Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: supreme court of india Page 5 of about 165 results (0.199 seconds)

Ashish Dixit and ors. Vs. State of U.P. and anr.

Court : Supreme Court of India

..... by the impugned judgment and order, the high court has refused to quash the proceedings initiated against the petitioners by the respondent no.2-wife, under section 12 of the protection of women from domestic violence act, 2005 (for brevity the act, 2005 ).3. ..... in the petition filed by respondent no.2, apart from arraying her husband and her parents-in-law as parties to the proceedings, has included all and sundry, as :2. .....

Ritika Sharan Vs. Sujoy Ghosh

Court : Supreme Court of India

..... the appellant also instituted an application under section 12 of the protection of women from domestic violence act 2005, which is pending in the court of the metropolitan magistrate at ..... that she has been compelled to leave the matrimonial home due to domestic violence and abuse. ..... to singapore where she is employed and resides; 12 (iii) the appellant is permitted to make suitable arrangements to facilitate the travel to and admission of the child in a school in singapore; (iv) the respondent shall, within a period of 48 hours from the receipt of this judgment, handover the passport of the child to the appellant; (v) the appellant shall be exclusively entitled to take necessary steps for renewing the passport of the child or, if required, for obtaining a fresh ..... on 1 march 2018, the family court passed an order in ia no.5 filed by the respondent seeking interim custody and visitation rights and directed the appellant or her parents (who had moved from noida to bengaluru to help the appellant with the child) to produce the child before the mediation centre on every third saturday, at 11:00 am to allow for visitation by the respondent till ..... writ petitions were pending, in november 2018, the appellant filed an application (ia no.11) in the proceedings in mc no.4484 of 2016 before the family court under section 26 of the hindu marriage act 1955 to allow the child to travel to singapore during his christmas vacations, commencing on 14 december 2018 and ending on 2 january 2019. .....

High Court Bar Association Allahabad Vs. The State Of Uttar Pradesh

Court : Supreme Court of India

..... example, there are many legislations like the hindu marriage act, 1955, the protection of women from domestic violence act, 2005, the negotiable instruments act, 1881 etc which prescribe specific time limits for the ..... a copy of such application to the party in whose favour such order has been made or the counsel of such party, the high court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the high court is closed on the last day of that period, before the expiry of the next ..... courts, while passing orders of stay in serious cases like the offences under the pc act or serious offences against women and children, must be more cautious and circumspect. ..... before the high courts or other courts relating to the pc act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on the above parameters. ..... power of doing complete justice under article 142 of the constitution of india are analogous to the constitutional provision as contained in clause (3) of article 2 226 of the constitution of india which has been inserted with effect from 1.8.1979 vide the constitution (forty-fourth amendment) act, 1978. ..... the court was dealing with a petition filed in the high court arising from a prosecution under the pc act. .....

Col. Ramneesh Pal Singh Vs. Sugandhi Aggarwal

Court : Supreme Court of India

..... (i) a missing children s report on 19.08.2015; and thereafter (ii) an application under section 12 of the protection of women from domestic violence act, 2005 (the dv act ) on 17.08.2015. ..... leaving this part of the appeal, one particular paragraph in the acp skeleton argument deserves to be widely understood and, i would strongly urge, accepted: 'much like an allegation of domestic abuse; the decision about whether or not a parent has alienated a child is a question of fact for the court to resolve and not a diagnosis that can or should ..... wellbeing of the children; (iii) the ability to provide physical surroundings conducive to growing adolescents but also take into consideration the preference of the minor children as mandated under section 17(3) of the act.3 furthermore, we are equally conscious that the stability of surrounding(s) of the minor children is also a consideration to be weighed appropriately.413. ..... she shall also be entitled to visit the minor children and take them out with her from 10:00 am to 5:00 pm, on every second and fourth sunday, at the station, where the minor children are staying, ..... petition under section 7, 9 and 25 of the guardian and wards act, 1890 (the act ) before the family court seeking custody of the minor children on 21.11. ..... consideration of the court whilst deciding an application for guardianship under the slp (c) no.28466 of 2023 page 12 of 27 act in exercise of its parens patriae jurisdiction would be the welfare of the minor children.19. .....

Bhartiben Ravibhai Rav Vs. Ravibhai Govindbhai Rav

Court : Supreme Court of India

..... before the family court, dungarpur, rajasthan and (iii) petition under sections 12 and 23 of protection of women from domestic violence act, 2005 pending before the chief judicial magistrate, dungarpur, rajasthan. ..... apart from divorce petition, there are other proceedings pending between the parties which have been filed by the petitioner-wife at dungarpur, rajasthan viz; (i) fir under section 498-a and 406 ipc and under section 4 of the dowry prohibition act; (ii) petition under section 125 cr.p.c. ..... no.1668 of 2015 before the family court, ahmedabad under section 13(1) of the hindu marriage act, 1955 of which the petitioner-wife seeks transfer.3. ..... the transfer petition is strongly objected to by the respondent- husband on the ground that he is employed in ahmedabad and that he is taking care of his two sons, apart from his aged parents. .....

Selvaraj Vs. Revathi

Court : Supreme Court of India

..... no.12 of 2014 4 m.c.no.4 of 2014 5 protection of women from domestic violence act, 2005 6 judicial magistrate, pudukottai 7 crl.m.p. ..... it is always good for the upbringing of the child that he has love and affection of both the parents, but some how in the case in hand for the reason, we do not wish to go into, the child from the initial time remained deprived of that love and affection of the mother. ..... we do not wish to go into the reasons behind that but the fact remains that from the very beginning he is living with the father-appellant. ..... report dated 19.11.2020 was received from the mediator stating that the respondent was not ready to mediate and the child, who had completed nine years and nine months as on that date, was not willing to go with the mother.6. .....

Ankita Bhati Vs. Dev Raj Singh Bhati

Court : Supreme Court of India

..... apart from that, there is a complaint filed by her under the protection of women from domestic violence act, 2005 which is also pending in the court of the judicial magistrate at solan. ..... criminal case which is fixed in the other matters pending in the courts at solan, himachal pradesh; and (iv) on a formal application being made by the respondent-husband, the transferee court will grant exemption to the respondent-husband from personal appearance, subject to the condition that whenever the said court passes an order requiring his personal presence, he shall personally remain present in the court. ..........................j. ..... moreover, in a criminal case arising out of matrimonial dispute, the court can always grant exemption from personal appearance to the accused and his presence transfer petition (c)no.1770/2021 4/7 can be procured only when it is absolutely necessary. ..... the wife transfer petition (c)no.1770/2021 1/7 has filed a maintenance petition under section 18 of the hindu adoption and maintenance act, 1956 which is pending before the additional district judge at solan, himachal pradesh. ..... this court noticed that that apart from the husband, there were other accused in the case which were not made parties to the transfer petition. ..... in exceptional cases where the facts are glaring, a departure can be made from this normal rule.7. .....

Tilak Raj Vs. State of Himachal Pradesh

Court : Supreme Court of India

..... the time of incident and in number of cases she was appointed as protection officer under the protection of women from domestic violence act, 2005. ..... his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. ..... any person shall retain any property; or (b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and (iii) in cases covered by (ii)(b), the act or omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property. ..... person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat . ..... a careful reading of evidence on record clearly shows that there is no evidence against the appellant from which it can be conclusively inferred by this court that there was any fraudulent or dishonest inducement of the prosecutrix by the appellant to .....

Deepti Bhandari Vs. NitIn Bhandari and anr.

Court : Supreme Court of India

Reported in : 2012(1)SCC725; 2012(1)SCC(Cri)757; AIR2012SCW293,AIR2012SC326; 2012(2)KCCR35SN; 2012ALLMR(CRI)376; 2012(1)BCR(Cri)790

..... be mentioned that on 5th may, 2009, the petitioner filed a complaint against the respondent no.1 and his family members under the provisions of the protection of women from domestic violence act, 2005, hereinafter referred to as `pwd act') before the upper civil judge (a,b) and judicial magistrate serial no.18 jaipur city, jaipur, being criminal legal case no.13 of 2009. ..... as far as the difficulty expressed on behalf of the parents of the respondent no.1 is concerned, they will be free to apply to the trial court for exemption from personal appearance on the dates of the different cases and if such applications are made, the same should be considered by the trial court looking to the physical difficulties that may be faced by ..... which had been filed by the respondent no.1 under section 9 of the hindu marriage act and case no.65 of 2009, also filed by him under section 25 of the guardians and wards act, 1890, be transferred from the family court at jaipur to a family court of competent jurisdiction in delhi. ..... petitioner also filed transfer petition (civil) nos.856-857 of 2010 for transfer of case no.279 of 2009, which had been filed by the respondent no.1 under section 9 of the hindu marriage act and case no.65 of 2009 also filed by him under section 25 of the guardians and wards act, 1890, from the family court at jaipur to a family court of competent jurisdiction in delhi. ..... quashing of criminal legal case no.13 of 2009 filed by the petitioner under section 12 of the pwd act, 2005. .....

Nandakumar Vs. The State of Kerala

Court : Supreme Court of India

..... be out of place to mention that live-in relationship is now recognized by the legislature itself which has found its place under the provisions of the protection of women from domestic violence act, 2005. ..... specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, the 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or (d) that the respondent was at the time ..... such a 4 criminal appeal no.597 of2018marriage is not a void marriage under the hindu marriage act, 1955, and as per the provisions of section 12, which can be attracted in such a case, at the most, the marriage would be ..... -(1) any marriage solemnised, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- that the marriage is in contravention of the that the marriage has not been consummated 1(a) owing to the impotence of the respondent; ..... the high court also remarked that apart from the photographs of marriage which were produced in the high court, there was no evidence to show that a valid marriage was solemnised between the parties and that a certificate issued by the local .....