Court : Kerala
Reported in : 2008(3)KLJ304
..... the interesting question which is raised in this revision is as to whether a divorced wife is entitled to file a petition under section 12(1) of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') claiming return of dowry and ornaments and also for maintenance payable under section 125 of cr.p.c.2. ..... 50,000/- for the mental and physical loss sustained by the applicant on account of the domestic violence committed by the respondents.the revision petitioner also filed cmp 284/2007 under section 23 of the said act for interim maintenance at the rate of rs. ..... in the course of the judgment, the additional sessions judge took the view that going by the definition of aggrieved person contained in section 2(a) and the definition of 'domestic relationship' contained in section 2(f) of the act, unless the applicant has the present status as a 'wife' or is at least in a 'domestic relationship' with the respondent on the date of the application, she cannot maintain an application under section 12 of the act and if so, no interim order also could be granted to the applicant under section 23 of the ..... it is true that on 11.1.2007 when the revision petitioner, priya approached the magistrate under section 12(1) of the act, she was already a divorced wife, her divorce having been declared with effect from 13.5.2005 by the family court, alappuzha. .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT454
..... what is the procedure to be adopted by a magistrate while dealing with an application filed under section 12 of the protection of women from domestic violence act, 2005? ..... as is clear from the statement of objects and reasons, the protection of women from domestic violence act is enacted to provide for a remedy under the civil law, which is intended to protect the women from being the victims of domestic violence and to prevent the occurrence of domestic violence in the society. ..... ext.p2 ex parte order was passed under section 23(2) of the protection of women from domestic violence act (hereinafter referred to as the act) without notice to the petitioner directing him not to enter into the compound of the house of the parents of the second respondent wife and also directing him to pay rs. ..... sub-section (2) reads:(2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.rule 12 of the protection of women from domestic violence rules, 2006 provides means of service of notices. .....
Tag this Judgment!Court : Kerala
Reported in : 2010(1)KLT79
..... adduced clearly or manifestly fails to prove the charge.the question whether the extraordinary inherent powers under section 482 of code of criminal procedure is to be exercised by the court to quash a proceeding initiated under the protection of women from domestic violence act, 2005 is to be considered in the background of the settled legal position. ..... the file of judicial first class magistrate court-ii, thiruvananthapuram, a petition filed under section 12 of protection of women from domestic violence act, 2005, (hereinafter referred to as the act,) is the petitioner. ..... clear that the act was enacted to provide 'a remedy under civil law' to protect the woman from being victims of domestic violence and to prevent occurrence of domestic violence in the society ..... the statement of objects and reasons of the act reads:it is therefore proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. ..... the magistrate may after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from committing any acts as provided under clause (a) to clause (g). .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ871
..... petitioner is the respondent in an application filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as domestic violence act). ..... learned counsel for the petitioner submits that in the light of the mandate under section 24 of the domestic violence act, there should not have been such delay in the furnishing of copies.6. ..... in the light of section 24 of the domestic violence act which is already extracted above, the burden is certainly on the learned magistrate to ensure that the copy is furnished to the parties as well as others specified in section ..... of conviction and sentence must be furnished to the accused can be complied by courts scrupulously, i can find no administrative bottleneck or difficulty which can stand in the way of the courts furnishing copies of orders passed under the domestic violence act as stipulated under section 24. ..... section 24 of the domestic violence act evidently of furnishing copies of the orders passed by he ..... section 24 of the domestic violence act reads as follows:court to give copies of order free of ..... grievance of the petitioner is now redressed to the extent that he has got the copy of the order and has filed an appeal under section 29 of the domestic violence act. ..... came rushing to this court on 15-03-2007 after the said order was passed on 14-3-2007 complaining that copy of the order has not been furnished to him by the learned magistrate as mandated under section 24 of the domestic violence act.3. .....
Tag this Judgment!Court : Kerala
Reported in : I(2008)DMC365
..... is appealable under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the pwdv act' for short).3. ..... iii of the protection of women from domestic violence rules, 2006 ('the ..... (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under sections 18, 19, 20, 21 or, as the case may he, section 22 ..... section 23 clearly shows that in an appropriate case where the magistrate is satisfied that the application discloses that the respondent to the application is committing or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, the magistrate is empowered to grant an ex parte order (ad interim order) on the basis of an affidavit in form no. ..... has been approached, and any service provider located within the local limits of the jurisdiction of the court and if any service provider has registered a domestic incident report, to that service provider.thus, in all cases where the magistrate has passed any order under the act, he has to order that a copy of such order shall be given free of cost to the parties to the application besides to the other functionaries .....
Tag this Judgment!Court : Kerala
Reported in : 2007CriLJ2057
..... section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') against an interim ex parte order passed under section 23 of the act? ..... (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or as the case may be, ..... section 2(s) and domestic violence is defined in section 2(g) read with section 3 of the act. ..... section and that (section 3) deals with the definition of the expression 'domestic violence'. ..... i am satisfied that the learned sessions judge can be directed to dispose of the appeal as expeditiously as possible -- at any rate, within a period of 15 days from 15-3-2007, on which date both parties/their counsel shall appear before the learned sessions judge and if the appeal is not posted for hearing to that date, the learned sessions ..... objects and reasons of the act clearly show that the act is a piece of civil law conferring on the victim women civil rights. ..... two views are possible, the one in favour of the target group -- the class of persons (victim women in this case) for whom benefit is sought to be conferred under the humane provisions of the act, cannot be lost sight of.14. .....
Tag this Judgment!Court : Kerala
Reported in : II(2008)DMC92
..... respondent herein had approached the learned magistrate with an application under section 12 of the protection of women from domestic violence act, 2005. ..... passed against him in a properly instituted appeal under section 29 of the protection of women from domestic violence act, subject of course to the law of limitation. ..... writ petition cannot, hence, be entertained as the petitioner has an efficacious alternative remedy under section 29 of the protection of women from domestic violence act to challenge the said order. ..... learned counsel for the petitioner was requested to explain why he has come to this court with a writ petition and why the option to prefer an appeal under section 29 of the protection of women from domestic violence act has not been invoked. ..... learned counsel for the petitioner submits that the impugned order is only a procedural order and, therefore, under the impression that such an order is not appealable under section 29 of the act, no appeal was preferred and the petitioner has come to this court with this writ petition.3. ..... find no reason to entertain this writ petition at the instance of the petitioner who has a right of appeal under section 29 of the act. ..... petitioner must have challenged the order by a properly instituted appeal under section 29 of the act. ..... that application to set aside the ex parte order is dismissed on the ground that such a petition will not lie, the said finding/order is according to me certainly an appeal able order under section 29 of the act. .....
Tag this Judgment!Court : Kerala
Reported in : 2007CriLJ2604; 2007(2)KLJ209
..... protection of women from domestic violence act, 2005 is a piece of legislation brought in by the parliament as the parliament felt that the civil law does not provide reliefs to a victim woman subjected to domestic violence ..... while those petitions were pending before the family court, the protection of women from domestic violence act, hereinafter referred to as dva, was enacted by the parliament and rules ..... aggrieved person of her right to approach the magistrate with a petition under section 12 of the protection of women from domestic violence act? ..... in these circumstances, to provide for a remedy under the civil law for protection of women from being victims of domestic violence, that the dva was brought in by the parliament. ..... decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved' person, the amount, if any, paid or payable in pursuance of the order made by the magistrate under this act shall be set off against the amount payable under such decree and the decree shall notwithstanding anything contained in the code of civil procedure, 1908 (5 of 1908), or any other 'law for the time being ..... local limits of which -(a) the person aggrieved permanently or temporarily resides or carries on business or is employed;(b) the respondent resides or carries on business or is employed; or(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. .....
Tag this Judgment!Court : Kerala
Reported in : 2009CriLJ3530; 2009(2)KLJ152
..... one sindhu, the first respondent herein under section 12 of the protection of women from domestic violence act, 2005 (herein under referred to as 'the act') claiming relief's under sections 18, 19, 20, 22 and 23 of the act. ..... said to be a judicial magistrate of the first class within the meaning of section 27 of the protection of women from domestic violence act, 2005?ii. ..... be, the metropolitan magistrate, exercising jurisdiction under the code of criminal procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place.the word 'magistrate' occurring in section 27 of the act will have to be thus read and understood in the light of the definition of the word 'magistrate' contained in clause (i) of section 2 of the ..... which is competent to grant protection orders and other orders under the act as also the forum to try the offences under the act, is, by virtue of section 27 of the act, the court of the judicial magistrate of the first class (jmfc) within whose territorial limits, any of the jurisdiction facts envisaged by section 27 of the act, are present. ..... person aggrieved permanent or temporarily resides or carriers on business or is employed; or(b) the respondent resides or carriers on business or is employed; or(c) the cause of action has arisen shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. .....
Tag this Judgment!Court : Kerala
Reported in : 2007CriLJ2328; I(2008)DMC83
..... order under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act'). ..... (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or as the case may be, ..... no domestic violence as defined under section 3 of the act has ..... city police commissioner, trivandrum was further directed to give necessary protection to the first respondent for her peaceful residence in the home ..... the learned counsel for the respondent contends first of all that an appeal under section 29 of the act, (i extract the statutory provision below) will be available only after notice of the order is served ..... counsel for the respondent contends that though an appeal is maintainable under section 29 of the act, this is a fit case where notwithstanding the availability of that remedy this petition under ..... shall be open to the petitioner to raise appropriate contentions before the learned magistrate and the learned magistrate imbibing the sense of expedition, which is expected of him, under sections 12(4) and 12(5) of the act must proceed to dispose of the petition on merits, expeditiously and in accordance with law.16. .....
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