Court : Kerala
..... an order was passed by the learned magistrate under the provisions of protection of women from domestic violence act, 2005, directing the petitioner, who is the husband of the 2nd respondent, to pay monthly maintenance at the rate of rs.4,500/- to the 2nd respondent and rs.2,000/- to her child.2. .....
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..... petitioner is the husband of one rajeena and the father of one shehanas and siraj, who are the petitioners in m.c.no.208 of 2010, which is a proceeding instituted under section 12 of the protection of women from domestic violence act, 2005, wherein the reliefs sought for are under sections 18, 19 and 20 of the act. ..... as to interfere with the concurrent finding of the trial court as well as the appellate court, especially when the appellate court has observed that the petitioner can approach the trial court under section 19(f) of the domestic violence act, if the circumstances so demand. ..... the entire evidence and materials on record, the trial court allowed the application and accordingly, the sole respondent, who is the revision petitioner herein, is restrained from harassing the petitioners either physically or emotionally and the respondent is further restrained from alienating the property as per ext.d1 by including the shared household namely 'siraj mahal'. ..... the trial of the case, pws.1 to 4 were examined from the side of the applicants and exts.p1 to p9 were marked and from the side of the respondent, though no crl.r.p.no.36/2013 :2 ..... from the above discussion and materials on records referred to above, it can be seen that, the lower appellate court has observed that, the appellant/petitioner can approach the trial court under section 19(f) of the act, if the circumstances change and crl.r.p.no.36/ ..... respondent is restrained from evicting the petitioners from the shared household. .....
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..... apart from the same, m.c.no.2/2008 was filed against the petitioner and others under section 12 of protection of women from domestic violence act, 2005 and she has also sought for divorce by filing o.p.no.729/2008 before the family court, kozhikode. ..... i.a.no.1245/2011 in o.p.no.729/2008 is a joint petition filed under section 13b of the hindu marriage act mutually agreeing to dissolve the marriage before the family court, kozhikode and the court dissolved the marriage by order dated 30/06/2011.3. .....
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..... the petitioner has also filed m.c.no.9 of 2013 on the file of the court of the judicial magistrate of first class - ii, thiruvananthapuram under the protection of women from domestic violence act, 2005. ..... in this transfer petition, the petitioner prays for transfer of o.p.no.1809 of 2012 from family court, ernakulam to family court, thiruvananthapuram.2. ..... the marriage between them was solemnized on 27.11.2005. .....
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..... they filed the above petition under section 12 of the protection of women from domestic violence act, 2005, (for short, 'the d.v.act'), claiming reliefs under section 20 of the said act. ..... coming to the compensation awarded for mental agony, it could be seen that going by the sequence of events from the very beginning, his conduct appears to be unsatisfactory and the evidence of p.w.1 shows that he married again and thereafter even now he is residing along with another woman. ..... according to the revision petitioner, on 30/5/07 the women commission ordered the revision petitioner to give an amount of `1,200/- towards maintenance and he has been paying that amount.4. ..... :- to substantiate the plea of talak from the part of the revision petitioner. ..... it was also contended that the provisions of the d.v.act came into force on 26.10.2006 only. ..... indisputably, they are entitled to get maintenance allowance from the revision petitioner. ..... so, they are not eligible to get maintenance allowance from the revision petitioner. ..... therefore, the act has no retrospective effect. ..... :- pronounced 'talaq' on 3.8.2005. ..... act.6. ..... act, and i reject that contention also. ..... act, i am of the opinion that, so long as the alleged claim of talak stands, not proved and cause of action for maintenance is a continuing one, there cannot be a challenge against the jurisdiction under the d.v. ..... act. ..... act. .....
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..... the animosity of the 1st respondent towards the petitioners arose in the proceedings with respect to interim custody of a minor child sought for in a case under the protection of women from domestic violence act, 2005 [for brevity "act of 2005"], according to the petitioners.3. ..... the animosity of the 1st respondent is said to have arisen in a proceeding under the act of 2005, wherein one lady working at scotland had approached the magistrate's court, inter alia with a petition under section 21 of the act for interim custody of a three year old child, who was in the custody of her in-laws ..... though on the filing date; the respondents were directed to produce the child and the passport on 14.08.2014, on the said date a lawyer from idukki is said to have appeared for the respondents and sought for an adjournment. ..... the cjm had perused the records of the case to find that there was no positive overt act alleged on accused 2 to 6 whose bail applications were dismissed on the same day. ..... when the matter was called on 14.08.2013, it is stated that a lawyer from wp(c).no.22597 of 2015 - 4 - idukki, where the minor child admittedly resided with the grandparents; appeared and without complying with the earlier order of the court, sought for a variation of the same ..... with respect to the allegations raised on the bail applications filed in crime no.495/14, the specific allegation is that the 1st respondent was favouring one particular advocate and acting with animosity towards the petitioners herein. .....
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..... it is alleged that the 3rd respondent has filed ext.p1 application under section 12 of the protection of women from domestic violence act, 2005. ..... it is alleged that respondents 1 and 2 are threatening the petitioner and his father and are interfering in the matrimonial dispute and directing them to act according to their directions. .....
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..... .ramesh babu, who is a police officer has been restrained by exhibit r3(j) and r3(k) orders passed by the judicial first class magistrate - ii, kanjirappilly under the provisions of the protection of women from domestic violence act, 2005. ..... the report that the second respondent appears to have obtained from the third respondent is to the effect that the petitioner has been residing in kozhikode district for the past 20 years in connection with her ..... exhibits r3(j) and r3(k) protection orders have been passed in favour of the sister- in-law of the ..... the said person is also restrained from creating any obstruction to the petitioner's sister- in-law in taking income from an item of property comprised in sy.no.318(318/46/a) block no.26 of -:8:- ..... as per exhibit r3(k), the said person has been restrained from entering house no.21, ward no.viii of the mundakayam gramapanchayat. ..... also notice that an enquiry has been conducted as evident from the statements obtained, produced as exhibits r3(a) to exhibit r3(e) ..... per exhibit r3(j), the right of the sister- in- law of the petitioner to reside in her matrimonial house has been protected. ..... 782 of 2013-w considered by the said authority, after obtaining a report from the secretary of the panchayat. ..... her appearance, the electoral registration officer who is the tahsildar, kanjirappilly required the petitioner to produce a residential certificate from the third respondent panchayat. ..... statements were obtained from the petitioner's mother as well as sister .....
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..... 68/2010 on the file of the judicial first class magistrate court-ii,kollam, which is an application filed under section 22 of protection of women from domestic violence act, 2005. ..... the petitioner also filed another petition dated under section 233 of the act for keeping the maintenance and minor child. ..... copy marked for references as annexure-a5 to a8 as expeditiously as possible at any rate within a period of two months from the date of copy of the order. .....
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..... the application was one under section 23 of the protection of women from domestic violence act, 2005 for maintenance at the rate of rs.10,000/- per month. 3. ..... the further contention was that the petitioner also earns rs.3,000/- per month from the landed property. ..... petitioner complains of cruelty at the hands of the inmates of the house of the first respondent and also alleged that she was being harassed asking her to get money from her house. .....
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