Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 16 of about 1,573 results (0.086 seconds)

1.K.Rajendran Vs. 1.Ambikavathy

Court : Chennai

..... 8.the specific argument advanced on behalf of the petitioners is that the learned judicial magistrate, valliyoor has recorded the sworn statement of the first respondent/wife and nowhere in the protection of women from domestic violence act, 2005, recording of sworn statement is permissible before passing an exparte order and in fact, the proceeding before the trial court under the protection of women from domestic violence act, 2005 is a civil in nature and therefore, a summary procedure is to be followed like that of the one followed under section 125 of cr.p.c. ..... petitioners, the learned counsel for the first respondent/wife submits that the learned judicial magistrate has passed final orders in d.v.o.p.no.29 of 2012 on 21.09.2012 and as against the said final order as per section 23 of the protection of women from domestic violence act, 2005 (act 43 of 2005), an appeal is to be preferred by the revision petitioners/respondents and in short, the present revision petition filed by them is not maintainable before this court. ..... 11.proceeding further, the learned counsel for the revision petitioners contends that as per sub section (2) of section 23 of the protection of women from domestic violence act, 2005, an affidavit in form not iii is to be filed by the first respondent/wife and no such affidavit has been filed by her and in fact, a sworn affidavit of the first respondent/wife cannot be construed as form iii. .....

Gangadhar Pradhan Vs. Rashmibala Pradhan

Court : Orissa

..... the facts and circumstances giving rise to the present writ petition are as follows: opposite party-rashmibala pradhan had filed an application bearing cmc no.116 of 2007 under section 12 of the protection of women from domestic violence act, 2005 (for short, act, 2005 . ..... to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. ..... the petitioner, since the act, 2005 came into force with effect from 26.10.2006, the domestic violence, if any occurred prior to that date the opposite party is not entitled to get any relief under the act, 2005 as the act, 2005 has no retrospective operation. ..... to enact a law keeping in view of the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.4. ..... the act, 2005 has been enacted to provide for more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind occurring within the family and for matter .....

Sarika Mahendra Sureka Vs. Mahendra and Another

Court : Mumbai

..... according to learned counsel for the appellant, the trial court has failed to consider these aspects and especially the appellant s right of residence in her matrimonial home, which is recognized under the protection of women from domestic violence act, 2005 (hereinafter referred to as, d.v. ..... hence keeping in view the rights guaranteed under article 14, 15, and 21 of the constitution of india and in order to provide for a remedy under the civil law, for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society, the act was enacted to provide her various reliefs. 43. ..... in such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005. 55. ..... no restrictive meaning has been given to the expression relative , nor has the said expression been specifically defined in the domestic violence act, 2005, to make it specific to males only . 14. ..... the other aspect, which this court wishes to highlight, is that the 2005 act applies to all communities, and was enacted "to provide more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family". .....

Krishna Bhatacharjee Vs. Sarathi Choudhury and Anr

Court : Supreme Court of India

..... husband, the first respondent herein, before the learned magistrate on the ground that the claim preferred under section 12 of the protection of women from domestic violence act, 2005 (for short, the 2005 act ) was not entertainable as she had ceased to be an aggrieved person under section 2(a) of the 2005 act and further that the claim as put forth was barred by limitation; preferred an appeal before the learned additional sessions judge who concurred with the view expressed by the learned magistrate, and ..... in view of the provisions of section 468 crpc, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... it has been held in inderjit singh grewal (supra) that section 498 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. .....

Arivazhagan Vs. 1. M. Uma

Court : Chennai

..... wherein at page 521 (delhi) it is observed and held as follows:- "in view of the fact that remedy by way of an appeal is provided under the protection of women from domestic violence act, 2005, he wishes to withdraw the petition with liberty to file an appeal in the court of the learned additional sessions judge (asj). ..... (filed by the first respondent/wife under section 128 of the criminal procedure code) is not maintainable to execute the order of maintenance passed under section 12 of the protection of women from domestic violence act, 2005, as if the said order and claim in m.c.no.5 of 2009 has been passed under section 125 of the criminal procedure code.5. ..... that ordinarily, the learned judicial magistrate exercising his functions under the protection of women from domestic violence act, 2005 as a criminal court inferior to the court of sessions and ..... it is open to the revision petitioner/husband to prefer an appeal as per the protection of women from domestic violence act, 2005 as against the impugned order dated 23/4/2012 in c.m.p.no.9429 of 2010 passed by the learned judicial magistrate, aranthangi in the manner known to law and in accordance with law ..... be that as it may, in view of the fact that as per section 29 of the protection of women from domestic violence act, 2005, there is an effective and alternative remedy of filing of an appeal by the revision petitioner/husband as against the order dated 23/4/2012 in c.m.p.no.9459 of 2010 (m.c.no.5 of 2009) passed by the learned .....

Smt. Preeti Satija Vs. Smt. Raj Kumari and anr.

Court : Delhi

..... importantly, the single judge was also aware of the fact that the appellant had relied on provisions of the protection of women from domestic violence act, 2005 (hereafter 200. ..... in such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005.15. ..... no rfa (os) 24/2012 page 18 restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the domestic violence act, 2005, to make it specific to males only.14. ..... the key to an understanding of the rights flowing from the domestic violence act, are concepts such as "domestic relationship'- which inter alia, is "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... ..... the other aspect, which this court wishes to highlight, is that the 2005 act applies to all communities, and was enacted "to provide more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring rfa (os) 24/2012 page 21 within the family". .....

V. Vinod Kumar Vs. V. Arunadevi

Court : Chennai

..... 2014, on the file of the learned judicial magistrate, ambattur, by which, the petition filed by mr.v.vinod kumar, husband/father of the minor child, sanjana and his mother, mrs.shanthi, under section 15 of the protection of women from domestic violence act, 2005, to provide assistance of medical and welfare experts to the wife/mother and to evaluate/assess her mental ability and attitude to contest the proceedings before the learned judicial magistrate, ambattur, has been dismissed. 3. ..... the protection of women from domestic violence act, 2005, 2005 (act 43 of 2005), is enacted to provide for more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind occurring within the family and for matters ..... application under section 25 of the hindu minority and guardianship act, 1956, read with section 6 of the act, is maintainable, still the rights of the wife/mother, to seek for interim custody of the child, under section 21 of the domestic violence act, 2005, pending disposal of the main petition, ..... section 21 of the domestic violence act, deals with the custody orders and the same is extracted hereunder: notwithstanding anything contained in any other law for the time being in force, the magistrate may, at any stage of hearing of the application for protection order or for any other relief under this act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and .....

Independent Thought Vs. Union of India

Court : Supreme Court of India

..... the position as on date is that under the protection of children from sexual offences act, 2012, juvenile justice (care and protection of children) act, child marriage restraint act, 1929, protection of women from domestic violence act, 2005, the majority act, 1875, the guardians and wards act, 1890, the indian contract act, 1872 w.p. ..... section 3 of the protection of women from domestic violence act, 2005 (for short the dv act ) provides that if the husband of a girl child harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of his wife including by causing physical abuse and sexual abuse, he would be liable to have a protection order issued against him and pay compensation to his wife. ..... under the protection of women from domestic violence act, 2005, a child has been defined under section 2(b) to mean any person below the age of 18 years.17. ..... protection of women from domestic violence act, 2005 (dv act) 34. ..... survey of the various statutes referred to above that a child is a person below 18 years of age who is entitled to the protection of her human rights including the right to live with dignity; if she is unfortunately married while a child, she is protected from domestic violence, both physical and mental, as well as from physical and sexual abuse; if she is unfortunately married while a child, her marriage is in violation of the law and therefore an offence and such a marriage is voidable at her instance and the .....

Smt. Neetu Singh Vs. Sunil Singh

Court : Chhattisgarh

Reported in : AIR2008Chh1

..... legality and correctness of the order dated 15-6-2006 passed by the judge, family court, bilaspur on an application filed by the appellant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act, 2005') whereby learned judge, family court held that since application has been filed under section 12 of the act, 2005, which ought to have been filed before the magistrate and the relief sought for falls under the jurisdiction of the civil court, therefore ..... , in order to provide a remedy in the civil law for the protection of women from being victim of domestic violence and to prevent the occurrence of domestic violence in the society for the protection of women from domestic violence, the act, 2005 has been enacted by the parliament. ..... the fact that domestic violence is undoubtedly a human right issue and serious deterrent to development, this law has been enacted keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. ..... the act, 2005 has been enacted, as the united nations committee on convention on elimination of all forms of discrimination against women in its general recommendations recommended that state parties should act to protect women against violence of any kind, especially that occurring within the .....

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and Another

Court : Andhra Pradesh

..... in the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs under the protection of women from domestic violence act, 2005 (for short "the act") against the petitioners in criminal petition no.2539 of 2009. ..... unambiguously noting that if the remedies provided under sections 18 to 22 of the act are applicable prospectively to acts or omissions of domestic violence that occurred prior to 26-10-2006, then the aggrieved person who suffered violence prior to that date would be deprived of claiming any relief under the act, the learned judge found no justification or reason to deny certain remedies available to women who suffered domestic violence prior to 26-10-2006 as such a narrow interpretation will defeat the object and purpose of enacting the act. ..... as the female relatives of the husband or male partner are, thus, not excluded from the applicability of the act, if it is otherwise applicable, the domestic violence case against the 3rd petitioner cannot, therefore, fail on the ground of her sex.18. .....