely amounts to domestic violence and therefore, the aggrieved wife is entitled for monetary relief and such monetary relief may include, but not limited to the maintenance for the wife as well as to her children. .....

S.Jeeva Ashok Vs. Kalarani

Court : Chennai

..... mr.y.krishnan ^for respondent : mr.s.palanivelayutham :order the petitioner is the respondent in cr.m.p.no.8269 of 2013, filed under section 31 of the protection of women from domestic violence act, 2005, (in short "dv act"), seeking enforcement of the order dated 11.02.2011 made in cr.m.p.no.7910 of 2010, on the file of the court of judicial magistrate no.ii, ..... act, deals with 'domestic violence' and section 3 defines 'domestic violence' ..... act defines 'domestic violence' and it has been the same meaning as assigned to it in section 3 of the dv act. ..... prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 of the dv act against the respondent and therefore, the impugned order passed under section 23 of the dv act is to be construed as a protection order under section 18 of the act and in that event, the petition filed under section 31 of the dv act, is perfectly maintainable and the said aspect has been rightly taken into consideration by the lower court and hence ..... is the submission of the learned counsel for the revision petitioner that the impugned order passed under section 23 of the dv act, under the present facts and circumstances of the case, cannot be construed as a protection order as defined under section 18 of the dv act, for the reason that sub-clause (e) of section 18 of the dv act, only speaks about alienating any assets, operating bank lockers or bank accounts used for held or enjoyed by both the parties .....