Court : Kerala
..... petitioners, who are respondent no.1 to 3 in m.c.no.65 of 2013 of the judicial first class magistrate court, pattambi which is a case instituted under section 12 of the protection of women from domestic violence act, 2005, with a prayer to quash annexure-1, m.c.no.65 of 2013 on the files of judicial first class magistrate court, pattambi as the matter is settled out of court.2. ..... the 1st petitioner assaulted the father and the brother of the 2nd respondent and according to the petitioners, they approach the court below by filing m.c.no.65 of 2013 under section 12 of the protection of women from domestic violence act, 2005. ..... in the 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/settlement. ..... overwhelmingly 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 to dowry ..... the learned counsel for the second respondent who on the basis of specific instruction received from the respondent submitted that the above respondent, who is the aggrieved person does not intend to proceed any further against the petitioners and .....
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..... ).no.3898 of 2013 2 before the judicial first class magistrate court, kothamangalam, under section 12 of protection of women from domestic violence act, 2005, against the first respondent and obtained impugned orders, after filing collusive compromise from court, without arraying the petitioner as a party. ..... ).no.3898 of 2013 5 necessary party to the proceedings pending between respondents 1 and 2 under the provisions of protection of women from domestic violence act, 2005. ..... 3898 of 2013 (q) ------------------------------------------- appendix petitioner(s)' exhibits: --------------------------------------- exhibit p1 : true copy of the letter from jeevakarunya bhavan dt.5-10-2013. ..... it is alleged in the petition that, she is aged 78 years and suffering from several ailments. ..... so it is clear from this that she has admitted the execution of document in favour of her son, in respect of her right in the property. .....
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..... the petitioner has instituted proceedings before the additional chief judicial magistrate court, thiruvananthapuram under the protection of women from domestic violence act, 2005 and that is pending. ..... the petitioner has instituted m.c.no.5/2014 before the additional chief judicial magistrate court, thiruvananthapuram seeking relief under the protection of women from domestic violence act, 2005. ..... it is also pointed out that he is being threatened by the petitioner and her relatives and their attempt is to prevent the respondent from attending the case in the family court, ernakulam. ..... it is very sad to know that the relationship has become so bitter which is evident from the accusation levelled against each parties and as revealed from the records produced before t.p. ..... order this is a petition filed under section 24 of the code of civil procedure seeking transfer of o.p.no.1780/2014 from family court, ernakulam to family court, thiruvananthapuram.2. ..... she can seek exemption from personal appearance.9. ..... ashok kishinchand sadhwani (air2009sc1374 and contended that the consistent stand taken by courts is that the petition by the wife would be viewed with leniency since in all the posting dates wife cannot seek exemption from appearance. .....
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..... in this petition under section 482 of the code of criminal procedure, the respondent in m.c.no.323/2011 on the file of the judicial magistrate of the 1st class, parappanangadi, a petition under section 12 of the protection of women from domestic violence act, 2005, seeks an order to quash all further proceedings in the above petition. ..... at para 5 the learned single judge held as follows: "it is not the form that has to be looked into in determining the reliefs canvassed under the act, but as to whether the allegations set out in such application make out a case for commencement of a proceeding under the act, which is intended to prevent domestic violence. .....
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..... learned counsel appearing for the wp(c).21001/14 2 third respondent also submits that though initially an order was passed by the magistrate under the protection of women from domestic violence act, 2005, on a revision filed by the petitioner, the same was remitted back to the learned magistrate and now the matter is pending before the magistrate for appropriate orders.3. ..... the third respondent has filed m.c.no.60 of 2013 against the petitioner under the protection of women from domestic violence act, 2005, which is pending before the chief judicial magistrate, thiruvananthapuram. ..... the petitioner as well as the third respondent has to obtain appropriate orders from the magistrate in the proceedings pending before the said authority.4. ..... but the police are now restraining him from residing in the said building along with his mother.2. ..... however, if any offence is committed, on a complaint from the parties, the police has to take action in accordance with law. ..... but, there is no reason for the police to restrain the petitioner from residing along with his mother. ..... the learned government pleader, on instructions, would submit that the petitioner was summoned to the police station on account of the complaint received from the third respondent. ..... ashok bhushan acting chief justice a.m.shaffique judge vgs4/11/14 .....
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..... all that the court below has now done is only to pass an interim order as envisaged under section 23(2) of the protection of women from domestic violence act, 2005, directing the petitioner to pay a sum of 7500/- per month as interim maintenance to the petitioner before the court below and her minor daughter. ..... the grievance of the petitioner is that as a retaliatory measure, his wife instituted a case under the domestic violence act and an interim order has been passed granting maintenance to his wife and the child.4. ..... it must be remembered that domestic violence act has been enacted in addition to the provisions contained in section 125 of cr.p.c. ..... according to the petitioner herein, he was always willing to maintain his wife and she used to go away from his house without informing him and she used to lead a questionable life. ..... further, it is not as if the petitioner is precluded from bringing the real facts before the court and establishing that crl.m.c. no. ..... the petitioner before this court would say that he had occasion to complain about the acts and conduct of his wife as is evidenced by annexure a7. ..... even assuming that the wife has her own means of income, that does not absolve the husband from maintaining his wife. .....
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..... was filed by the 1st respondent herein under section 12 of the protection of women from domestic violence act, 2005, praying reliefs under sections 18, 20 and 22. ..... the revision petitioner was apprehended from committing any act of domestic violence and he was directed to pay a sum of rs.3,000/- and rs.1,000/- respectively, towards maintenance of the 1st respondent and the child. ..... nothing stated as to the date of departure from the native place or the date of arrival to the native place. .....
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..... proceedings before the trial court is one under the protection of women from domestic violence act, 2005 (for short, "the act"). ..... as per annexure-a2, the petitioner was restrained from committing domestic violence and he was directed to pay `3,000/- per month to the applicants/contesting respondents as rent for alternative accommodation and also to pay `2,000/- to each of the applicants. ..... that petitioner has not made any substantial payment, the petition is disposed of with the following direction: learned sessions judge, kottayam shall consider the appeal on merit and dispose the same in one month from the date of receipt of this order. ..... annexure-a1 is the application filed under section 12 of the act claiming maintenance, inter alia, other reliefs. ..... as follows: "interim stay granted only with regard to the payment of maintenance that too on a condition that the petitioner will clear the entire arrears in four equal monthly installments with the first one to commence from 26.11.2012. .....
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..... the first respondent herein filed m.c.no.5 of 2010 in the court of the judicial first class magistrate-ii,haripad, under section 12 of the protection of women from domestic violence act,2005 and by the order dated 21.5.2011, the learned magistrate declined all her reliefs sought for except to pay the maintenance at the rate of `1500/- per month to her and also directed the first revision ..... it was also directed that the revision petitioner shall not commit domestic violence in any manner towards the respondent herein. ..... the first revision petitioner herein, who is the first counter petitioner before the trial crl.r.p.no.77 of 2013 :-2-: court, was directed to pay `2 lakhs, being value of the gold ornaments entrusted with him, within 60 days from the date of appellate court judgment, and is also directed to pay monthly maintenance at the rate of `3500/- to the first respondent ..... the evidence of pws.1 and 2 shows, as inferable from the judgment of the appellate court that at the time of marriage, there was an understanding to pay `3 lakhs to the revision petitioners ..... on 23.1.2010, till the date of the judgment and continue to pay at the same rate and further directed that the arrears should be paid within 30 days from the date of judgment of the appellate court. ..... , it was declared that the first respondent herein/the claimant/wife was crl.r.p.no.77 of 2013 :-8-: entitled to get monthly maintenance at the rate of `3500/- from the first revision petitioner from the date of petition i.e. .....
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..... 94/2013 of thannithode police station, pathananthitta district, registered for the offence punishable under section 31 of the protection of women from domestic violence act, 2005, for short, 'the pwdv act'. ..... protection order was passed by the magistrate in favour of his wife, petitioner in a proceeding under by the pwdv act, still he assaulted her and caused obstructions to her enjoyment of the shared household, is the allegation. .....
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