Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: rajasthan Page 1 of about 25 results (0.144 seconds)

Ramniwas Vs. Smt. Seema

Court : Rajasthan

..... seema filed an application in the trial court under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') along with an application for interim maintenance under section 23(2) of the act. ..... courts below for awarding interim maintenance in favour of respondent and after considering the same, i find that both the courts below have assigned cogent reasons for allowing the application under section 23(2) of the act. .....

Dhanraj Vs. Smt.Kavita

Court : Rajasthan

..... submission of learned counsel for petitioner is that respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (for short act of 2005), which was dismissed by judicial magistrate, ramgunjmandi, kota vide its order dated 15th december, 2007, therefore, respondent was not entitled for any maintenance ..... it is submitted that maintenance could have been granted under section 12 of the act of 2005 also, but since her application was dismissed, therefore, court below committed an illegality in allowing the application under section 125 crpc. 4 ..... both the proceedings are separate and separate evidence was recorded in both the cases, therefore, even if, application under section 12 of the act was dismissed, the same cannot be a ground to reject the application under section 125 crpc. 6. ..... the course of arguments, learned counsel for petitioner admits that both the proceedings are separate proceedings, separate evidence was recorded in both the cases, no amount of maintenance was awarded under section 12 of the act of 2005. 5. ..... case no.650/2005, whereby an application filed by respondent/ wife under section 125 crpc for grant of maintenance was allowed and non-applicant/petitioner/husband was directed to pay a sum of rs.1500/- per month towards maintenance to wife with effect from 1st march, 2008. ..... from the order dated 15th december, 2007, it is clear that a reference was given of present application under section 125 crpc for grant of .....

Sarita (Smt.) Vs. Smt. Umrao

Court : Rajasthan

Reported in : 2008(1)WLN359

..... magistrate as well as the appellate court held that as per provisions of section 2(q) of the protection of women from domestic violence act, 2005, only a male person could be treated as respondent, thus smt. ..... proceedings against the respondents under the protection of women from domestic violence act, 2005 by not treating them as 'respondents' being women. ..... the contention of counsel for the petitioner, while giving challenge to the orders impugned, is that the courts below while withdrawing proceedings against the respondents failed to appreciate that proviso to section 2(q) of the act of 2005 in most unambiguous term prescribes that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner and in the instant ..... ' as defined under section 2(q) of the act of 2005 reads as follows:'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. ..... from a plain reading of the proviso to section 2(q) of the act of 2005, it is apparent that a complaint by a wife or a female living in relationship in the nature of marriage may also file a complaint against a relative of ..... quashed to the extent they relate to withdraw proceedings under the act of 2005 against smt. ..... kumari gayatri being female cannot be a party to the proceedings as 'respondents' under the act of 2005.3. .....

Vijay Singh and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2009(2)WLN160

..... it is contended by learned counsel for the petitioners that firstly as per section 2 (q) of the protection of women from domestic violence act, 2005 (for short 'the act of 2005 hereinafter), the female petitioners cannot be made respondent in a proceeding initiated by respondent no. ..... the expression 'respondent' has been defined in section 2 (q) of the act of 2005 which provides that the 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: provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner.5 ..... 5 ratan kanwar are concerned, they being female members, therefore, keeping in view the definition of respondent in section 2 (q) of the act of 2005, the proceeding against them may be quashed, but so far as the petitioners no. ..... 2 under the act of 2005 at bheem is not maintainable.4 ..... priyanka kanwar under the provisions of the act of 2005 is quashed. ..... be, within the local limits of which-(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or(b) the respondent resides or carries on business or is employed; or(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. ..... kanwar under the act of 2005. .....

Nishi Gupta (Dr.) Vs. Dr. Rahul Gupta

Court : Rajasthan

Reported in : RLW2009(2)Raj1091

..... rahul gupta filed an application before trial court under the provisions of protection of women from domestic violence act, 2005 (for short 'the act of 2005') for handing over custody of his son anmol gupta on each and every sunday from 8:00 am to 8:00 pm so that he along-with his parents can give love and affection to anmol gupta. ..... the words 'aggrieved person' are defined in section 2(ka) of the act of 2005, which run as under:2 (ka) '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.6. ..... the act of 2005 also provides the definition of 'respondent' which is reproduced as under:2(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;provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partners.7. ..... rahul gupta under the act of 2005, which is affirmed in question asked for from mr. ..... jain, counsel appearing for the petitioner submit that judgment passed by appellate court dated 3.6.2008.is illegal, erroneous and against the act of 2005 and cannot be sustained in the eye of law. ..... ranjan, advocate straightforward answered that 'such type of application under the act of 2005 is not maintainable.'9. mr. .....

Smt.Sabana @ Chand Bai and anr Vs. Mohd.Talib Ali and anr

Court : Rajasthan Jodhpur

..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman who despite ..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected.18. ..... for the reasons given in the preceding paragraphs, i am of the considered view that a petition under the provisions of the protection of women from domestic violence act, 2005 is maintainable even if the acts of the domestic violence have been committed prior to coming into force of the act or despite her having in the past lived together with the respondent a shared household woman is no more living with him, at the time of coming into force of the act. .....

Payal Sancheti (Smt.) and anr. Vs. Harshvardhan Sancheti

Court : Rajasthan

Reported in : RLW2009(1)Raj431

..... protection of women from domestic violence act, 2005, which was also considered, and it was held, that the house in question cannot be said to be a 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 ..... from the averments it transpires, that the claim is based on the protection of women from domestic violence act, apart from the fact, that she could take proceedings under section 18 of the hindu adoptions and maintenance act ..... protection of women from domestic violence act is concerned, we are not called upon to adjudicate here, and embark upon her right under that act, lest it may prejudice the proceedings, which are already pending before the competent court, having been initiated under that act ..... the plaintiff, 'and apprehending danger to her life, particularly in the background of the fact, that his first wife had committed suicide, she called her parents from pune, with whom she went to pune, and after she realised, that she was a burden on her parent's family, she decided to come down to bombay ..... the act were considered, and the contentions pressed into service were turned down, and regarding her right tor protection under ..... from a reading of that judgment it is clear, that there were factual controversies involved, which effected the applicability of section 17(1) and 18(1) of the limitation act, and was not a case, where the suit was ex-facie barred, so as to attract the provisions of section 3 of the limitation act .....

Anwar Vs. Mrs. Shamim Bano and Another

Court : Rajasthan

Reported in : 2012CrLJ2552

..... 04/08 wherein the same relief has been sought by the non-petitioners by way of application under sections 12, 22, 23, 23(2) of the protection of women from domestic violence act, 2005 whereas the application for interim maintenance under section 125 cr.p.c. ..... thereafter the respondents filed application for interim maintenance under section 12 of the protection of women from domestic violence act, 2005 before the court of judicial magistrate no.4 kota. ..... despite passing of the order by the family court granting maintenance to the child, the respondent no.1 also avail the remedy of filing application under section 12 of the protection of women from domestic violence act, 2005. ..... this talaqnama is still to be proved by the petitioner in the appropriate court of law as per muslim law and if interim maintenance is granted to the respondent under the protection of women from domestic violence act, the same cannot be said to be illegal or perverse as the respondent no.1 is entitled to receive interim maintenance in view of the judgments of the apex court. 10. ..... if the divorced muslim lady unable to maintain herself, she can claim under section 3 of the muslim women (protection of rights on divorce) act, 1986 during iddat period and under section 4 of the act a divorce muslim lady is entitled for maintenance after iddat period. ..... under the muslim women (protection of rights on divorce )act. .....

Dr. Rajneesh Rajpurohit Vs. Savita and anr.

Court : Rajasthan

Reported in : AIR2008Raj119

..... in spite of making laws for women's empowerment, by making laws, the law of maintenance for women is not only as it was but some more rights have been given to the women under the protection of women from domestic violence act, 2005. ..... i need not to give any catalogue of law enacted for protection of rights of women and in relation to the dispute which may arise out of matrimonial relation (and now, even without having matrimonial lawful relation - see the protection of women from domestic violence act, 2005),21. ..... by several amendments radical changes have been made in hindu personal law which gave several rights to the hindu women including conversion of their limited right to property into full ownership right and now share in the ancestral property by amendment in section 6 of the hindu succession (amendment) act, 2005 by which hindu daughter has been placed at par with hindu son to inherent even coparcenary and ancestral properties. ..... on 9-1-2006, stating therein that section 6 of the hindu succession act, 1956 has been amended with effect from 9-9-2005 and by said amendment, a daughter also has become coparcener and, therefore, became entitled to share in the ancestral property equal to son and section 25 of the hindu marriage act provides that before granting maintenance under section 25, the court should look into 'other property of the applicant' and 'conduct of parties as well as other circumstance of the case. .....

Gordhan Khinchi. Vs. State of Rajasthan.

Court : Rajasthan Jaipur

..... contention of learned counsel for petitioner is that there was a matrimonial dispute between petitioner and deceased for offence under section 12 of the protection of women from domestic violence act, 2005, which was filed at the instance of deceased. 2. .....