Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 10 of about 1,573 results (0.077 seconds)

Dimple Jatin Khanna @ Dimple Rajesh Khanna @ Dimple Khanna and Others ...

Court : Mumbai

..... 25/dv/2012 filed by respondent no.1 under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') 3. ..... in the complaint can be reproduced as under: (a) this hon'ble court may be pleased to pass a permanent perpetual protection order in favour of complainant/applicant restraining and prohibiting the respondent from (i) committing any further act of domestic violence upon the complainant; (ii) aiding or abetting in the commission of acts of domestic violence upon the complainant ; (iii) threatening the complainant in any form, whatsoever, (iv) obstructing the complainant from having free ingress and egress into the residence at aashirwad bungalow, carter road, bandra (west ..... ), mumbai 400 050 and residing therein; (v) restrain the respondents from alienating any assets, operating bank lockers or bank .....

Amitabh Upadhyay Vs. State of Maharashtra and Another

Court : Mumbai

..... seeking the relief of quashing of the complaint on the basis of which he is being prosecuted under the provisions of sections 12, 18, 21 and 23 of the protection of women from domestic violence act, 2005 in complaint no.524 of 2013 pending before the judicial magistrate (2nd court) at thane. 2. ..... thane, under the provisions of protection of women from domestic violence act, 2005 alleging therein that she was married to the ..... bench has observed as under:- "the said words therefore have been used purposefully as the said act has been enacted to protect a woman from domestic violence and, therefore there cannot be any fetter which can come in the way by interpreting the provisions in a manner to mean that unless the domestic relationship continues on the date of the application, the provisions of the said act cannot be invoked. ..... out under the domestic violence act 2005. ..... even prior to filing the application under the provisions of domestic violence act, respondent no.2 had filed several applications before different courts which were either withdrawn or ..... domestic violence act reads thus :- "2(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;" section 2(g) defines "domestic violence" as is defined under section 3 of the act. .....

Subhash Pralhad Chaware and Others Vs. Vaishali Subhash Chaware @ Ku. ...

Court : Mumbai Nagpur

..... the protection of women from domestic violence act 2005 provides more effective protection of the rights of women guarantee under the constitution who are victims of violence of any kind occurring within the meaning of family and for matters connected therewith or incidental thereto. ..... the respondent herein is the original applicant and she filed proceedings under section 12 of the protection of women from domestic violence act, 2005 (for short, ?d.v. ..... clause (a) of section 2 defines aggrieved person as under: 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; ? ..... it was the case of the applicant that she was living in domestic relationship with the non-applicants in a shared household and she was subjected to domestic violence as envisaged under d.v. ..... it was also found by the learned magistrate that the applicant has proved domestic violence to her. ..... after the evaluation of oral as well as the documentary evidence, the learned magistrate recorded a finding that there was a domestic relationship between the parties within the meaning of section 2 (f) of d.v. ..... 14/2012 by the learned judicial magistrate first class, 3rd court, buldana, is set aside to the extent of alienation of immovable property and modified in the nature that the respondents are restrained from alienating or creating encumberance over the house property described in item no. .....

Ekta Arora Vs. Ajay Arora and Another

Court : Delhi

..... the fact that none of the statutes which deal with the rights of a married woman in india, be it the hindu marriage act, 1955; the hindu succession act, 1956; the hindu adoption and maintenance act, 1956; the protection of women from domestic violence act, 2005 or the code criminal procedure, 1973 confer any right of maintenance including residence for the married woman as against the parents of the husband ..... petitioner filed an application under section 19 of the protection of women from domestic violence act, 2005 (hereinafter referred as the said act') on the ground that she had apprehension of dispossession from her matrimonial home bearing no.a-135, shanker garden, ..... domestic violence act, 2005 gives protection to the wife where the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member within the meaning of section 2(s) of the said act ..... to the mother-in-law and there also the defence taken by the daughter-in-law was that the said property was a joint family property and therefore she enjoyed a protection under section 17(1) of domestic violence act, 2005. ..... right in an accommodation which belongs to mother-in-law or the father-in-law as such an accommodation does not satisfy the test of share household accommodation as envisaged under section 2(s) of the domestic violence act, 2005. 16. .....

Jayashri Vs. Umesh

Court : Mumbai Nagpur

..... proceedings under the protection of women from domestic violence act, 2005. ..... last contention raised by learned counsel for respondent regarding acquittal of husband in criminal case under section 498a of the indian penal code and rejection of application filed by wife under the protection of women from domestic violence act question arises whether the allegations alone in those proceedings would help the husband to support his submission that wife treated him with cruelty. ..... she initiated proceedings under section 9 of the hindu marriage act for restitution of conjugal rights, filed an application for maintenance under section 125 of the code of criminal procedure and lodged a complaint under protection of women from domestic violence act stating that husband treated her with cruelty, misbehaved and refused to cohabit with ..... respondent are not applicable as in the present case there is no iota of evidence to indicate that allegations made by wife in the proceedings under section 498a of the indian penal code and under the protection of women from domestic violence act were intentional, false and vexatious amounting to mental cruelty. 24. ..... out that application filed by wife under the protection of women from domestic violence act also came to be rejected. ..... his evidence also indicates that he had high expectations from wife and desired that she should stay in joint family, attend the domestic work even when husband resides away at the distance of 450 kilometers from his house. .....

Ram Prakash and Another Vs. Sneh Lata Alias Malka and Another

Court : Himachal Pradesh

..... an application under section 12 of the protection of women from domestic violence act, 2005, (for short 'act') through protection officer against the petitioner. ..... the protection officer on the basis of application moved by respondent as well as her complaint received from state commission for women through superintendent of police, kangra at dharamshala, prepared domestic violence report and filed the ..... restrained from committing any act of domestic violence against ..... that no doubt the view the supreme court had taken would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for the court to legislate or amend the ..... no doubt the view we are taking would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for this court to legislate ..... the respondent prayed for passing of protection order, residence order, restraining the petitioner from dispossessing her out of the shared house and allowing her to enter that portion of the shared house ..... respondent has relied chanmuniya versus virendra kumar singh kushwaha and another (2011) 1 scc 141, where the supreme court has held as follows:- most significantly, the act gives a very wide interpretation to the term domestic relationship as to take it outside the confines of a marital relationship, and even includes live-in relationships in the nature of marriage within the definition of domestic relationship under section 2(f) of the act. .....

Senbagavalli and Others Vs. Senbagadevi

Court : Chennai Madurai

..... , praying to call for the records relating to m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005 and quash the same insofar as the petitioners alone.) 1. ..... 29/2015 on the file of the judicial magistrate, no.i, thanjavur, which has been filed for the offences under sections 12, 17, 18, 19, 20, 22, 23, 24 and 25 of the protection of women from domestic violence act, 2005 is pending. ..... the petitioners have come forward with this petition seeking to quash the proceedings in m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005. 2. ..... admittedly, the domestic violence case in m.c.no. .....

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. .....

Selvarajan Vs. Rengasubathra

Court : Chennai Madurai

..... section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... the records relating to the order of the ii additional sessions judge, thoothukudi dated 11.02.2016 in c.a.no.38 of 2015, modifying the order passed by the learned judicial magistrate no.1, kovilpatti in m.c.no.2 of 2013 by order dated 01.07.2015 under protection of women from domestic violence act and set aside the same.) 1. ..... claiming shared residence, compensation, maintenance, return of her srithana articles and also protection from domestic violence, the wife has filed m.c.no.2 of 2013 before the learned judicial magistrate no.i, kovilpatti as against her husband ..... act) explains what is 'domestic violence ..... short, in domestic relationship, domestic violence is analogous to ..... she has admitted that there is no domestic problem between them and because he has filed a divorce case, she considered it a domestic violence. ..... and circumstances of this case, what is complained of is nothing less of domestic violence. ..... domestic violence comprises physical as well ..... even then, if we accept such a contention then every husband will try to escape from his moral and legal obligation to maintain his wife and children simply by saying that ..... husband has no property or he is having a property which is an hell for his wife, section 12 of the act speaks about his duty to provide accommodation to his wife even in a rented premises. ..... the act it is his duty to provide residence to his wife either from his own property or from his joint .....

Rajendra D. Seth Vs. Rekha Jha Alias Rekha R. Seth

Court : Mumbai Goa

..... an application has been filed by the applicant under section 12 of the protection of women from domestic violence act, 2005 (the act? ..... to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to, - (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an ..... means any women 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. ..... - for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it- (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and ..... section 3 of the act defines domestic violence? ..... after considering the entire material on record, the learned trial magistrate, by order dated 16.01.2012, held that prima facie it was shown that the applicant and the opponent are in domestic relationship with each other and that the applicant has been subjected to domestic violence by the opponent. .....