Court : Kerala
..... it is an admitted fact that petitioner filed a complaint under section 12 of the protection of women from domestic violence act, 2005 seeking reliefs under that act in the year 2010, and it was taken on file by the learned magistrate as m.c.no.6/10. ..... it is alleged in the petition that petitioner has filed m.c.no.6/10 against the respondents as aggrieved person under section 12 of the protection of women from domestic violence act, 2005 seeking relief under that act. ..... the above said case has been filed by the petitioner named jubairiya against her husband and family members under section 12 of protection or woman from domestic violence act.3. ..... the above act itself has been enacted to provide speedy summary remedy to helpless women who suffer domestic violence in their matrimonial o.p. ..... considering the nature of relief claimed in the petition, this court felt that the petition can be disposed of at the admission stage itself after calling a report from the concerned magistrate court regarding the reason for the delay and dispensing with notice to the respondents. ..... further, section 12 (5) of the act states that magistrate shall endeavour to dispose of every application made under sub section (1) within a period of 60 days from the date of first hearing. .....
Tag this Judgment!Court : Kerala
..... the husband received notice in c.m.p.no.298 of 2012 filed by the wife for a protection order and a residence order under the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as `pwdv act'). ..... rights guaranteed under articles 14, 15 and 21 of the constitution, the pwdv act was enacted to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. 7. ..... the domestic violence act provides for a higher right in ..... recommendations of the united nations committee on convention and elimination of all forms of discrimination against women (cedaw), and being aware that the civil laws of the land do not address the phenomenon of domestic violence in its entirety, the parliament enacted the pwdv act. ..... the parliament thought that domestic violence is undoubtedly a human rights issue and ..... arises as to the right of the wife in the shared household, normally, the courts would be reluctant to grant an injunction restraining the wife from entering into the house (the shared household) unless it is established that there is no domestic relationship or that the house in question is not a shared household. ..... sub section (1) of section 17 of the pwdv act provides that notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial .....
Tag this Judgment!Court : Kerala
..... of the relevant provisions of the protection of women from domestic violence act, 2005 (for short the dva) ..... paragraph-9: this provision is a measure of social justice and specifically enacted to protect women and children and falls within the constitutional sweep of art.15(3) reinforced by art.39. ..... the socialist legislature flowing in favour of the deprived section of feminine humanity who are unable to find a saviour to give them comfort, protection and dignity of life consequent to the unfortunate termination of their matrimony and their inability to get settled in their life thereafter by re-marriage ..... considered opinion, as has been held by this court in chand dhawans case (supra), the expression used in the opening part of section 25 enabling the court exercising jurisdiction under the act at the time of passing any decree or at any time subsequent thereto to grant alimony or maintenance cannot be restricted only to, as contended, decree of judicial separation under section 10 ..... favour of such wives of terminated marriages who remain unmarried found expression in the expansive inclusion of certain categories of women within the protective sweep of sec.125 cr.p.c. ..... stem or emanate from such a marriage which is annulled under sec.12 of the hindu marriage act, contends counsel. ..... inferred from long cohabitation of parties and acts of ..... 2005 sc 422) that the wife in an annulled marriage is also entitled for permanent alimony and maintenance under sec.25 of the hindu marriage act .....
Tag this Judgment!Court : Kerala
..... 3001/2013 under section17of the protection of women from domestic violence act, 2005. ..... 3002/2013 under section18of the protection of women from domestic violence act, 2005. ..... 3003/2013 under section19of the protection of women from domestic violence act, 2005. .....
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..... the first respondent herein, as aggrieved person under section 12 of the protection of women from domestic violence act, 2005, claiming reliefs under sections 18, 19, 20 and 22 of the act. ..... complaint was filed under section 12 of the protection of women from domestic violence act, first respondent was the wife of the ..... /- to the aggrieved person being the amount received by him from the aggrieved person and directed to pay rs.1,00,000/- to the aggrieved person as compensation for the mental and physical torture meted by her at the instance of the respondent and restrained him from committing any act of crl.r.p.no.2490 of20132 domestic violence against the petitioner and the children and also to pay rs.1000 ..... /- to the first respondent and rs.1000/- each to the children can be fixed interim maintenance and if the revision petitioner deposits the arrears of maintenance at this rate as ordered by the court below from the date of petition namely, 19.11.2011, he can be given an opportunity to meet the case on merit if the arrears of maintenance is paid within two months at the above rate, then the ..... first respondent herein as pw1 an exparte order was passed directing the revision petitioner herein, to pay maintenance @ rs.3000/- to the aggrieved person and rs.2000/- each to the children from the date of petition namely, 19.11.2011 and the revision petitioner is directed to return 50 sovereigns of gold ornaments or its present value within two months and directed to pay rs.3,50,000 .....
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..... ---------------------------------------- dated this the 28th day of january, 2013 order the respondents in c.m.p.no.1129 of 2011 in crl.m.p.no.238 of 2010 on the file of the judicial first class magistrate court-i, north paravur which is instituted under section 12 of the protection of women from domestic violence act, 2005 are the revision petitioners. ..... copy of the judgment in cra no.533 of 201.on the file of the additional sessions judge (adhoc 11 ernakulam dated 4 h day of january 2013 annexure a3.true copy of the application filed by the ist respondent under section 1 of the domestic violence act before the judicial first class magistrate court as cmp no.238 of 2010.annexure a4.true copy of the interim application filed under section 2 of the domestic violence act. ..... petitioners to approach the trial court to set aside the exparte order after convincing the said court by advancing whatever grounds or contentions and the evidence, if any, for the same especially when the above act has specifically mentioned about the duration and alteration of the orders and also empowers the court to pass interim and exparte orders. .....
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..... he is the respondent in a petition filed under sec.12 of the protection of women from domestic violence act, 2005 claiming maintenance allowance and other reliefs under sec.18 of the said act. ..... it can never be an interim order passed under sec.23 of the protection of women from domestic violence act. ..... but, it is seen that the appeal arises from an interim order seeking a direction to the revision petitioner to pay maintenance allowance to the 2nd respondent. .....
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..... the petitioner also states that she has filed m.c.no.34 of 2014 before the judicial first class magistrate court, irinjalakuda under protection of women from domestic violence act, 2005 and it is posted to 22.02.2014 for the appearance of the respondent.4. ..... taking note of the fact that the petitioner has also filed a case before the judicial first class magistrate court, tr.p.c.no.606 of 2013 3 irinjalakuda under the protection of women from domestic violence act, 2005, this court finds that it is appropriate to order transfer of o.p. ..... ) no.1223 of 2013 on the file of the family court, pathanamthitta is withdrawn from the said court and transferred to the family court, irinjalakuda. ..... she affirms that it is difficult for her to travel from irinjalakuda to pathanamthitta to attend the case at family tr.p.c.no.606 of 2013 2 court, pathanamthitta, which is 300 kms away on its each posting. .....
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..... a5 certified copy of petition u/s.23(2)of the protection of women from domestic violence act,2005 a6 a true copy of the order datred 18 4.2013 a7 true copy of the counter affidavit dated 13 5.2013. ..... grievance of the petitioners, who are counter petitioners in m.c.no.7 of 2013 on the file of the judicial first class magistrate court-ii, attingal, is that, after passing annexure-6 order dated 18/4/2013 in a proceeding initiated under the provisions of the protection of women from domestic violence act, the petitioners are not permitted to visit their aged mother who is bed ridden and the learned magistrate has not considered their annexure-7 counter affidavit dated 13/5/2013 and no order is passed varying the ..... from annexure-a7 counter affidavit particularly in view of the statement contained in paragraph 7, the petitioners have no objection in allowing the aggrieved person, in the above m.c. .....
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..... that the offences involved in the above case are only under sections 341, 323, 498(a), 324 & 34 crl.m.c.nos.2854, 2855 & 2862 of 2013 :-5-: of ipc and section 31 of the protection of women from domestic violence act, 2005 which are more or less personal in nature and no public interest is involved. ..... the very same wife initiated proceedings under protection of women from domestic violence act alleging that the accused, who are the husband and his mother committed offence punishable under section 31 of protection of the above act, crime no.79 of 2010 has also been registered in the kodanad police station and on the basis of the report therein c.c.no.504 of 2010 is also instituted ..... case on hand subsequent to the filing of the criminal complaint under sections 498a and 406 of ipc and sections 3 and 4 of the dowry prohibition act, 1961, with the help and intervention of family members, friends and well-wishers, the parties concerned have amicably settled their differences and executed a compromise/ ..... and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial,mercandile, civil, partnership or such like transactions or the offences arising out of matrimony relating ..... the learned counsel for the 1st respondent who on the basis of specific instruction received from the respondent submitted that the above respondent, who is the de facto complainant does not intend to proceed any further against the .....
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