Court : Kerala
..... /2012 ~~~~~~~~~~~~~~~~~~~~~~~~~~ dated this the 3rd day of january, 2013 order this criminal miscellaneous case is filed by the petitioners who are arrayed as respondents in a proceedings initiated by the first respondent herein under the provisions of the protection of women from domestic violence act, 2005. ..... it is not necessary to go into the details of the complaint as it is clear from the pleadings that what is objected to by the petitioners is the filing of a petition as per annexure-a6 by the first respondent claiming to send her for a medical examination.2. ..... the first respondent, who is the daughter of the first petitioner has invoked the provisions of the said act by filing annexure-i complaint. ..... my attention was invited to section 136 of the evidence act. .....
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..... the second respondent's learned counsel says that her client may pursue remedies available under other statutes, including the protection of women from domestic violence act, 2005. ..... it is submitted on behalf of the second respondent, who is the wife of the petitioner, that during the pendency of the writ petition she has been ousted from the residence. .....
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..... the petitioner has filed m.c.no.93 of 2012 in the court of the chief judicial magistrate, kalpetta under the provisions of protection of women from domestic violence act, 2005 seeking protection orders and the said case is pending. ..... in such circumstances, accepting the uncontroverted averments in the transfer petition, i allow the transfer petition and transfer o.a.no.547 of 2012 from family court, kozhikode to family court, wayanad for trial and disposal. ..... in this transfer petition the petitioner prays for transfer of o.a.no.547 of 2012 from family court, kozhikode to family court, wayanad.2. ..... from kottathara to kozhikode, that the respondent is not paying any amount towards maintenance to her and in such circumstances unless o.a.no.547 tr.p(c)no.195/2013 -:2:- of 2012 is transferred from family court, kozhikode to wayanad she will be put to serious inconvenience. .....
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..... at any rate, the counsel for the respondent himself submitted before the court that subject to her rights under the protection of women from domestic violence act, 2005, the respondent will not be enforcing the aforesaid right in any manner against the appellant. ..... further, it is also in evidence that parties had entered into an agreement on 11/2/2005, whereby, according to the appellant, the respondent had agreed to assign her share over the property to the appellant on his paying her an amount of `1,15,000/-. ..... he also contended that there was no income from the property and that he did not intend to commit any waste therein. ..... the petitioner is also allowed a permanent prohibitory injunction restraining the respondent from committing any waste in the property. ..... it is on the basis that half right of the property belongs to the respondent that she claimed partition, mesne profits and injunction restraining the appellant from committing waste in the property.5. .....
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..... the same is one filed under section 12 of the protection of women from domestic violence act, 2005. ..... therefore if the mediation does not succeed, there will be a direction to dispose of the matter expeditiously, at any rate, within a period of two months from the crl.m.c.no.3733/2012 -2- date of receipt of a copy of this order. ..... this court had called for a report from the court concerned. .....
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..... 12 of the protection of women from domestic violence act, 2005 on the file of the judicial first class magistrate , claiming various reliefs. ..... 42/2014 as expeditiously as possible and dispose of the same within three months from the date of producing copy o this order before the appellate court. ..... anitha kumari, aged30years sreenivasan, peroor veedu, kanichanalloor muri cheppad village, from kottarathil veedu, melpadam muri veeyapuram village, alappuzha-690514.2. ..... 4,00/- per month from the first respondent made absolute and first respondent is directed to pay interim maintenance at that rate to the second petitioner from 21-6-2013".2. ..... 2) respondents are restrained from alienating 36 = cents of property in re-survey no. ..... respondents are restrained from causing any physical and mental torture to the petitioners. .....
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..... 12 of the protection of women from domestic violence act, 2005 on the file of the judicial first class magistrate , claiming various reliefs. ..... 42/2014 as expeditiously as possible and dispose of the same within three months from the date of producing copy o this order before the appellate court. ..... anitha kumari, aged30years sreenivasan, peroor veedu, kanichanalloor muri cheppad village, from kottarathil veedu, melpadam muri veeyapuram village, alappuzha-690514.2. ..... 4,00/- per month from the first respondent made absolute and first respondent is directed to pay interim maintenance at that rate to the second petitioner from 21-6-2013".2. ..... 2) respondents are restrained from alienating 36 = cents of property in re-survey no. ..... respondents are restrained from causing any physical and mental torture to the petitioners. .....
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..... the said proceeding brought under section 12 of the protection of women from domestic violence act, 2005 (for short, 'd.v.act') was disposed of by the learned magistrate on 30.11.2012, granting protection order, and also maintenance order. ..... in the result, this original petition is disposed of as follows: a) the learned magistrate will anxiously consider ext.p15 application brought by the petitioner under section 25(2) of the d.v.act, make an enquiry, record evidence therein, and take appropriate judicious decision within a period of three months. ..... any way, he later filed an application before the learned magistrate under section 25(2) of the d.v.act as c.m.p.no.2257/2015, for cancellation of the order on the basis of material change in the circumstances. ..... in this petition brought under article 227 of the constitution of india, the petitioner, who is the respondent in the d.v.act proceedings, seeks orders directing the learned magistrate to dispose of his application under section 25(2) of the d.v.act, without any delay, and also directing the court below to set aside ext.p.14 order, in execution of which, he was removed from the premises.2. ..... c) the petitioner's contention that he stands not actually evicted from the premises will also have to be seriously considered by the learned magistrate in the process of taking decision. sd/- p. ..... the prayer, for an order to remove the petitioner herein from the shared household was disallowed by the learned magistrate. .....
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..... chief judicial magistrate of thiruvananthapuram under the protection of women from domestic violence act, 2005 and therefore, as no prejudice or inconvenience will be caused to the respondent who had instituted the case in the family court, thiruvananthapuram itself, the case now pending before family court, nedumangad may be transferred to family court, ..... .shajin s.hameed, learned counsel appearing for the respondent opposed the application and contended that family court, nedumangad is nearer to vattiyoorkkavu than family court, thiruvananthapuram and therefore, there is no reason to transfer the case from family court, nedumangad to family court, thiruvananthapuram.4. ..... in this transfer petition, the petitioner prays for transfer of o.p.no.1224 of 2012 from family court, nedumangad to family court, thiruvananthapuram.2. ..... 140 of 2013 () --------------------------- op no.1224/2012 of the family court, nadumangadu petitioner(s): -------------- swapna j.nair, d/o.s.jarardhanan nair presently residing at tc.16/1599, mullassery house kochar road, jagathy, thiruvananthapuram from tc.33/1599, java nivas, kuruvikkadu vattiyoorkkavu p.o. ..... the respondent thereupon filed o.p.no.575 of 2012 before the family court, thiruvananthapuram under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights. .....
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..... the first respondent who is the wife of the petitioner lodged complaint before the magistrate court under section 12 of the protection of women from domestic violence act, 2005 claiming relief under sections 18,19,20 and 22 of the act.2. ..... (crl) is disposed of, directing the judicial first class magistrate court -i, attingal to consider exts.p6,p7 and p8 petitions, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of the judgment, on condition that the petitioner shall deposit rs.1 lakh within a period of two months from today before the court below. ..... the petitioner shall submit a copy of the judgment before the court below within a period of one week from today. .....
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