Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: madhya pradesh Page 1 of about 22 results (0.075 seconds)

Tehmina Qureshi Vs. Shazia Qureshi

Court : Madhya Pradesh

Reported in : 2010(1)MPHT133

..... nutshell giving rise to this petition are that respondent has filed one application under section 12 of protection of women from domestic violence act, 2005 (in brevity 'the act of 2005') against petitioner and others in the court of jmfc, gwalior. ..... it is well known that protection of women from domestic violence act, 2005 came into force from 26th october, 2006, vide ..... cannot be made respondents in proceedings under the protection of women from domestic violence act, 2005.8. ..... opposed the application and submitted that while disposing of the application under sub-section (1) of section 12 of the act of 2005, magistrate may on being satisfied that domestic violence has taken place, pass a residence orders vide section 19 of the act:(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing ..... the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the .....

Ajay Kant and ors. Vs. Smt. Alka Sharma

Court : Madhya Pradesh

Reported in : 2008CriLJ264; I(2008)DMC1; 2007(4)MPHT62; 2007(4)MPLJ193

..... 848/07, whereby the learned magistrate had issued notice to the petitioners on an application filed by the respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act').2. ..... parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate;(f) causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection order.section 31. ..... the magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from--(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved .....

Razzak Khan and ors. Vs. Shahnaz Khan

Court : Madhya Pradesh

Reported in : 2008(4)MPHT413

..... dated 29-9-2007 by learned jmfc jabalpur in proceeding under section 9(b), 37(2)(c) of protection of women from domestic violence act, 2005 (in short 'act 2005') whereby these revisions have been filed before this court.2. ..... -(a) 'aggrieved person' means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;(f) 'domestic relationship' means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption ..... or are family members living together as a joint family;(s) 'shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along ..... so, divorcee wife shahnaz khan in view of section 19(1)(f) of the 'act 2005' in the alternative husband ramzan khan is directed to secure same level of alternate accommodation for shahnaz khan as enjoyed by her in the shared house with the help of protection officer or he will pay rs. .....

Dr. Vijay Solanki Vs. the State of Madhya Pradesh Judgement Given B ...

Court : Madhya Pradesh

..... the import and the purpose for which the protection of women from domestic violence act 2005 has been initiated and the intention for incorporating section 498-a ipc has to ..... it is said that on receipt of the summons with regard to the aforesaid case, non applicant no.2 filed a police complaint under the protection of women domestic violence act vide annexure a/2 and a fir with the police station vide annexure a/3 on 16.6.2009 for offences under section 498a and 34 of ipc and police after investigation into the fir having ..... a/2 is taken note of, it would be seen that apart from the ingredients necessary for constituting an offence under section 498a, various other allegations are there in the matter which comes within the purview of the rules framed and offence contemplated under the domestic violence act, 2005. ..... therefore, clear that in the application and the complaint registered under the domestic violence act the allegations are different and allegation for offence under section 498a are different ..... the case are different and if the application filed by the non applicant under the domestic violence act i.e. ..... section 498a and another under the domestic violence act. ..... was filed after the proceeding under section 9 was initiated is concerned, the non applicant no.2 not only in her complaint but also in a statement recorded under section 161, apart from giving details of act committed against her, indicated reasons explaining her conduct in not making complaint at every point of time. .....

Rajaram Panwari and ors. Vs. Dr. Asha Panwari (Smt.) and ors.

Court : Madhya Pradesh

Reported in : 2010(1)MPHT383

..... 1 before the learned court below under the provisions of protection of women from domestic violence act, 2005, which shall be referred hereinafter as 'act', wherein various allegations were made against the petitioners. ..... 1336/2007, where the interim application filed by the respondents under section 12 of the protection of women from domestic violence act was allowed and the interim directions issued by learned trial court were further modified, present petition has been filed.2. ..... the protection of women from domestic violence act has come in force w.e.f. ..... parties jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate;(f) causing violence to the respondents, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection.12. ..... thus, section 18 of the act empowers the court to pass a protection order in favour of aggrieved person and prohibits the respondent from:(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;(e) alienating any assets; operating bank lockers or bank accounts used or held or .....

Madhusudan Bhardwaj and ors. Vs. Mamta Bhardwaj

Court : Madhya Pradesh

Reported in : 2009CriLJ3095

..... 5279/2007, whereby the learned magistrate has partly allowed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act') filed by respondent-mamta bhardwaj, the wife of the petitioner no. ..... in support, he has drawn attention at section 28 of the act and rule 6(5) of the protection of women from domestic violence rules, 2006(hereinafter referred to as the 'rules') and has submitted that the procedure for disposal of an application under section 125 of cr.p.c. ..... it is clear that the act has been enacted for safeguarding the rights of a woman guaranteed under the constitution and to provide protection against her victimization from domestic violence, interpretation of the provisions keeping this pious principle in mind is required . ..... - the magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from-(a)to(g)....section 28. ..... as argued, it is true that the opening words of the section 18 are that- 'the magistrate may, after giving the aggrieved person and respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place pass a protection order in favour of the aggrieved person and prohibit the respondent from...'. .....

SirajuddIn Khan @ Siraj Vs. Dr. Shahnaz Firdous

Court : Madhya Pradesh

..... judgment /01/2013 this petition has been preferred under section 482 of code of criminal procedure, 1973 (in short cr.p.c) seeking relief of quashment of proceedings pending in the court of jmfc, jabalpur as mj.no.30/2009 under the protection of women from domestic violence act, 2005 ( in short act of 2005) on the basis of 2 m.cr.c.no.10341/2011 complaint of respondent. ..... in view of the clear provisions under the act of 2005 itself, it cannot be said to be an instance of double jeopardy if different cases like trial of offence under section 498a ipc, matter of award of maintenance under section 125 cr.p.c and case of domestic violence act, 2005 are going together simultaneously between the couple in respective ..... section 31 of the act of 2005 magistrate may also frame charges under section 498a ipc or any other provision of that code or the dowry prohibition act, if sufficient material has come on record in case of domestic violence act. ..... all facts and circumstances of the case into consideration, it is revealed that application of domestic violence act was filed subsequent to the lodging of fir under section 498a ipc against the petitioners.domestic violence act provides an alternative remedy for seeking compensation etc in addition to the existing provision. ..... contra it is submitted by learned counsel for respondent that section 3 of act of 2005 is very exhaustive and covers so many instances of domestic violence, which are not in purview of the 3 m.cr.c.no.10341/2011 section 498a .....

Sunil @ Sonu Vs. Sarita Chawla (Smt.)

Court : Madhya Pradesh

Reported in : 2009(5)MPHT319

..... short facts of the case are that the respondent filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (no. ..... is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.learned counsel submits that similarly the word protection order has been defined under sub-section (o) of section 2 as under:(o) 'protection order' means an order made in terms of section 18.learned counsel submits that since no protection order has been passed by the learned court below, whereby the petitioners have been prohibited from committing any act of domestic violence, therefore, prosecution ..... in sub-section (q) of section 2 of the act, which reads as under:(q) 'respondent' means any adult male person who is, or has been in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act.learned counsel submits that the protection order can be passed under section 18 of the act, which empowers a magistrate to pass a protection order in favour of the aggrieved person and prohibit the respondent for committing any act of domestic violence. ..... section 18 of the act empowers the court for passing a protection order against a respondent, who commits any act of domestic violence. ..... in the complaint it was prayed that petition filed by the respondent be allowed and the petitioners be restrained from causing domestic violence. .....

Shiv Kumar Trivedi Vs. Smt. Uma Trivedi

Court : Madhya Pradesh

..... the brief facts relating to the present revision are that the respondent uma trivedi has moved an application under sections 12, 18, 19 and 20 of the protection of women from domestic violence act, 2005 (hereinafter referred to as act, 2005 .). it 2 cr.r. ..... no.1517 of 2011 which comes under the overt-act of domestic violence .. ..... the learned jmfc bhopal after considering the entire evidence adduced by the parties accepted the application of the respondent uma trivedi and a relief was granted under section 19 of the act, 2005 that the applicant shall keep one room for his residence and he would handover the entire possession of the remaining house of the respondent and he would 3 cr.r. ..... under such circumstances, the relief which was granted by the learned jmfc, bhopal under section 19 of the act, 2005 should have been granted for the entire house.7. ..... also a relief was granted under section 20 of the act, 2005 that a compensation of rs.5,000/- be paid to the respondent uma trivedi. .....

Harmeet Singh Vs. Smt.Gurusharan Kaur

Court : Madhya Pradesh

..... learned counsel for the petitioners has submitted that complainant has filed a complaint for the offence punishable under section 498-a of ipc and under the provisions of protection of women from domestic violence act, 2005. ..... in the absence of copies of whole of the record and further considering the fact that complainant has already filed a case under provision of protection of women from domestic violence act, the judgment cited by the learned counsel for the petitioners has no relevance at this stage. ..... learned counsel for the respondent has submitted that for an offence punishable under domestic violence act, a complaint can be filed where the complainant (wife) is residing. .....