Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 2 of about 1,573 results (0.150 seconds)

Kusum Lata Sharma Vs. State and anr.

Court : Delhi

..... nagender vashishtha & ors" received summons from the court of learned metropolitan magistrate under section 12 of the protection of women from domestic violence act, 2005(in short the act) to appear on 8th march, 2011. ..... 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 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. ..... thus, a perusal of section 2(a) and 2(f) of the act shows that any woman who is in a domestic relationship, the said domestic relationship being one between two persons who lived at any point of time together in a shared household related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or family members living as a joint family and alleges that she has been subjected to any domestic violence by the respondent is entitled to relief under the act. 8. ..... the relevant sections read 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; (b)....................... (c)....................... (d)...................... (e)...................... .....

.Nagasundaram Vs. Anitha

Court : Chennai

..... , which is also pending in m.c.no.10 of 2011.5.the first respondent also gave a complaint on 6.7.2011 under the protection of women from domestic violence act, 2005 for restoring her to her marital home. ..... the enquiry conducted by the second respondent is warranted in terms of section 9 of the protection of women from domestic violence act, 2005. ..... of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;(c)to make an application in such form and in such manner as may be prescribed to the magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;8.the second respondent is the notified protection officer in terms of section 2(n) read with section 8(1) of the act. ..... the petitioner cannot forestall the first respondent approaching the statutory forum to ventilate her grievance and in the forum provided under the domestic violence act in addition to the other reliefs that are available to the party either before a civil court or family court or criminal court. ..... she was duty bound to enquire into all complaints by virtue of the domestic violence act. .....

Rajkumar Rampal Pandey Vs. Sarita Rajkumar Pandey

Court : Mumbai

Reported in : 2008(6)BomCR831

..... the respondent-wife moved an application before the family court, bandra under section 26 of the protection of women from domestic violence act, 2005 ('the domestic violence act' for short) to seek declaration that she has a right to reside in the shared house i.e ..... before embarking upon the rival submissions it is necessary to note that the domestic violence act was enacted on 13th september, 2005 to provide more effective protection of the rights of women, guaranteed under the constitution, who are victims of violence within the family and to deal with the matters connected therewith or incidental ..... the purpose of the act is to provide remedy in the civil law for protection of women from being victimised by domestic violence and to prevent the occurrence of domestic violence to the society.11 ..... court, after hearing both parties, was pleased to partly allow the application with the result the petitioner-husband and all relatives were permanently restrained from committing any act of domestic violence and in turn rejected prayer of respondent-wife to prevent the petitioner's mother and sister from entering in the shared household.being aggrieved by the aforesaid order, to the extent it is adverse to the petitioner, he has invoked writ jurisdiction of this court under article ..... learned counsel appearing for the petitioner urged that the application under section 26 of the domestic violence act was not maintainable and that the subject-flat cannot be termed as the shared household. .....

Kishor S/O Shrirampant Kale Vs. Sou. Shalini W/O Kishor Kale,

Court : Mumbai

Reported in : 2010(112)BomLR1398

order(i) rule is, therefore, made absolute and it is held that misc. criminal complaint case no. 314/2007 before the judicial magistrate first class, court no. 5, amravati under section 12 r/w sections 19 and 20 of the protection of women from domestic violence act, 2005 is not maintainable and is thus quashed and consequently, all the orders passed in the said complaint by the courts below are quashed.no order as to costs.

Shanker Vs. Meena

Court : Delhi

..... submitted that under section 12(2) of the protection of women from domestic violence act, 2005, the relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent. 12. ..... counsel for respondent further submitted that the said janta flat at narela was purchased during the pendency of the proceedings under the protection of women from domestic violence act, 2005. ..... further she submits that under rule 6(5) of the protection of women from domestic violence rules, 2005, which reads as under:- "6.applications to the ..... until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such magistrate may consider any ..... it is thus stated that the petitioner now cannot be permitted claim the additional maintenance @ rs.2000/- per month and from the conduct of the parties as pointed out hereinabove, it is very clear that the order of interim maintenance was only for rs.2000/- per month and not @ rs.2000/- per month for each of the petitioners." .....

Priya Vs. Shibu and ors.

Court : Kerala

Reported in : 2008(3)KLJ304

..... the interesting question which is raised in this revision is as to whether a divorced wife is entitled to file a petition under section 12(1) of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') claiming return of dowry and ornaments and also for maintenance payable under section 125 of cr.p.c.2. ..... 50,000/- for the mental and physical loss sustained by the applicant on account of the domestic violence committed by the respondents.the revision petitioner also filed cmp 284/2007 under section 23 of the said act for interim maintenance at the rate of rs. ..... in the course of the judgment, the additional sessions judge took the view that going by the definition of aggrieved person contained in section 2(a) and the definition of 'domestic relationship' contained in section 2(f) of the act, unless the applicant has the present status as a 'wife' or is at least in a 'domestic relationship' with the respondent on the date of the application, she cannot maintain an application under section 12 of the act and if so, no interim order also could be granted to the applicant under section 23 of the ..... it is true that on 11.1.2007 when the revision petitioner, priya approached the magistrate under section 12(1) of the act, she was already a divorced wife, her divorce having been declared with effect from 13.5.2005 by the family court, alappuzha. .....

Smt. Shumita Didi Sandhu Vs. Mr. Sanjay Singh Sandhu and ors.

Court : Delhi

Reported in : 2007(96)DRJ697

..... additional grounds holding that the house in question cannot be said to be 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 and made following pertinent observations in the process:24. ..... , would have the right to remain in that matrimonial home as long as she is married and if she is 'obliged' to leave that matrimonial home, i think she would be entitled to obtain an injunction from an appropriate court protecting her right and preventing her from being thrown out.13. ..... counsel submitted that when the possession of even a trespasser is protected and he was not liable to be evicted except in due course of law and was entitled to defend his possession even against the rightful owner, the respondent's case was on a ..... they further pointed out that even as per the plaintiff's own admission, at least from the year 2003 she had left the matrimonial house for good, whether the cause was ..... because of the perpetrated acts of physical violence, fearing danger to her life and limb, the plaintiff was forced to leave the matrimonial home ..... to severe violence from the defendant ..... the fact of the matter is that amit batra applied for a divorce from the petitioner (although the divorce petition is now said to have been dismissed ..... there is no such law in india, like the british matrimonial homes act, 1967, and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law .....

ifci Limited Vs. Narender Kumar

Court : Delhi

..... she also states that she has filed legal proceedings for maintenance and under the protection of women from domestic violence act, 2005 against the respondent / alleged contemnor and which proceedings are still pending. ..... pushpa under the domestic violence act, in which, it was clarified that there is no stay against the dispossession of smt. ..... it was further clarified that the arrears if any of licence fee / rent due with respect to the said accommodation be not deducted from the said amount and are to be adjusted / deducted out of the pension due in future to the respondent / alleged contemnor. ..... the respondent / alleged contemnor appearing in person, after understanding from the counsel who was earlier appearing for him, has stated that for the lapse committed by him in not informing to the court on 7th february, 2011 that in fact it was his wife who was in possession, he is willing that all the arrears of `6,00,000/- or more which are due to him from petitioner / relator, be released directly to his wife smt. ..... pushpa and he himself was ousted from the said flat four years ago and has been residing at faridabad for the last four years. 3. ..... she further states that the respondent / alleged contemnor has intentionally given an undertaking in this court to vacate the accommodation so as to oust her from the said accommodation. 4. ..... pushpa from the aforesaid accommodation. .....

K.Niranjani Vs. R.T.Dinesh, and ors.

Court : Chennai

..... 18, 19, 20(1) & 22 of the protection of women from domestic violence act, 2005, which was taken on file in d.v.a.c.no.1 of 2010 and interim order of rs.25,000/- per month has been awarded to the wife as maintenance and the right of residence was ordered. ..... the wife/appellant filed an application under domestic violence act against her husband and in-laws and obtained interim order of rs.25,000/- as maintenance and her right of residence was modified, against which, both husband and wife preferred appeals in c.a.no.39/2010 for reducing interim maintenance ..... she filed an application under domestic violence act and obtained an interim order of rs.25,000/- per month as interim maintenance, against which, both husband and wife preferred appeals in c.a.nos.39 and 46 of 2010 respectively. ..... since it is a matrimonial dispute and the complainant is residing away from her matrimonial home, the learned magistrate has to give one more opportunity to put forth her case. ..... is directed to dispose of the matter within a period of 45 days from the date of receipt of copy of this order on day to day basis. ..... as the wife/appellant herein was also suffering from stomach pain, she sent the medical certificate through her uncle and on her behalf, her uncle appeared before the court. ..... ) sub-court tambaram in respect of divorce petition filed by the husband under section 13(1)(i)(a) of the hindu marriage act. .....

Eveneet Singh Vs. Prashant Chaudhari and anr.

Court : Delhi

..... section 2(s) of the protection of women from domestic violence act 2005, (herein after referred to as 'the act') defines 'shared household' as under:-"2(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 ..... and thereafter abandon her requiring rent to be paid or face eviction therefrom and additionally on the ground that the appellant has a right to be protected in the shared household and has a right to restrain her mother-in-law and her husband to dispossess her from the shared residence, claim was raised in cs(os) no.1307/2010 which appears to be a counterblast to cs(os) no.505/2010 whereunder appellant's mother-in- ..... the same being the absolute property of appellant's mother-in-law, we concur with the view taken by the learned single judge inasmuch as vide clause (f) of sub-section 1 of section 19 of the act, in lieu of the shared accommodation, a court can direct the opposite party to secure same level of alternative accommodation for the aggrieved person as enjoyed by her in the shared household or to pay ..... of sub-section 1 of section 19 of the act would be the extreme ill health of the mother-in-law of the appellant; medical documents pertaining to whom would show that she suffers from 'tachycardia' with heart muscles functioning at about 20% .....