Court : Rajasthan
Reported in : RLW2009(2)Raj1091
..... rahul gupta filed an application before trial court under the provisions of protection of women from domestic violence act, 2005 (for short 'the act of 2005') for handing over custody of his son anmol gupta on each and every sunday from 8:00 am to 8:00 pm so that he along-with his parents can give love and affection to anmol gupta. ..... the words 'aggrieved person' are defined in section 2(ka) of the act of 2005, which run as under:2 (ka) '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.6. ..... the act of 2005 also provides the definition of 'respondent' which is reproduced as under:2(q) '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 file a complaint against a relative of the husband or the male partners.7. ..... rahul gupta under the act of 2005, which is affirmed in question asked for from mr. ..... jain, counsel appearing for the petitioner submit that judgment passed by appellate court dated 3.6.2008.is illegal, erroneous and against the act of 2005 and cannot be sustained in the eye of law. ..... ranjan, advocate straightforward answered that 'such type of application under the act of 2005 is not maintainable.'9. mr. .....
Tag this Judgment!Court : Kerala
Reported in : 2011(3)KLJ782; 2011(3)KLT933; 2011(3)ILR(Ker)836; 2011(3)KHC738
..... first class magistrate, neyyattinkara will permit the respondent wife to move such request as may be permissible in law to revive any request by her for maintenance in the course of proceedings under the protection of women from domestic violence act, 2005, now that the order in her favour by the family court in that regard is being vacated thereby. ..... pointed out on behalf of the respondent that in view of the order that is now challenged, the wife has not pressed the request by her for maintenance under the provisions of the protection of women from domestic violence act, 2005 pending before the judicial first class magistrate court, neyyattinkara. ..... in the absence of any enabling provision in the g and w act entitling the wife to claim maintenance for herself pending consideration of an application under the g and w act in relation to the child, we do not find any substantive right ..... and w act does not contain any provision similar to that in section 24 of the hindu marriage act, 1955; section 36 or 41 of the indian divorce act, 1869; section 38 of the special marriage act, 1954 or section 39 of the parsi marriage and divorce act, 1936 ..... the proceedings under the g and w act is not necessarily a litigation relating to or generated by the matrimonial tie and ..... order for interim maintenance to the wife, it has to be noted that the main matter pending before the family court is only an application filed by the husband under the provisions of the g and w act for custody of the child. .....
Tag this Judgment!Court : Mumbai Goa
..... only thereafter, the petitioner filed a complaint before the protection officer in form i under the protection of women from domestic violence act, 2005 seeking custody of the daughter amongst other reliefs. ..... the petitioner also filed an application under section 23 of the protection of women from domestic violence act. 3. ..... the respondent is alleged to have been running away from his creditors and for that purpose has been changing his residence continuously. ..... . i am of the opinion, if the child is taken out from the custody of the appellant, it would be traumatic for her, she appearing to be comfortable and well looked after by the appellant." 4. mr ..... not seem to be in any way adversely affected by the absence of her mother, i would consider it appropriate that she continues to be in the custody of the appellant herein, with visitation rights to the respondent, on every saturday and sunday, from the afternoon till 6.00 p.m. the ld .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(2)WLN160
..... it is contended by learned counsel for the petitioners that firstly as per section 2 (q) of the protection of women from domestic violence act, 2005 (for short 'the act of 2005 hereinafter), the female petitioners cannot be made respondent in a proceeding initiated by respondent no. ..... the expression 'respondent' has been defined in section 2 (q) of the act of 2005 which provides that the 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 file a complaint against a relative of the husband or the male partner.5 ..... 5 ratan kanwar are concerned, they being female members, therefore, keeping in view the definition of respondent in section 2 (q) of the act of 2005, the proceeding against them may be quashed, but so far as the petitioners no. ..... 2 under the act of 2005 at bheem is not maintainable.4 ..... priyanka kanwar under the provisions of the act of 2005 is quashed. ..... be, within the local limits of which-(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or(b) the respondent resides or carries on business or is employed; or(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. ..... kanwar under the act of 2005. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicant herein has filed criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad on 22nd july, 2011 and those proceedings are pending before the said ..... criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad. ..... that, prior to filing this miscellaneous civil application, the respondent has filed proceedings bearing miscellaneous criminal application no.113 of 2012, before the principal seat of this court for transfer of proceedings from aurangabad to panvel court, but the applicant only with a view to counter blast the miscellaneous criminal application no.113 of 2012, has filed the present miscellaneous civil application by suppressing the material ..... it is true that, the respondent has filed the application for transfer of those proceedings from aurangabad to mumbai, however, said application is yet pending at principal seat of this court at bombay, however, the respondent has not invited any order staying aforesaid ..... being matrimonial proceedings, the family court, aurangabad on transfer, should decide hindu marriage petition no.8 of 2011 as expeditiously as possible, however, within six months from the first date of hearing, which will be fixed by the family court, aurangabad. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicant herein has filed criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad on 22nd july, 2011 and those proceedings are pending before the said ..... criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad. ..... that, prior to filing this miscellaneous civil application, the respondent has filed proceedings bearing miscellaneous criminal application no.113 of 2012, before the principal seat of this court for transfer of proceedings from aurangabad to panvel court, but the applicant only with a view to counter blast the miscellaneous criminal application no.113 of 2012, has filed the present miscellaneous civil application by suppressing the material ..... it is true that, the respondent has filed the application for transfer of those proceedings from aurangabad to mumbai, however, said application is yet pending at principal seat of this court at bombay, however, the respondent has not invited any order staying aforesaid ..... being matrimonial proceedings, the family court, aurangabad on transfer, should decide hindu marriage petition no.8 of 2011 as expeditiously as possible, however, within six months from the first date of hearing, which will be fixed by the family court, aurangabad. .....
Tag this Judgment!Court : Karnataka
..... ii mmtc, bangalore has filed this revision petition challenging the final order passed on 20.07.2013 in crl.misc.no.295/2011 and affirmation of the same in crl.a.no.407/2013 an appeal filed under section 29 of the protection of women from domestic violence act, 2005 (for short 'the act'). ..... of the matter is also taken into consideration while holding that the respondent has committed domestic violence. 9. ..... no.17 of the judgment, the learned judge of the first appellate court has held that the husband is not interested to live with the petitioner and this is evident from the contents of ex.p6 - the legal notice got issued by him through which he wanted the divorce by mutual consent. 14. ..... filed a petition under section 12 of the act against the respondent seeking monthly maintenance of rs.5,000/- per month, for grant of compensation of rs.2 lakhs, and to provide residence to her and protection order. ..... final order passed on 20.07.2013 was called in question by filing criminal appeal under section 29 of the said act before the sessions court, bangalore and the said appeal is dismissed after contest. ..... as on the date when the petition filed under section 12 of the act, respondent had also filed a petition seeking divorce and this was one of the grounds for the petitioner to ..... a petition filed by sri.v.k.anand seeking divorce from his wife - smt.sujatha. ..... viewed from any angle, no illegality or perversity is found in the order passed by the trial court and affirmation of the same by the first .....
Tag this Judgment!Court : Mumbai Nagpur
..... applicant prabha arora has moved the court of judicial magistrate first class for certain reliefs under the protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Mumbai
..... further, the family court had no jurisdiction in making the impugned order even before the main application under section 12 of the protection of women from domestic violence act, 2005 (d.v. ..... act provides that while disposing of an application under sub section (1) of section 12, the magistrate may, on being satisfied that the domestic violence has taken place pass a residence order ..... act enables an aggrieved person or protection officer or any other person on behalf of the aggrieved person to present an application to the magistrate to seek one or more reliefs under the d.v ..... there is no question of awaiting the disposal of the main proceedings under the hindu marriage act, 1955 and only at that stage making a residence order in terms of section 19 of the ..... 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. 7. ..... there is no basis to assume that the petitioner earns any rent from her own apartment, which incidentally is not even occupied by her and further the respondent pays rent of rs.9,000/- to her brother, in respect of the premises which she presently occupies along with her minor son. ..... act from the magistrate may also be sought in any legal proceedings, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent, whether such proceedings were initiated before or after commencement of the act. .....
Tag this Judgment!Court : Mumbai
..... no.68/2014 before the magistrate under section 12 of the protection of women from domestic violence act, 2005 ("the said act" for short) for various reliefs. ..... , section 20 of the said act provides for monetary relief which includes expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence. ..... section 18(c) envisages that protection order can be passed in favour of the aggrieved person thereby restraining the respondent from entering the place of employment of the aggrieved person or a child or its school or any other place frequented by the ..... in particular, under prayer clause 77(vii), a restrainment order is sought against the present applicant from making any contact with the respondent in any manner whatsoever whether physically, telephonically, electronically or ..... could appearing for the applicant very fairly did not dispute that under the provisions of the said act, relief can be claimed and granted in respect of the child including a male child. ..... it was contended that under the provisions of section 2(a) of the said act which defines an aggrieved person, it is only a woman who could be the ..... clause 77(viii), a claim of maintenance of rs.25,000/- per month has been made in respect of the child apart from the claim of rs.75,000/- per month in respect of wife. ..... outset, it is necessary to mention that there are various sections in the said act which contemplate grant of certain reliefs in favour of a child. .....
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