Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: rajasthan Page 2 of about 25 results (0.095 seconds)

Vidhya Soni Vs. Sanjay Kumar Soni

Court : Rajasthan Jodhpur

..... it is, inter alia, submitted in the petition that the petitioner has filed two criminal cases against the respondent under sections 498a and 406 ipc and a case under section 12 and 23 of the protection of women from domestic violence act, 2005 ('the domestic violence act') at jodhpur and, subsequent thereto, the present petition under section 13 of the hindu marriage act, 1955 ('the act') has been filed at family court, churu. ..... it is submitted by learned counsel for the respondent that the proceedings under the domestic violence act already stands 2 withdrawn. ..... however, as decree under section 9 of the act has already been passed in favour of the respondent, the respondent has no objection if the proceedings are transferred to family court, jodhpur, however, a direction to deal/decide the matter expeditiously may be made. .....

Nand Kishore and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : RLW2008(4)Raj3432

..... 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act') be quashed.2 ..... in view of these opposite assertions it is for the trial court to decide as to whether the acts or omissions by the petitioners have been committed prior to the coming into force of the act or after the act became operative and only thereafter it can decide as to whether the provisions contained in article 20(1) of the constitution of ..... am therefore, of the opinion that a female relative is not excluded from the definition of respondent contained in section 2(q) of the act.in view of the above discussion i find the contentions of learned counsel ..... section 2(q) of the act runs as under:'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 tile a complaint against a relative ..... act 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 her in-law's house on 21.10.2007 and thereafter she is unable to maintain herself and thus the acts of the petitioners are continuing and, therefore, it cannot be said that the acts and omissions by the petitioners have been committed before coming into force of the act .....

Smt. Seema Kanwar Vs. Karan Vijay Singh

Court : Rajasthan Jodhpur

..... it is, inter alia, indicated in the application that on account of matrimonial disputes, the petitioner initiated proceedings by way of filing fir at jodhpur, application under section 23 of protection of women from domestic violence act, 2005 and proceedings under section 125 cr.p.c. .....

Smt.Pinky Vs. Shobhit

Court : Rajasthan Jodhpur

..... , the said proceedings are pending before the family court i, jodhpur and another proceedings under the protection of women from domestic violence act, 2005 are also pending before the jurisdictional criminal court at jodhpur. ..... 2 the present petition under section 6 readwith sections 7 and 13 of the hindu minority & guardianship act, 1956 and section 25 of the guardian & wards act, 1890 has been filed at udaipur by the respondent and the petitioner being a lady is required to travel to attend the hearing at udaipur alongwith the children which involves time as well as expenditure, which is difficult for her to .....

Smt. Naseem Bano @ Rani Vs. Mehboob Ali Khan

Court : Rajasthan Jodhpur

..... it is further indicted that already proceedings under section 498-a cr.p.c.and the proceedings initiated by her under the provisions of protection of women from domestic violence act, 2005 are also pending at bundi and, therefore, the proceedings initiated by the respondent for declaration of dissolution of marriage, be transferred to the family court, bundi. ..... ; the frequency of buses from bundi to jodhpur is low and, therefore, she is required to stay at jodhpur overnight. .....

Basanti @ Jaya Vs. Jai Kant

Court : Rajasthan Jodhpur

..... 498(a).406, 120-b, 354, 323, 109, 312 ipc were initiated by the petitioner, application under section 125 cr.p.c.was filed by her before the family court, churu and another proceeding under provisions of the protection of women from domestic violence act, 2005 was initiated which are pending at sujangarh, however, subsequent thereto the respondent-husband has initiated proceedings for dissolution of marriage by filing application before the family court, bikaner. ..... petitioner reiterated submissions made in the petition and further submitted that as other proceedings are already pending at sujangarh/churu, which the respondent is required to attend, it would be appropriate that the present proceedings are transferred from bikaner to the family court, churu. .....

Monika @ Mona Vs. Chandra Prakash

Court : Rajasthan Jodhpur

..... brought to our notice that the appellant-wife has filed an application u/sec.12 of the protection of women from domestic violence act, 2005 before the court of judicial magistrate no.2, kota (south) wherein after the parties being heard ..... vide judgment dated 12.10.2012 and arrived to a conclusion that the appellant-wife has failed to prove that it is a case of mental cruelty on the part of respondent-husband and observed that from the evidence of aw-1 monika @ mona, she failed to establish matrimonial cruelty being committed on her by the husband-respondent and still recorded that there is no possibility of resuming their matrimonial relations ..... there is an irretrievable break down of marriage but declined to grant decree of divorce as not contemplated u/sec.13 of the act and left it open to be examined by this court and in this context, we would like to observe that the apex court has emphasised the need for a shift in the matrimonial law from the search for guilt to an acceptance of the eventuality and fact of death of marriage. ..... violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act ..... , kota dated 29.05.2013 is quashed and set aside and the appellant-wife deserves indulgence for grant of decree of divorce u/sec.13 of the hindu marriage act and the marriage between the spouses solemnized on 16.05.2005 is hereby dissolved. .....

Madhu Bala (Smt.) Vs. Pritam Kumar Rao

Court : Rajasthan

Reported in : RLW2009(1)Raj827

..... brief facts of the case are that petitioner submitted an application under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act of 2005'). ..... 85/- per day, although the respondent is involved in running business of plying 3 vehicles and the income from transportation of vehicle is quite large. ..... the respondent shall make payment of this amount from 18.2.2008 i.e. ..... from a bare perusal of the facts of the case and the material made available to me it is clear that the appellate court has not properly considered the facts of the case as also the material made available to me and .....

Jyoti @ Rashmi Vs. Manoj Kumar and ors

Court : Rajasthan Jodhpur

..... ) & judicial magistrate, jodhpur district, jodhpur by which he has rejected the application of the petitioner under section 23 of the protection of women from domestic violence act for granting the maintenance allowance and other relief. ..... learned counsel for the petitioner raised two prayers before the trial court in the proceedings under the domestic violence act, 2005. .....

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. .....