Court : Chennai
..... protect the interest of women, who end up as a second wife or a concubine as a result of long living with a male companion, has enacted the protection of women from domestic violence act, 2005 ..... time of the marriage; (ii).at the time of the marriage, neither party- (a)is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c)has been subject to recurrent attacks of insanity (iii) the briedgroom has completed the age of ..... past 47 years, and except for the maintenance case, the petitioner was never interested in living with the deceased n.stanunthan thambi, which is evident from the fact that she never took any steps for restitution and all along it is only the fifth respondent, who had taken good care of n.stanunthan thambi until his ..... minor; (iv) before allowing the family pension for life to any such son or daughter the sanctioning authority shall satisfy that the handicap is of such a nature as to prevent m or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of a civil surgeon setting out, as far as possible the exact mental or physical condition of the child. ..... act reads as follows: ".domestic ..... from the above section, after the coming into force of hindu marriage act, 1955, an hindu male .....
Tag this Judgment!Court : Chennai
before the madurai bench of madras high court dated:10. 01/2013 coram the honourable mr.justice g.rajasuria c.r.p.(pd)(md)no.2516 of 2012 and m.p.(md)no.1 of 2012 r.saraswathi .. petitioner vs 1.p.sumithra devi 2.r.prabhu ganesh 3.r.pradeep 4.renganathan (r2 and r4 are given up as they are not necessary parties) .. respondents civil revision petition filed under article 227 of the constitution of india against the order passed by the learned judicial magistrate not i, tirunelveli, tirunelveli district in m.c.no.18 of 2010 vide his order dated 20.11.2012. #for petitioner ... mr.r.anand :order heard the learned counsel for the revision petitioner who would implore and entreat by pointing out that he would be satisfied if liberty is given to the revision petitioner to approach the same magistrate under section 25(2) of the protection of women from domestic violence act, 2005, to get the impugned order varied and modified. 2.in view of the submission made, this revision is disposed of granting liberty to the revision petitioner to approach the magistrate. consequently, the connected miscellaneous petition is closed. no costs. km to the judicial magistrate not i, tirunelveli, tirunelveli district.
Tag this Judgment!Court : Chennai
(prayer: civil revision petition filed under article 227 of the constitution of india to set aside the administrative order dated 21.11.2012 passed by the learned principal subordinate judge, cuddalore directing the office to number the petition filed by the respondent/petitioner under section 12 of the protection of women from domestic violence act, 2005 as o.p.no.145 of 2012 and consequently, dismiss the same.) 1. the learned counsel for the petitioner seeks permission of this court to withdraw this civil revision petition. he also made an endorsement to that effect in the bundle. in view of the same, the civil revision petition is dismissed as withdrawn. no costs. consequently, connected miscellaneous petition is closed.
Tag this Judgment!Court : Chennai
..... the respondent in this regard, has invoked the jurisdiction of the jurisdictional court by filing a petition under sections 20(1) and 23(1) and (2) of the protection of women from domestic violence act, 2005 (d.v. ..... it is the specific case of the respondent that from the date of marriage, she has been subjected to harassment, cruelty and ill-treatment at the hands of the petitioner herein and she was driven out of the marital home and some time thereafter, she ..... to the second respondent/minor son payable from the date of the petition."10. ..... act) and pending disposal of the same, she has filed a miscellaneous petition claiming interim maintenance of rs.15,000/-p.m. .....
Tag this Judgment!Court : Chennai
..... neelamegam (2003-4-lw 426), the honourable supreme court laid down the eligibility criteria for claiming the relief under section 9 of the tamil nadu city tenants protection act as follows:- "from the above provision it will be seen that the following conditions are to be satisfied before a tenant is entitled to relief:i) he should be a tenant in possession of the land;ii) he should have erected a superstructure on the land in respect of which ..... possession of the property in the capacity of tenant and as his legal heir, she is entitled to claim the status of a tenant and she also filed application under section 9 of the tamil nadu city tenants protection act for purchasing the vacant land as she is entitled to the benefits of that act and the notice of termination was not valid and it was not issued in accordance with the provisions of tamil nadu city tenants ..... nair and the second defendant bhakyam, who claims to be the wife of krishnan nair, was only a sub-tenant and she is not entitled to the benefits of tamil nadu city tenants protection act and the main tenant was not in possession of the property and therefore, the suit was filed for the relief prayed for.3. ..... , kannappan was collecting rent from her and that is evidenced by exs.p9, p10 to p17 series and therefore, the bhakyam is a tenant as per the provisions of section 2(4) of the tamil nadu city tenants protection act and she is entitled to the benefits under the act and directed the court to fix the minimum extent of land .....
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..... turn filed a case in m.c.no.21 of 2011 before the learned judicial magistrate, ambattur, tiruvallur district, under the provisions of the protection of women from the domestic violence act, 2005 wherein she has prayed for various reliefs including maintenance from her husband, the petitioner herein. ..... it is a measure of social justice and specially enacted to protect women, children and parents and it falls within the constitutional sweep of article 15(3) of the constitution of india reinforced by article 39 of ..... in those circumstances, the petitioner has approached this court with this original petition seeking transfer of the case in m.c.no.3 of 2011 from the file of the learned chief judicial magistrate, dharmapuri, to the file of the learned judicial magistrate, ambattur so as to be tried along with ..... though under some personal laws, the husband may be entitled to claim maintenance from the wife, it is certainly not possible under section 125 of the code ..... have intended to clothe the husband with the right to claim maintenance from his wife under this chapter. ..... of the respondent herein, filed a case in m.c.no.3 of 011 on the file of the learned chief judicial magistrate, dharmapuri, claiming monthly maintenance of rs.10,000/- from the respondent/wife. ..... the chapter itself indicates, these provisions relate only to order for maintenance in favour of wives, children and parents and it does not encompass in it's sweep an order for maintenance in favour of the husband from the wife. .....
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..... of 2014 before the judicial magistrate court no.ii, thanjavur, for various reliefs under the protection of women from domestic violence act. 5. ..... no.5665 of 2015 for a direction to the superintendent of police, thanjavur district, to take departmental action against the deputy superintendent of police, papanasam and poongothai, sub-inspector of police, all women police station, papanasam, for certain alleged misdeeds at the time when puthin was secured. ..... enquiry, it appears that arunagiri, his sister's husband and another relative, came with puthin to all women police station, papanasam and there puthin stated that he does not want to go to arunagiri. ..... deputy superintendent of police, papanasam sub division directed poongothai, sub inspector of police, all women police station, to enquire into the matter and take necessary action. ..... in this incident, the child was not forcefully taken from the custody of the petitioner, as contended by the ..... therefore, poongothai, sub-inspector of police, all women police station, kept puthin in the child welfare home on 30.03.2015 and on 31.03.2015, the child welfare committee was informed and puthin told the member of the child welfare committee that he does not want to go ..... poongothai, women si of police went to ariyalur brought the said arunagiri and his puthin in connection with petition submitted by his wife ..... (the petitioner herein) got married to shobha (the seventh respondent herein) on 23.02.2004 and a son, puthin, was born to them on 30.05.2005. .....
Tag this Judgment!Court : Chennai Madurai
..... violence in domestic relationship, the aggrieved party, namely, the wife filed a complaint against the husband under section 12 of protection of women from domestic violence act (hereinafter referred to as the p.w.d.v.act ..... the provisions of domestic violence act can be used as a shield / sword to get protection from the domestic violence and it cannot be used as a sword for the purpose of causing violence to the other partner in the life ..... deprivation of economic resources and prohibition as defined under section 3 (iv) of the domestic violence act comes within the purview of domestic violence (k.ramaraju vs. ..... 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 ..... word domestic violence has been defined in the p.w.d.v.act, 2005. ..... the wife filed a petition under section 12 of the p.w.d.v.act, 2005, seeking the following reliefs: i) to pass protection order prohibiting the respondent from committing any act of domestic violence either physically or mentally against her and daughter; ii) to pass a residence order, making provision for residence at the house, where the petitioner was .....
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..... further, by way of compromise, thenmozhi has agreed to withdraw all the proceedings initiated under the domestic violence act. 9. ..... in the mean while, thenmozhi filed a petition under domestic violence act as against her husband and in-laws before the learned judicial magistrate, melur. ..... 23(1) of the protection women act, 2005. ..... to withdraw the criminal cases filed as against each on condition of thenmozhi having to be paid rs.10 lakhs, who has also agreed to withdraw the proceedings pending before the learned i additional sessions judge which arose out of the dv act case and the said thenmozhi today present had stated that today her husband side has paid rs.8 lakhs cash. ..... now, instead of waiting for the solution from the court, they themselves find out some solution. ..... on the complaint of thenmozhi, the all women police station, manamadurai, sivagangai district registered a case in crime no.24 of 2015 for offence under section 498(a) i.p.c. ..... act. ..... and section 4 of tnphw act. .....
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..... 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. .....
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