Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: delhi Page 3 of about 450 results (0.065 seconds)

Nidhi Kumar Gandhi Vs. the State and ors.

Court : Delhi

Reported in : 157(2009)DLT472

..... leading to the filing of the present appeal are that the petitioner on 5th october 2007 filed an application in the court of the learned additional chief metropolitan magistrate (acmm') under section 12 of the protection of women from domestic violence act, 2005 ('act'). ..... it cannot be used as a kitchen, the petitioner appearing in person states that she will use it for the said purpose to the extent that she can as long as her right to a separate entrance from the ground floor and duplicate keys to the main entrance and main door are provided to her. ..... the petitioner stated in the said application that she had been forcibly thrown out from her matrimonial home at c-36, pushpanjali enclave, pitampura, delhi-110034 along with her minor daughter ..... the learned asj further observed that no procedure has been prescribed in terms of section 28(2) of the act and therefore devising its own procedure the learned asj directed restoration of the status quo ante as on 20th december 2007 ..... )3scc169 it was contended by them that the expression 'shared household' occurring in section 2(s) of the act did not include the present premises since it was owned exclusively by the father. ..... it is indeed inconceivable how at an interlocutory stage where, given the purposes of the act, the question before the learned mm is of giving urgent relief, a final determination can ..... section 29 of the act an appeal has been provided to the court of sessions from the order of the ..... from a reading of the chapter iv of the act .....

Purinma Sahni Vs. Rati Sahni and Another

Court : Delhi

..... in order to understand the scope of shared household and the rights of a wife therein under the protection of women from domestic violence act, 2005, as intended by the legislature, the division bench surveyed the policy underlying the protection of women from domestic violence act, 2005 and opined that the act was a social welfare legislation enacted for the benefit of women, keeping in view societal conditions whereby most married families in india, regardless of their religion or community, continued to live in premises owned by their parents. ..... taruna batra, the learned single judge of this court, vide order dated march 21, 2014 held that the property at b-44, vishal enclave was not shared household under section 2(s) of the protection of women from domestic violence act, 2005; that surender kaur was the sole owner of the property and as a consequence, navneet kaur, being the daughter-in-law of surender kaur, would have no right to stay in the property owned by her mother-in-law. 11. ..... the division bench held that in light of the judgment of the supreme court in taruna batra s case (supra) a wife could claim a right of residence under section 2(s) of the protection of women from domestic violence act, 2005 in the premises where she stayed along with her husband as a joint family with the owners of the premises, regardless of whether she or the husband had any right, title or interest in the shared household . .....

Ekta Arora Vs. Ajay Arora and Another

Court : Delhi

..... the fact that none of the statutes which deal with the rights of a married woman in india, be it the hindu marriage act, 1955; the hindu succession act, 1956; the hindu adoption and maintenance act, 1956; the protection of women from domestic violence act, 2005 or the code criminal procedure, 1973 confer any right of maintenance including residence for the married woman as against the parents of the husband ..... petitioner filed an application under section 19 of the protection of women from domestic violence act, 2005 (hereinafter referred as the said act') on the ground that she had apprehension of dispossession from her matrimonial home bearing no.a-135, shanker garden, ..... domestic violence act, 2005 gives protection to the wife where the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member within the meaning of section 2(s) of the said act ..... to the mother-in-law and there also the defence taken by the daughter-in-law was that the said property was a joint family property and therefore she enjoyed a protection under section 17(1) of domestic violence act, 2005. ..... right in an accommodation which belongs to mother-in-law or the father-in-law as such an accommodation does not satisfy the test of share household accommodation as envisaged under section 2(s) of the domestic violence act, 2005. 16. .....

Ridhima Juneja Vs. Deven Juneja and Others

Court : Delhi

..... these petitions arose out of a complaint case under section 12 of the protection of women from domestic violence act, 2005( in short the act of 2005) though were filed against different orders of the trial court and the ..... upon the pleadings and the affidavits filed by the parties and the report of the protection officer disposed of the complaint finally vide order dated 5th september, 2007 and held respondent-husband only guilty of causing domestic violence to the petitioner-wife and certain directions were given to him including a direction for payment of compensation of rs.50,000/- to her under section 20 of the act of 2005 for the acts of domestic violence committed by him and a sum of rs.5000/-p.m. ..... and going through the contents of the same it is clear that she is covered under domestic violence act being the aggrieved party as defined in definition u/s 2(a) of the act and she is also in domestic relationship with respondents which is covered as per the definition of domestic relationship u/s 2(1) of the act and further the allegations leveled are also covered u/s 3 of the act whereby domestic violence has been defined. ..... an appeal challenging the award of compensation of rs.50,000/- to the petitioner-wife for committing acts of domestic violence. ..... be paid by the respondent-husband to the petitioner-wife for herself as well as for their minor son from the date of filing the complaint under section 12 of the act of 2005 till the same is again disposed of by the trial court. .....

Douglas Breckenridge Vs. Jhilmil Breckenridge

Court : Delhi

..... contempt of courts act, 1973 read with article 215 of the constitution of india, with the allegations to the effect that the respondent has deliberately and willfully disobeyed the orders dated 30.09.2010 and 05.04.2011 passed by the guardianship court, saket courts, new delhi, passed in guardian case no.66/2010 and also the orders of the metropolitan magistrate dated 13.10.2011 in cc no.332/1, and of the additional sessions judge dated 19.10.2011 passed in protection of women from domestic violence act, 2005 (dv act) proceedings. ..... has been filed now on behalf of complainant seeking permission to correct the typographical errors in the petition filed by the complainant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act). ..... copy of the domestic violence complaint along with all the annexures is annexed as ..... under the cover of the orders obtained from the learned metropolitan magistrate in proceedings under the dv act, which have been obtained by suppression of the proceedings and orders of the learned guardianship judge, the respondent has sought to take away the child liam from the custody of the petitioner, and into her own custody ..... however, even this order was suppressed and concealed from the learned m.m and the learned asj dealing with the d.v act proceedings, evidently for the reason that this order too would have betrayed the fact that it was the respondent who was being granted visitation rights, and not .....

Navneet Arora Vs. Surender Kaur and ors.

Court : Delhi

..... pithily stated, the question arising for the consideration of this court revolves around the interpretation of the term shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005 and if the present case stands squarely covered by the authoritative pronouncement of the supreme court of india reported as (2007) 3 scc169s.r batra & anr. v. ..... interestingly, we find that the definition of shared residence under section 2(16) of the bangladesh domestic violence (prevention and protection) act, 2010 and the term household as defined under section 2(g) of the pakistan domestic violence (prevention and protection) act, 2012 is conspicuously similar to the conception of shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005. ..... on the first blush it may appear quite jarring to certain quarters of the society that by enacting the protection of women from domestic violence act, 2005 the legislature has invested a right of residence in favour of wives qua premises in which they or their husband admittedly have no right, title or interest and such premises are in fact owned by the relatives of the husband.59. .....

S vs.j

Court : Delhi

..... paramount, it is, to consider the gamut and the scope of the act, namely the protection of women from domestic violence act, 2005; certain excerpts from the objects and reasons are of immense importance which would run thus: 2 ..... in this context, it may be noted that protection of women from domestic violence act, 2005 was enacted by the parliament keeping in view that phenomenon of domestic violence which is widely prevalent has remained largely invisible in the public domain and even though there is a specific offence under section 498-a of the indian penal code dealing with cruelty by husband and relatives, there is no ..... therefore, this court will hold that the courts while dealing with proceedings under section 12 of the protection of women from domestic violence act, 2005 shall abide by the provisions of cr.p.c. ..... act the protection of women from domestic violence act, 2005 was enacted on 13th september, 2005 and came into force on 26th october, 2006 ..... first question to be determined is whether an application under section 26 of the protection of women from domestic violence act, 2005 (for short, d.v. ..... following questions arise in the present petition: (i) whether an application under section 26 of the protection of women from domestic violence act, 2005 (for short, d.v. ..... is the nature of proceedings under section 26 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v. ..... portions of the protection of women from domestic violence act, 2005 7.1. .....

Hima Chugh Vs. Pritam Ashok Sadaphule and ors.

Court : Delhi

..... the petitioner invokes inherent powers of this court under section 482 of the code of criminal procedure(code) for setting aside of the order dated 24.12.2010 whereby a complaint under section 29 of the protection of women from domestic violence act 2005(d.v. ..... son, daughter, daughter-inlaw, son-in-law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under protection of women from domestic violence act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. ..... a family member leaves the shared household to establish his own household, and actually establishes his own household, he cannot claim to have a right to move an application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... is with this in mind, the new protection of women from domestic violence act was passed.8. ..... the object of the domestic violence act, 2005 is to provide for effective protection of the rights guaranteed under the constitution, of women, who are victims of violence of any kind occurring within the ..... aggrieved person's right is invaded or destroyed or likely to be destroyed, the domestic violence act, 2005 gives a remedy by interdict to protect it or damages for its loss, etc. ..28. ..... the domestic violence act, 2005 provides for comprehensive and speedy relief within a set time .....

Varsha Kapoor Vs Uoi and ors.

Court : Delhi

..... the respondent no.4 has instituted proceedings in the court of metropolitan magistrate (mahila court south), new delhi under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act). ..... it is, therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution of india to provide for a remedy under civil law, which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society."8. ..... since invoking criminal machinery under section 498a ipc has serious ramifications, need was felt to have civil law on domestic violence inasmuch as there was no law enabling the court to give protection order to give monetary relief in case women go to court complaining violence. ..... the 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. ..... xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occurring within the family. .....

Smt. Preeti Satija Vs. Smt. Raj Kumari and anr.

Court : Delhi

..... importantly, the single judge was also aware of the fact that the appellant had relied on provisions of the protection of women from domestic violence act, 2005 (hereafter 200. ..... in such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005.15. ..... no rfa (os) 24/2012 page 18 restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the domestic violence act, 2005, to make it specific to males only.14. ..... the key to an understanding of the rights flowing from the domestic violence act, are concepts such as "domestic relationship'- which inter alia, is "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... ..... the other aspect, which this court wishes to highlight, is that the 2005 act applies to all communities, and was enacted "to provide more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring rfa (os) 24/2012 page 21 within the family". .....