Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 11 of about 1,573 results (0.089 seconds)

Syed Akram Ali Vs. Rubina Begum

Court : Mumbai Aurangabad

..... in the proceedings filed under the provisions of the protection of women from domestic violence act, 2005 (for short "domestic violence act"), direction is given against the present petitioner, husband to return dahej (jahez) articles to the respondent or to pay rs.2,00,000/- in lump sum towards the price of those articles to the present respondent. ..... court has no hesitation to hold that section 20(1)(c) of the domestic violence act can be used in a case like present one. ..... ascertain as to whether even after the dissolution of the marriage, proceeding can be filed, the scheme of the domestic violence act needs to be seen and particularly definitions of "domestic relationship" given in section 2(f) and "shared household" given in section 2(s) of the act needs to be considered. ..... court held that provisions of section 12, 16, 20 and 22 of domestic violence act were not available to the wife. ..... in the proceedings filed under domestic violence act, many reliefs were claimed but the aforesaid relief is granted by the sessions court in ..... shows that the meaning given in section 3 of the domestic violence act needs to be considered. ..... petitioner that it is the contention of the husband that the parties have taken divorce by mutual consent and document of khulanama has been executed and so the proceeding is not tenable under the provisions of domestic violence act. ..... sides showed relevant record to this court and some argument was advanced on the basis of provisions of the domestic violence act. .....

Farzana Ansari Vs. Abid Ali Ansari

Court : Mumbai Goa

..... the complainant had filed a complaint under section 12 of the protection of women from domestic violence act, 2005 ("the act", for short) against the respondents which came to be registered as criminal case no.27/dva/ ..... the complainant was secured with protection order under section 18 of the act and the respondents were restrained by way of injunction from committing any act of domestic violence against the applicant and her ..... , insofar as grant of protection under section 12 of the act and the restraint from committing any act of domestic violence against the complainant and her family is concerned, is ..... the circumstances above, the appellate court could not have set aside the order dated 19/11/2013 insofar as the directions to the respondents no.2 to 6 to pay the amount of rs.1,00,000/- to the complainant and restraining them from committing any act of domestic violence against the complainant and her family, are concerned. 13. ..... terms of section 2(a) of the act, "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. ..... domestic violence" in terms of section 2(g) of the act, has the meaning as assigned to it in section 3 of the act ..... 3(a) of the act includes economic abuse within the meaning of domestic violence. ..... considered view, there was ample of evidence on record that there was domestic violence meted out by the respondents as against the complainant. .....

Gaurav Gupta Vs. Radhika Gupta

Court : Mumbai Goa

..... , the respondent filed complaint against the petitioner and his parents under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 (domestic violence act, for short), claiming total sum of rs.67,500/- for maintenance of herself and the two minor children. ..... court directed that a sum of rs.1,50,000/- should be paid by the respondent-husband to the petitioner-wife, for herself as well as for their minor son from the date of filing of the complaint under section 12 of the domestic violence act, 2005, till the said complaint is again disposed of by the trial court. 25. ..... shall pay to the respondent the amount of interim maintenance as directed by the trial court, vide the impugned order, by adjusting the amount of rs.50,000/- per month granted to the respondent under the domestic violence act, which is already paid as from 09/06/2011 and which would be paid, hereinafter. ..... that from august 2009, radhika was getting rs.50,000/- per month and rs.25,000/- per month under the domestic violence act. ..... dated 05/10/2012, passed on the application for maintenance under section 24 of the act, the trial court ordered the petitioner to pay to the respondent a sum of rs.75,000/- per month and to both children rs.50,000/- each, per month, towards maintenance, excluding the amount of rs.50,000/- granted to the respondent in domestic violence case and rs.25,000/- per month towards legal expenses from the date of filing of the application i.e. .....

Gurmit Singh Bagga and Others Vs. Indrajit Kaur Bagga and Another

Court : Mumbai

..... 1 has independently filed proceedings under the protection of women from domestic violence act, 2005 before the family court, the then civil judge, jr divn. ..... 1 under the protection of women from domestic violence act, 2005 be heard on merits. ..... it is further submitted that there is no pleading as such to attract the provisions of the protection of women from domestic violence act in the alleged counter claim filed by the petitioners. ..... being aggrieved by the said order, the appellants preferred appeal u/s 29 of the protection of women from domestic violence act before the sessions court, pune. ..... it appears from the record that petitioner no.1 i.e. ..... in view of the alleged act of respondent no. .....

Shakuntala Vs. Chaitra

Court : Karnataka Dharwad

..... respondent filed application vide annexure - e, on 23.11.2015, under s.12 of the protection of women from domestic violence act, 2005 (for short, the act) for grant of the reliefs in terms of ss.18, 19, 20, 22 and 23 ..... 2015 on the basis of the complaint filed by the respondent for the offences punishable under sections 18, 19, 20, 22, 23 of the protection of women from domestic violence act, 2005. ..... order to maintain an application, under s.12 of the act, what is required to be brought to the notice of the magistrate is the particulars of relationship, as defined under s 2(f) of the act and the domestic violence, in terms of s.3 of the act, committed by the accused. ..... petitioner being not a relative of the husband of the respondent or the respondent, will have no interest in raising any demand for dowry or causing domestic violence and / or keep the ornaments of the respondent, with her. ..... m.m, palil, learned advocate, contended that the respondent is not an 'aggrieved person' to claim any relief against the petitioner, under the provisions of the act, as (i) there did not exist domestic relationship between the parties; (ii) the respondent did not live with the petitioner in a shared household; and (iii) that they are not related by consanguinity ..... for consideration is, whether there was domestic relationship, as defined in s.2(f) of the act, between the respondent and the petitioner and whether the respondent can maintain application under s.12 of the act, against the petitioner? 7. .....

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. .....

Ridhima Juneja Vs. Deven Juneja and Others

Court : Delhi

..... these petitions arose out of a complaint case under section 12 of the protection of women from domestic violence act, 2005( in short the act of 2005) though were filed against different orders of the trial court and the ..... upon the pleadings and the affidavits filed by the parties and the report of the protection officer disposed of the complaint finally vide order dated 5th september, 2007 and held respondent-husband only guilty of causing domestic violence to the petitioner-wife and certain directions were given to him including a direction for payment of compensation of rs.50,000/- to her under section 20 of the act of 2005 for the acts of domestic violence committed by him and a sum of rs.5000/-p.m. ..... and going through the contents of the same it is clear that she is covered under domestic violence act being the aggrieved party as defined in definition u/s 2(a) of the act and she is also in domestic relationship with respondents which is covered as per the definition of domestic relationship u/s 2(1) of the act and further the allegations leveled are also covered u/s 3 of the act whereby domestic violence has been defined. ..... an appeal challenging the award of compensation of rs.50,000/- to the petitioner-wife for committing acts of domestic violence. ..... be paid by the respondent-husband to the petitioner-wife for herself as well as for their minor son from the date of filing the complaint under section 12 of the act of 2005 till the same is again disposed of by the trial court. .....

R. Saravanan Vs. Pavathal

Court : Chennai

Reported in : 2012(4)MLJ(Crl)651

..... it was contended that the courts below have failed to appreciate that section 12 of the protection of women from domestic violence act, 2005, as well as the other provisions of the act, would not apply for getting an entry into the house of the petitioner. 9. ..... hence, the petitioner has filed a petition praying for protection to her from domestic violence as per section 12 and 23 of protection of women from domestic violence act, 2005. 3. ..... further, the case has been filed under section 2 of protection of women from domestic violence act. ..... the learned judge opined that the appellant could in no way prevent the respondent from staying in her husband's place and should not create any disturbance to her while residing in the property. ..... the respondent in his counter had submitted that he is an agriculturist and that he had taken a loan of rs.20,000/- from the proprietor of murugan rice mill, ganapathypalayam and had also taken a loan from the primary agricultural co-operative bank and conducting agricultural business. ..... it is contended that subsequent to this the appellant / son had driven the respondent / mother from out of the house. .....

ParvIn Firoz Shaikh and Others Vs. Firoz SharfuddIn Shaikh and Others

Court : Mumbai Aurangabad

..... she had applied to the learned chief judicial magistrate, osmanabad for maintenance and consequential benefits under the provisions of section 12 of the protection of women from domestic violence act, 2005 (for short, the dv act). ..... the learned chief judicial magistrate allowed the application and directed the respondent and his parents not to cause domestic violence to the petitioners. ..... 7) section 20 contemplates monetary relief to the aggrieved person as a result of domestic violence. ..... 8) thus cumulative effect of these provisions illustrate, even if remedies are a available under section 4 of muslim women (protection of rights on divorce)act, 1986, it will not obliterate and defuse the provisions of section 12 of the dv act for a wife to stake claim. ..... imran khan - 2010 (1) scc 666 : 2009 dgls (soft) 1281, explained the legal position in tune with muslim women (protection of rights on divorce) act, and in particular sections 4 and 5 thereof. ..... naturally, the whims of the husband/respondent would not be permitted to deflate the provisions of the dv act, which provides a room to claim maintenance, notwithstanding the effect of section 4 of the muslim women (protection of rights on divorce) act, 1986. ..... object and scope of the dv act is to ensure maintenance to those, who need such protective shelter from the person under an obligation. ..... and provisions of muslim women (protection of rights on divorce) act, 1986 and observed about eligibility of entitlement of the wife to claim maintenance .....

Twinkle Jatin Khanna @ Twinkle Akshay Kumar Vs. Anita Advani

Court : Mumbai

..... dv/25/2012 against the applicant and her family members before the learned metropolitan magistrate under the provisions of the protection of women from domestic violence act 2005. ..... that since the respondent was not qualified to enter into a legal marriage with the said deceased, the complaint filed by the respondent before the learned metropolitan magistrate under the provisions of the protection of women from domestic violation act 2005 itself is not maintainable and thus the respondent could not have invoked the provisions of the said act for making an application for certified copies of the proceedings before the learned prothonotary and senior master. ..... respondent has already filed a petition under the provisions of the domestic violence act against the applicant and the family members. ..... respondent has asserted her alleged rights under the provisions of domestic violence act. ..... 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 or amend the law ..... our opinion not all live in relationships will amount to a relationship in the nature of marriage to get the benefit of the act of 2005. ..... see 'common law marriage' in wikipedia on google) in our opinion a 'relationship in the nature of marriage' under the 2005 act must also fulfill the above requirements, and in addition the parties must have lived together in a 'shared household' as defined in section 2(s) of the act. .....