Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: kerala Page 2 of about 75 results (0.056 seconds)

Jacob Kuruvila Vs. Merly Jacob

Court : Kerala

Reported in : 2010(1)KLT503

..... counsel further submits that the liability to pay maintenance is recognised by law in section 125 cr.p.c as also in the provisions of protection of women from domestic violence act, 2005. ..... that a defaulter may be compelled to make such payments under threat of coercive processes leading to deprivation of liberty under the provisions of the code of criminal procedure or under the domestic violence act cannot definitely be reckoned as an implied bar under section 9 of the code of civil procedure.23. ..... to maintenance of the wife is not created by the code of criminal procedure or under the domestic violence act. ..... the learned counsel contends that the parties are from travancore and the principles of common law are not applicable ..... the learned counsel further contends that section 7 of the divorce act, which now stands repealed, was available when the full bench delivered the judgment in cheria ..... husband is an income tax assessee as is revealed from exts.p6 and p7 returns/acknowledgments produced by him. ..... initiated by the wife and minor child, aged 28 years and 7 years respectively on the date of the application, claiming return of money, ornaments and maintenance from their husband/father and his father. ..... declared that a christian wife is entitled for maintenance from her husband is founded well on the principles of justice, equity and good conscience and in any view of the matter the former citizens of the erstwhile kingdom of travancore cannot claim exemption from that principle. .....

K. Binulal Vs. R.S. Roopa

Court : Kerala

Reported in : 2011(3)KLJ782; 2011(3)KLT933; 2011(3)ILR(Ker)836; 2011(3)KHC738

..... first class magistrate, neyyattinkara will permit the respondent wife to move such request as may be permissible in law to revive any request by her for maintenance in the course of proceedings under the protection of women from domestic violence act, 2005, now that the order in her favour by the family court in that regard is being vacated thereby. ..... pointed out on behalf of the respondent that in view of the order that is now challenged, the wife has not pressed the request by her for maintenance under the provisions of the protection of women from domestic violence act, 2005 pending before the judicial first class magistrate court, neyyattinkara. ..... in the absence of any enabling provision in the g and w act entitling the wife to claim maintenance for herself pending consideration of an application under the g and w act in relation to the child, we do not find any substantive right ..... and w act does not contain any provision similar to that in section 24 of the hindu marriage act, 1955; section 36 or 41 of the indian divorce act, 1869; section 38 of the special marriage act, 1954 or section 39 of the parsi marriage and divorce act, 1936 ..... the proceedings under the g and w act is not necessarily a litigation relating to or generated by the matrimonial tie and ..... order for interim maintenance to the wife, it has to be noted that the main matter pending before the family court is only an application filed by the husband under the provisions of the g and w act for custody of the child. .....

Manju A. Nair Vs. State of Kerala, Represented by Its Public Prosecuto ...

Court : Kerala

..... the protection of women from domestic violence act 2005 is enacted to provide more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and matters connected therewith or incidental thereto. ..... a learned single judge, while considering the question whether a mother could proceed against her daughter under the provisions of the protection of women from domestic violence act, taking note of the two decisions of this court in ramadevi v. ..... hence the following question was referred to a larger bench for an authoritative pronouncement on whether the proviso in the definition of respondent under section 2(q) of protection of women form domestic violence act (hereinafter referred to as the act) enables only an aggrieved wife or a woman living in a relationship in the nature of marriage, to proceed against the relative of the husband or the male partner as a respondent in a proceeding under the act, or, does it enlarge and include all persons falling under the definition of aggrieved person under the act. ..... as is clear from the statement of objects and reasons, the act was enacted keeping in view the rights guaranteed under articles 14, 16 and 21 of the constitution, to provide a remedy under the 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. .....

Muhammed Nazeer Vs. State of Kerala

Court : Kerala

..... according to me, the above contention is untenable since the very same legislature which enacted act 25 of 1986, adopted the protection of women from domestic violence act, 2005, by passing the same in loksabha on 24/8/2005 and in rajyasabha on 29/8/2005 and thus came into effect on 26/10/2006. ..... it is clear that a divorced muslim woman is also not excluded from the purview of the protection of women from domestic violence act, 2005. ..... of 2013 :-5-: to me, whatever may be the proceedings adopted by the first petitioner to divorce his wife/the second respondent, who is the aggrieved person before the court below, are not ground to deny the privileges and protection given to a wife under the provisions of the protection of women from domestic violence act, 2005. ..... along with annexure-6 the aggrieved person has also filed annexure-i crl.m.c.no.2036 of 2013 :-4-: affidavit in support of the petition under section 23(2) of protection of women from domestic violence act, 2005. ..... day of august, 2013 order the petitioners are respondents in m.c.no.59 of 2013 pending before the judicial first class magistrate court-i, changanassery which is a proceedings instituted at the instance of the second respondent herein, under section 12 of the protection of women from domestic violence act, who is the alleged divorced wife of the first petitioner and the daughter-in-law of petitioners 2 and 3. .....

Riju Jacob Vs. Pinky Margarat Varghese

Court : Kerala

..... the apprehension expressed by learned counsel for the petitioner about the possibility for conflicting judgments in case of proceeding for the same relief in two different courts, according to me, is unfounded in view of section 26 of the protection of women from domestic violence act, 2005. ..... but the same relief sought for in the petition filed under section 12 of the protection of women from domestic violence act and if these two proceedings are allowed to go in two separate courts there is every likelihood of conflicting judgments ..... umasanker valsan (2013 (1) klt 135), the family court has also jurisdiction to try a petition filed under section 12 of the protection of women from domestic violence act and, therefore, the petitioners are entitled to get an order as well.4. ..... in the present case, the aggrieved person opted to file a petition under section 12 of the protection of women from domestic violence act before the judicial first class magistrate court-ii, tr.p. ..... the case of the petitioners are that the aggrieved person in m.p.no.5804 of 2012 has already approach the family court, thrissur under section 7 of family court act seeking several reliefs including the relief as contemplated under section 26 of the protection of women from domestic violence act. ..... thus considering the object sought to be achieved by the protection of woman from domestic violence act, the option made by the aggrieved person or the woman cannot be disturbed or the forum selected by such woman shall not be .....

Sainabha K Vs. State of Kerala

Court : Kerala

..... an admitted fact that petitioner filed annexure 3 complaint before the judicial first class magistrate court no-v, kozhikode, against the present second respondent and his sister under the provisions of the protection of women from domestic violence act, 2005 and that is pending as m.c.no.30/10 before that court. ..... : violence under the provisions of the protection of women from domestic violence act, 2005 and that is pending as m.c.no.30/10 ..... : against the second respondent and his sister filed under the domestic violence act and pending as m.c.no.30/10 is concerned, the petitioner herself can move the concerned court for withdrawal of the complaint on the basis of the settlement for which the power under section 482 of code ..... : violence act is concerned, the petitioner herself can move that court for withdrawal of the complaint and it is not necessary for this court to invoke the power under section 482 of code of criminal procedure to ..... following relief: "to pass order quashing entire prosecution proceedings in cc3562008 pending in jfcm court v kozhikode, based on annexure 1 kozhikode beypore police crime fir no.85/2006 and annexure 2 private complaint and dv act proceedings in annexure 3 mc30of 2010 by the petitioner against the 2nd respondent and relatives in view of full and final settlement as per annexure 4 agreement." 3. ..... complaints before the judicial first class magistrate court, no- v, kozhikode against the second respondent alleging domestic crl.m.c.no.1023 of 2014 :2. .....

S. Vijaya Kumar Vs. Divya, D/O.Lathakumari

Court : Kerala

..... the order under challenge was passed by the magistrate under sec.23(1) of the protection of women from domestic violence act, 2005 (for short 'the act').2. ..... the 1st respondent sought for an interim direction, prohibiting the commission of any domestic violence against them, protection orders, residence orders and interim maintenance @ rs.15,000/- per month. ..... after considering the averments in the affidavit, the learned magistrate directed the revision petitioner not to commit any acts of domestic violence and to provide monthly maintenance allowance of rs.5,000/- to the 1st respondent. ..... in view of the fact that the legislation itself is intended to provide protection to the rights of women, who are victims of violence of any kind of occurrence within the family. ..... crl.r.p.no.2054 of 2013 4 therefore, the learned magistrate is justified in granting an interim order against domestic violence also. ..... however, the learned magistrate is directed to dispose of the case after trial within a period of three months from today. .....

Salim Vs. State of Kerala

Court : Kerala

..... the petitioners shall not in any way violate the conditions of the orders passed under the provisions of the protection of women from domestic violence act, 2005, so long as such b.a.7175/14 - :4. ..... 31 of the protection of women from domestic violence act, 2005 and that all the other offences are bailable offences ..... 2014 order the petitioners herein are accused nos.1, 3 and 4 in crime no.686/2014 of alathur police station for offences under sections 341, 323, 29 (b) and 506 (i) read with section 34 ipc and section 31 of the protection of women from domestic violence act, 2005. ..... case such an application is filed, the trial court or the jurisdictional magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this court in the case asok kumar v. ..... like amount to the satisfaction of the investigating officer in the above crime and subject to the following conditions: (i) the petitioners shall surrender their passports, if any, before the jurisdictional magistrate concerned within 3 days from the execution of the bail bond before the investigating officer b.a.7175/14 - :3. ..... and after taking into consideration the totality of the facts and circumstances of the case, i am inclined to hold that anticipatory bail in this case can be granted to the petitioners subject to incorporation of sufficient conditions in order to protect the interest of the prosecution. .....

Salil David Cheeran Vs. Sheenapaul

Court : Kerala

..... learned counsel appearing for first respondent contended that the present proceedings under domestic violence act is a separate one and the relief sought as per protection of women from domestic violence act 2005 is not yet granted and adjudication is pending. ..... the first respondent filed the above case under section 12 of protection women from domestic violence act 2005 against the petitioners claiming different reliefs. ..... before filing annexure i complaint, first respondent had preferred o.p.no.893 of 2007 under section 10(1)(x) of indian divorce act for dissolution of marriage and o.p.no.155 of 2008 for return of gold ornaments before family court, kozhikode. ..... the marriage between the first petitioner and first respondent was solemnized on 30.12.2005 at csi cathedral, kozhikode and a child was born in the wedlock. ..... the first petitioner filed o.p.no.18 of 2008 for restitution of conjugal rights under section 13 of divorce act. .....

Jose Vs. State of Kerala

Court : Kerala

..... : the records and from the documents produced by the petitioner himself that the second respondent has filed a complaint before the judicial first class magistrate court, adimaly claiming reliefs under the provisions of the protection of women from domestic violence act, 2005 and interim protection order was passed under section 19 of the act restraining the petitioner herein from committing any act of violence against the de facto complainant who is the second ..... petitioner had violated that order by inflicting bodily injury to the second respondent, second respondent filed a complaint under section 31 of the domestic violence act and that was forwarded to the police by the learned magistrate and in respect of the same annexure a5 first information report was registered as crime no.652/13 under section 31 of the domestic violence act, 2005 of admilay police station. ..... there is no illegality in the police registering the case under the provisions of domestic violence act on the basis of a complaint filed by the second respondent before the concerned magistrate court which was forwarded to the police for investigation under section 156(3) of code of ..... the provisions of the indian penal code and other under the provisions of the domestic violence act. ..... : information report registered for taking action for violating the interim protection order given to the aggrieved person in that matter who is the second respondent herein is also for the same offence for which annexure a2 crime .....