Court : Chennai
..... a bare perusal of the order under challenge reveals that in passing the order under section 23 of the protection of women from domestic violence act, 2005, no prima facie satisfaction of the petitioner committing or having committed an offence of domestic violence or there being any likelihood of doing so has been recorded. ..... pending such petition, the respondent/wife filed m.p.no.727 of 2014 on the file of learned xvii metropolitan magistrate, saidapet, chennai, u/s.12 of protection of women from domestic violence act, 2005. ..... learned xvii metropolitan magistrate, saidapet, chennai, shall take m.p.no.735 of 2014 in m.p.no.727 of 2014 on file afresh for consideration and dispose of the same after passing a reasoned order within one month from the date of receipt of a copy of this order. .....
Tag this Judgment!Court : Karnataka Dharwad
..... ) and jmfc, gadag, which was filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act', for short), approached this court seeking quashing of the entire proceedings against them ..... also, she claimed before the trial court that the court has to pass a protection order preventing the respondents therein from committing domestic violence against her and also for residence and maintenance to her and her child. ..... the husband and the other members are in the joint family house, then that can be called as 'shared house' and other relatives of husband, in fact, can also be made as parties to restrain them from committing any domestic violence by throwing out the wife from the shared house. ..... the threshold, the petition cannot be quashed and the petitioners in fact have to approach the trial court and file appropriate application showing that there was no act of domestic violence committed by them against the petitioner therein. ..... of the learned counsel by submitting that there are sufficient pleadings in the petition as to how the petitioners herein have ill-treated, harassed and caused domestic violence against the 1st respondent herein and in fact the relief is claimed against all the petitioners. ..... merits, to order that the petitioners herein have to allow the 1st respondent to reside in the matrimonial home itself and the court has also got power to restrain the petitioners from causing any domestic violence against the wife. 10. .....
Tag this Judgment!Court : Mumbai Nagpur
..... by this petition, the petitioners are seeking quashing and setting aside of the complaint filed under the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act, 2005") by the respondent together with order dated 24/7/2014 passed by the learned judicial magistrate, first class, yavatmal granting interim maintenance to ..... clear that a woman, who is married, cannot enter into a domestic relationship as contemplated under section 2(f) of the act, 2005 and even if she establishes a long standing relationship with a man as his concubine or mistress, she would not be entitled for protection under the provisions of the act, 2005. 10. ..... court has held that even though long standing relationship as a concubine deserves some protection in order to provide her financial stability, her such relationship not being in the nature of marriage cannot be termed as domestic relationship as contemplated by the act, 2005. ..... that even otherwise, the respondent could not have entered in such a relationship, called the domestic relationship under section 2 of the act, 2005 as it is an admitted fact that the respondent is a married woman and her marriage still ..... found from the admitted position that the respondent is a married woman, whose marriage with her husband chandan is still subsisting and this being the position, her relationship whatever it might be with the petitioner, cannot be termed as domestic relationship under section 2(f) of the act, 2005. .....
Tag this Judgment!Court : Chennai
..... given 30 days time from the date of receipt of papers from the registry to file an appeal under section 29 of the protection of women from domestic violence act, 2005 before the competent court. ..... instituted m.c.no.2 of 2015 before the learned chief judicial magistrate, erode seeking several reliefs under the protection of women from domestic violence act, 2005 (hereinafter called 'd.v.act'). ..... committing domestic violence. ..... circumstances, the revision petitioner has to pursue the remedy provided under section 29 of the d.v.act, 2005 namely, court of sessions, erode. 13. ..... which runs as under: 'section 372 no appeal to lie unless otherwise provided: no appeal shall lie from any judgment or order of a criminal court except as provided for by this code or by any other law for the time being in force ..... act, 2005 which runs as under ..... appeal: there shall lie an appeal to the court of sessions within thirty days from the date on which the order made by the magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is ..... thus, an order passed by the chief judicial magistrate under d.v.act will be an order passed by a magistrate within the meaning of section 29 of the said act and it is subject to the appeal remedy provided in section 29 of ..... counsel for the revision petitioner would submit that the learned chief judicial magistrate, erode dismissed the maintenance case by an erroneous order throwing open the rudimentary principles relating to domestic problems. .....
Tag this Judgment!Court : Andhra Pradesh
..... the petitioners counsel placed reliance on section 26 of the protection of women from domestic violence act, 2005 (in short the act) as enabling provision for the relief claimed herein. ..... the question of getting conflicting decisions may not arise between the two courts in the two pending proceedings as scope of decision in a divorce petition is entirely different from the scope of a domestic violence case under the act before the magistrate. ..... there are no grounds for transfer of domestic violence case from criminal court, hyderabad to family court, secunderabad. ..... thirdly, section 26 enables an aggrieved person/wife or children to claim reliefs under sections 18, 19, 20, 21 and 22 of the act as additional relief and not as independent relief in any proceeding in civil court or family court or criminal court in case those proceedings are affecting the aggrieved person. ..... (3) in case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this act, she shall be bound to inform the magistrate of the grant of such relief. ..... the petitioner who is husband seeks transfer of d.v.c.no.86 of 2011 from iv metropolitan magistrate court, hyderabad to the family court, secunderabad where o.p.no.611 of 2012 is pending for divorce. ..... in that view of the matter, section 26 of the act does not come to the rescue of the petitioner in this transfer petition. .....
Tag this Judgment!Court : Mumbai
..... family court was filed for divorce under the special marriage act, 1954 r/w protection of women from domestic violence act, 2005 (for the sake of brevity, hereinafter referred to as ..... question of law as to whether any relief can be sought against the relative of the respondent husband in the proceedings filed under section 26 of the protection of women from domestic violence act before the family court? 3. ..... the family court that respondent no.2 mother-in-law cannot be made a party to the nullity proceedings filed under the hindu marriage act or special marriage act as the family court has jurisdiction in respect of the proceedings between the parties to marriage only. ..... is raised before this court, the court has restricted its finding only to that extent and answered that the relatives of the husband being respondents under section 2(q) of the dv act can be made party respondents before the family court if the proceedings specified under section 26 of the d.v. ..... protect the rights of women ..... act takes care of any type of violence in the house and, therefore, the meaning of respondent is not restricted to only husband but his relatives are ..... has been obtained by the aggrieved person in any proceedings other than a proceeding under this act, she shall be bound to inform the magistrate of the grant of such relief. 10. ..... that the meaning of 'respondent' is restricted under section 7 of the family courts act, has overriding effect over the meaning of 'respondent' under section 2(q) of the .....
Tag this Judgment!Court : Mumbai Nagpur
..... she filed an application under section 12 of the protection of women from domestic violence act, 2005 [hereinafter referred to as the act ? ..... the written statement in domestic violence proceedings was passed by the petitioners on 20th december, 2013. ..... after evaluation of pleadings and available evidence on record, the learned trial magistrate reached to the conclusion that the petitioners have committed domestic violence against the wife. ..... by filing the said complaint, respondent-wife claimed following reliefs against the petitioners:- [a] the non-applicants should not commit any domestic violence against the applicant. ..... the learned trial magistrate also reached to the conclusion that she is having a right to stay in the flat at nanded and she should not be evicted from the said flat. ..... the application filed by the wife under section 12 of the act was contested by the petitioners. 4. .....
Tag this Judgment!Court : Karnataka
..... the petitioner is before this court aggrieved by the trial court allowing the application filed by the respondent u/s 12 of the protection of women from domestic violence act, 2005 (the act for short) and the said order of the trial court being confirmed by the lower appellate court. 2. ..... 15, further, the apex court observed that the aforesaid view would take out many women who have had a live-in relationship from the benefit of the act, but then it is not for the court to legislate or amend the law and the parliament has used the expression relationship in the nature of marriage and not live-in relationship. 16. ..... the apex court therefore went on to observe at para.34 that, live-in relationships will amount to a relationship in the nature of marriage to get the benefit of act of 2005 and to get such benefit, conditions mentioned in para. ..... learned counsel for the respondent further argued that the act is meant to take care of the interest of women in general and therefore the act does not confine itself to relationship in the nature of marriage and therefore even a live-in relationship is covered by the expression domestic relationship. ..... nevertheless, it is his submission that, the relationship between the parties does not come within the definition of domestic relationship as defined u/s 2 (f) of the act. 8. .....
Tag this Judgment!Court : Delhi
..... contempt of courts act, 1973 read with article 215 of the constitution of india, with the allegations to the effect that the respondent has deliberately and willfully disobeyed the orders dated 30.09.2010 and 05.04.2011 passed by the guardianship court, saket courts, new delhi, passed in guardian case no.66/2010 and also the orders of the metropolitan magistrate dated 13.10.2011 in cc no.332/1, and of the additional sessions judge dated 19.10.2011 passed in protection of women from domestic violence act, 2005 (dv act) proceedings. ..... has been filed now on behalf of complainant seeking permission to correct the typographical errors in the petition filed by the complainant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act). ..... copy of the domestic violence complaint along with all the annexures is annexed as ..... under the cover of the orders obtained from the learned metropolitan magistrate in proceedings under the dv act, which have been obtained by suppression of the proceedings and orders of the learned guardianship judge, the respondent has sought to take away the child liam from the custody of the petitioner, and into her own custody ..... however, even this order was suppressed and concealed from the learned m.m and the learned asj dealing with the d.v act proceedings, evidently for the reason that this order too would have betrayed the fact that it was the respondent who was being granted visitation rights, and not .....
Tag this Judgment!Court : Punjab and Haryana
..... vide order dated 9.7.2011, judicial magistrate first class, faridabad, had allowed the application under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') filed by respondent no.1, holding that respondent no.1 had been a victim of domestic violence. ..... the shared household has been defined under section 2 (s) of the act which reads as follows: - "(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 with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the ..... respondent-wife after marriage had stayed in the house of the petitioner as such, the house which is owned by the petitioner would fall within the definition of "shared household" given in section 2 (s) of the act because "shared household" would mean the household where the aggrieved person (wife) lives or at any stage has lived in the domestic relationship either singly or along with the respondent. ..... the word "domestic relationship" is defined in section 2 (f) the act as under: - "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 .....
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