Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 20 of about 1,573 results (0.139 seconds)

Nilam Katara Vs. State Govt. of Nct of Delhi and Ors.

Court : Delhi

..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....

Sukhdev Yadav Vs. State and Anr.

Court : Delhi

..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....

State Vs. Sukhdev Yadav @ Pehalwan

Court : Delhi

..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....

Md Perwej Akhtar Alias Moti and Anr Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... 2 has supported the impugned order and has referred to various provisions of the protection of women from domestic violence act 2005 and has stated that if family members stay together jointly, liability can also be fixed apart from husband upon any of the relatives of the husband and therefore both the courts below have correctly interpreted the provisions of law and that directed both the petitioners to deposit one time payment by rs. ..... learned counsel submits that section 2 (q) of protection of women from domestic violence act 2005 defines shared household and since it is the joint family property the petitioner no. ..... 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; section 2 (q) of the protection of women from domestic violence act defines respondents which reads as under :- 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 ..... it would therefore appear that section 2 (q) and 2(f) if read together would reveal that an aggrieved wife can prefer an application under section 12 of the protection of women from domestic violence act against her husband, as well as relatives of the husband who are living together as a joint family. .....

Diwan Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

Reported in : AIR2011Del76(FB)

..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... 1.by the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent. 6. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service provider. ..... - (1) an aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. .....

Manju A. Nair Vs. State of Kerala, Represented by Its Public Prosecuto ...

Court : Kerala

..... the protection of women from domestic violence act 2005 is 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 and matters connected therewith or incidental thereto. ..... a learned single judge, while considering the question whether a mother could proceed against her daughter under the provisions of the protection of women from domestic violence act, taking note of the two decisions of this court in ramadevi v. ..... hence the following question was referred to a larger bench for an authoritative pronouncement on whether the proviso in the definition of respondent under section 2(q) of protection of women form domestic violence act (hereinafter referred to as the act) enables only an aggrieved wife or a woman living in a relationship in the nature of marriage, to proceed against the relative of the husband or the male partner as a respondent in a proceeding under the act, or, does it enlarge and include all persons falling under the definition of aggrieved person under the act. ..... as is clear from the statement of objects and reasons, the act was enacted keeping in view the rights guaranteed under articles 14, 16 and 21 of the constitution, to provide a remedy under the civil law which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. .....

SachIn Vs. Sau. Sushma

Court : Mumbai Nagpur

..... section 28 of the protection of women from domestic violence act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the protection of women from domestic violence act, 2005. ..... an application under section 12 of the protection of women from domestic violence act, 2005 before the learned magistrate. ..... of section 28 of the protection of women from domestic violence act, 2005 reads as under:- 28(2) ..... from the order of the learned magistrate that the learned magistrate was of the view that he could formulate his own procedure under section 28(2) of the protection of women from domestic violence act, 2005 ..... section 125(1)(a) of the code of criminal procedure are analogous to the reliefs available under section 20 of the protection of women from domestic violence act, 2005. ..... getting compliance of the orders passed by the magistrate under section 125(1) of the code will have to be followed for executing the orders passed by the magistrate under section 20 (monetary reliefs) of the protection of women from domestic violence act, 2005. ..... 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 .....

P.N.Elumalai Vs. E.Soundaravalli

Court : Chennai

..... as follows:- the respondent herein / complainant / wife has filed a case in c.c.no.4628 of 2009, on the file of ii metropolitan magistrate, egmore, chennai-8, against the revision petitioner / husband under section 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005, stating that her husband had treated her cruelly and physically tortured her. ..... c.c.no.4628 of 2009, filed u/s 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005, will not be applicable in the instant case.12. ..... (ii) d.velusamy versus d.patchaiammal reported in cdj2010sc951".protection of women from domestic violence act, 2005-section 2(f) - for getting maintenance under section ..... there were misunderstandings between the parties, as a result whereof, on 29th november, 2006, the respondent filed a petition before the magistrate under section 12 of the protection of women from domestic violence act, 2005, hereinafter referred to as the ".pwd act". ..... the wife mentally and physically as per section 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005?.".4. ..... no.v, chennai, confirming the conviction and sentence imposed in the judgment dated 24.08.2010 on the file of ii metropolitan magistrate, egmore, chennai made in c.c.no.4628 of 2009 convicting the petitioner u/s.18, 19(1)(2)(3)(4), 20(a), 20(b) and 22 of the protection of women and domestic violence act, 2005 and call for the records and acquit the petitioner from all the charges. .....

Rakesh Manhas Vs. Aruna Manhas

Court : Jammu and Kashmir

..... similar contentions having been raised in that case, high court after referring to relevant provisions of protection of women from domestic violence act, 2005 and the rules framed thereunder, which are similar to the act (j&k act), high court held: 7. ..... to quash a complaint (application) under section 12(1) of the jammu and kashmir protection of women from domestic violence act, 2010 (for short the act) filed against the petitioners by the respondent as also the order dated 27.01.2014 passed by the trial magistrate.2. ..... proviso does not mandate calling for a report from a protection officer or service provider but refers to any report received from a protection officer or service provider, which, however, would be available only in a case where information to the protection officer or a service provider about an act of domestic violence had been given by the aggrieved person himself or by any person . ..... it may be stated in this regard that the act is a welfare legislation to provide for effective protection of rights of women guaranteed under the constitution, who were victims of domestic violence. ..... it is seen that under section 4 of the act any person can give information of domestic violence to the protection officer and under section 10 an aggrieved person may approach a service provider to record a domestic violence report. .....

Kasturi Vs. Subhas

Court : Karnataka

..... 07/2017 and coming on - 3 - order in these petitions, the order passed by the trial court so also the appellate court in respect of proceedings under section 12 of the protection of women from domestic violence act, 2005 ( the act for short) are under challenge.2. ..... , 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 act 2005 read with rule 15(6) of the protection of women from domestic violence rules, 2006. . . 12. ..... , complaint could be filed only within a period of one year from the date of the incident in view of provisions of sections 28 and 32 of the act read with rule 15(6) of the protection of women from domestic violence rules, 2006. ..... learned single judge of delhi high court had held that it was with the view of protecting the rights of the women under articles 14, 15 21 of the constitution that the parliament enacted the act in order to provide for some effective protection of rights guaranteed under the constitution to the women, who - 13 - are victims of any kind of violence occurring within the family and matters connected therewith and incidental thereto, and to provide an efficient and expeditious civil remedy to them .....