Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 4 of about 1,573 results (0.108 seconds)

Chithrangathan Vs. Seema

Court : Kerala

Reported in : I(2008)DMC365

..... is appealable under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the pwdv act' for short).3. ..... iii of the protection of women from domestic violence rules, 2006 ('the ..... (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under sections 18, 19, 20, 21 or, as the case may he, section 22 ..... section 23 clearly shows that in an appropriate case where the magistrate is satisfied that the application discloses that the respondent to the application is committing or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, the magistrate is empowered to grant an ex parte order (ad interim order) on the basis of an affidavit in form no. ..... has been approached, and any service provider located within the local limits of the jurisdiction of the court and if any service provider has registered a domestic incident report, to that service provider.thus, in all cases where the magistrate has passed any order under the act, he has to order that a copy of such order shall be given free of cost to the parties to the application besides to the other functionaries .....

Vijayalekshmi Amma Vs. Bindu

Court : Kerala

Reported in : 2010(1)KLT79

..... adduced clearly or manifestly fails to prove the charge.the question whether the extraordinary inherent powers under section 482 of code of criminal procedure is to be exercised by the court to quash a proceeding initiated under the protection of women from domestic violence act, 2005 is to be considered in the background of the settled legal position. ..... the file of judicial first class magistrate court-ii, thiruvananthapuram, a petition filed under section 12 of protection of women from domestic violence act, 2005, (hereinafter referred to as the act,) is the petitioner. ..... clear that the act was enacted to provide 'a remedy under civil law' to protect the woman from being victims of domestic violence and to prevent occurrence of domestic violence in the society ..... the statement of objects and reasons of the act reads:it is therefore proposed to enact a law 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 magistrate may after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from committing any acts as provided under clause (a) to clause (g). .....

Mrs.Sabah Sami Khan. Vs. Adnan Sami Khan.

Court : Mumbai

..... the case of domestic violence under section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... (1) while disposing of an application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order-(a) restraining the respondent from 18 wp-6625 dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives ..... in india, the wife s right to reside in a shared household is under section 17 of the domestic violence and matrimonial proceedings act, 1976, for which orders under section 19 thereof can be passed. ..... for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-(a) harms or injures or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic ..... came to be amended under section 3 of the domestic violence and matrimonial proceedings act, 1976. ..... this act itself falls squarely within the broad and inclusive definition of the domestic violence under section 3(a) and (d) of the d.v. .....

Archana Hemant Naik Vs. Urmilaben I. Naik and anr.

Court : Mumbai

Reported in : 2010CriLJ751

..... the revision applicant is an applicant in an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... the said reliefs are as under:(a) protection order under section 18 for prohibiting acts of domestic violence. ..... - (1) while disposing of an application under sub section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order - (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives ..... under section 2 of the said act, 'domestic violence' has been defined by clause (g) which provides that 'domestic violence' has the same meaning assigned under section 3.section 3 reads thus:3. ..... definition of domestic violence-for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it(a) harms or injuries or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic .....

Sulochana and anr. Vs. Kuttappan and ors.

Court : Kerala

Reported in : 2007CriLJ2057

..... section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') against an interim ex parte order passed under section 23 of the act? ..... (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or as the case may be, ..... section 2(s) and domestic violence is defined in section 2(g) read with section 3 of the act. ..... section and that (section 3) deals with the definition of the expression 'domestic violence'. ..... i am satisfied that the learned sessions judge can be directed to dispose of the appeal as expeditiously as possible -- at any rate, within a period of 15 days from 15-3-2007, on which date both parties/their counsel shall appear before the learned sessions judge and if the appeal is not posted for hearing to that date, the learned sessions ..... objects and reasons of the act clearly show that the act is a piece of civil law conferring on the victim women civil rights. ..... two views are possible, the one in favour of the target group -- the class of persons (victim women in this case) for whom benefit is sought to be conferred under the humane provisions of the act, cannot be lost sight of.14. .....

Sou. Sandhya Manoj Wankhade Vs. Manoj Bhimrao Wankhade and ors.

Court : Supreme Court of India

..... application no.203 of 2007, on 16th july, 2007, against all the respondents under sections 12, 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005, hereinafter referred to as "the domestic violence act, 2005". ..... the orders passed by the learned magistrate on 16th august, 2007 and 14th july, 2008, on the ground that being women they could not be made respondents in the proceedings filed by the appellant under the provisions of the domestic violence act, 2005, and that the matrimonial house of the appellant at khorej colony, amravati, belonged exclusively to ramabai, the respondent no.2 and mother-in-law of the appellant and did not, therefore, come within the definition of "shared ..... kabra submitted that it would be evident from a plain reading of the proviso to section 2(q) of the domestic violence act, 2005, that a wife or a female living in a relationship in the nature of marriage can, not only file a complaint against her husband or male partner but also against relatives of the husband or male partner. ..... learned counsel submitted that when the expression "female" had not been specifically included within the definition of "respondent" in section 2(q) of the domestic violence act, 2005, it has to be held that it was the intention of the legislature to exclude female members from the ambit thereof.11. .....

Rafat Araa Vs. Kamar Mirja

Court : Uttaranchal

Reported in : 2012(4)LRC478

..... moved an application under protection of women from domestic violence act, 2005, against the respondent pleading that she was being subjected to physical cruelty by the respondent to oust her from the house, they ..... household" is mentioned in clause (s) of section 2 of protection of women from domestic violence act, 2005. ..... section 29 of protection of women from domestic violence act, 2005. ..... :- " 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. ..... , 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; from the above definition of domestic relationship it appears that it is necessary that the aggrieved person should have related to the respondent by consanguinity, marriage or through the relationship in the nature of marriage, adoption or as a member of joint family. ..... it reads as under:-" 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 ..... domestic relationship" is given in clause (f) of section 2 of the act .....

Mohammad MaqeenuddIn Ahmed and ors. Vs. State of Andhra Pradesh and an ...

Court : Andhra Pradesh

Reported in : 2007CriLJ3361

..... filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') read with rule 6(1) of the protection of women from domestic violence rules, 2006. ..... to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may 'include, but not limited to,-(a) the loss of earnings;(b) the medical expenses;(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and(d) the maintenance for the aggrieved person as well as her children, if any, including an ..... the result, the criminal petition in respect of the first petitioner is dismissed and the criminal petition in respect of petitioners 2 to 11 is allowed by quashing the proceedings against them in domestic violence case (dvc) no. ..... the respondents in domestic violence case (dvc) no ..... the daughter of the second respondent is separately living since may 2004 and from then onwards, the first petitioner has not seen her in anywhere except in the ..... when the petitioner's daughter is away for marital life from the first respondent on account of his conduct, insisting for marital life by the first respondent amounts to harassing the petitioner's daughter and harming ..... the petitioners 2 to 11 are living separate from 3-9-2004 and after partition they are no way concerned with the happenings between the first petitioner and the daughter of the .....

M.A. Mony Vs. M.P. Leelamma and anr.

Court : Kerala

Reported in : 2007CriLJ2604; 2007(2)KLJ209

..... protection of women from domestic violence act, 2005 is a piece of legislation brought in by the parliament as the parliament felt that the civil law does not provide reliefs to a victim woman subjected to domestic violence ..... while those petitions were pending before the family court, the protection of women from domestic violence act, hereinafter referred to as dva, was enacted by the parliament and rules ..... aggrieved person of her right to approach the magistrate with a petition under section 12 of the protection of women from domestic violence act? ..... in these circumstances, to provide for a remedy under the civil law for protection of women from being victims of domestic violence, that the dva was brought in by the parliament. ..... decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved' person, the amount, if any, paid or payable in pursuance of the order made by the magistrate under this act shall be set off against the amount payable under such decree and the decree shall notwithstanding anything contained in the code of civil procedure, 1908 (5 of 1908), or any other 'law for the time being ..... local limits of which -(a) the person aggrieved permanently or temporarily resides or carries on business or is employed;(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. .....

K.E. Jose Vs. State of Kerala and anr.

Court : Kerala

Reported in : 2008(1)KLJ871

..... petitioner is the respondent in an application filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as domestic violence act). ..... learned counsel for the petitioner submits that in the light of the mandate under section 24 of the domestic violence act, there should not have been such delay in the furnishing of copies.6. ..... in the light of section 24 of the domestic violence act which is already extracted above, the burden is certainly on the learned magistrate to ensure that the copy is furnished to the parties as well as others specified in section ..... of conviction and sentence must be furnished to the accused can be complied by courts scrupulously, i can find no administrative bottleneck or difficulty which can stand in the way of the courts furnishing copies of orders passed under the domestic violence act as stipulated under section 24. ..... section 24 of the domestic violence act evidently of furnishing copies of the orders passed by he ..... section 24 of the domestic violence act reads as follows:court to give copies of order free of ..... grievance of the petitioner is now redressed to the extent that he has got the copy of the order and has filed an appeal under section 29 of the domestic violence act. ..... came rushing to this court on 15-03-2007 after the said order was passed on 14-3-2007 complaining that copy of the order has not been furnished to him by the learned magistrate as mandated under section 24 of the domestic violence act.3. .....