Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 5 of about 1,573 results (0.140 seconds)

Karthikeyan Vs. Sheeja

Court : Kerala

Reported in : II(2008)DMC92

..... respondent herein had approached the learned magistrate with an application under section 12 of the protection of women from domestic violence act, 2005. ..... passed against him in a properly instituted appeal under section 29 of the protection of women from domestic violence act, subject of course to the law of limitation. ..... writ petition cannot, hence, be entertained as the petitioner has an efficacious alternative remedy under section 29 of the protection of women from domestic violence act to challenge the said order. ..... learned counsel for the petitioner was requested to explain why he has come to this court with a writ petition and why the option to prefer an appeal under section 29 of the protection of women from domestic violence act has not been invoked. ..... learned counsel for the petitioner submits that the impugned order is only a procedural order and, therefore, under the impression that such an order is not appealable under section 29 of the act, no appeal was preferred and the petitioner has come to this court with this writ petition.3. ..... find no reason to entertain this writ petition at the instance of the petitioner who has a right of appeal under section 29 of the act. ..... petitioner must have challenged the order by a properly instituted appeal under section 29 of the act. ..... that application to set aside the ex parte order is dismissed on the ground that such a petition will not lie, the said finding/order is according to me certainly an appeal able order under section 29 of the act. .....

Smt. Leelavathi S. W/O M. Bhaskar Vs. Shri Murgesh S/O Dharmalingam,

Court : Karnataka

..... in support of the revision, the learned counsel submits that the learned magistrate has followed his own procedure to conduct the enquiry which is permissible under sub section 2 of section 28 of the protection of women from domestic violence act, 2005, he drew my attention to the said provision, which reads thus:(2) nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.10. ..... conspectus of provisions of protection of women from domestic violence act, 2005 make it abundantly clear that the aggrieved person has right to apply invoking section 12 of the act for benefits. ..... it is further alleged that since he neglected and committed all acts which constitute domestic violence, the petition invoking section 12 of the act was submitted which was investigated by a competent officer. ..... the course of enquiry, the petitioner was successful in establishing the matrimonial relationship and the act of domestic violence committed by the respondents. ..... , the learned magistrate has also directed the respondent to provide separate residence for petitioner and her daughter and restrained respondents from indulging in further domestic violence.8. ..... third respondent at the instigation of and in connivance of other respondents indulged in and committed the acts, which constitute domestic violence. ..... allegations made in the petition about the domestic violence are undoubtedly subject to proof. .....

Master Anant Narayan Rai and anr. Vs. Mr. Siddharth Rai and anr.

Court : Delhi

..... the plaintiffs under sections 18, 20 and 23 of the protection of women from domestic violence act, 2005 read with section 151 cpc seeking to direct the defendant no ..... 20 and 23 of protection of women from domestic violence act, 2005 and ia no. ..... she laid emphasis on well settled law that the wife under protection of women from domestic violence act not only requires to be maintained but also requires a ..... the domestic violence act, 2005 can ..... section 20 of the domestic violence act empowers the court to pass an order for grant of monetary relief to the aggrieved party, which may file civil and criminal cases by combining reliefs, to be paid by the defendant ..... jata shankar (fb) : air 1969 allahabad 526 that when the principal relief in the suit relates to hindu law of succession and not delhi land reforms act, the suit could be taken cognizance of by the civil court and the ancillary reliefs which could be granted by the revenue court may also be ..... for non joinder of parties as the hindu succession (amending act) of 2005 is not applicable with retrospective effect. ..... the amending act of 2005 of hindu succession act is not ..... the various provisions of the said act, this court is of the view that there is nothing bars this court from allowing the nature of prayer made ..... 1, his relatives, servants, agents and/or anyone else acting on his behalf from selling, transferring, alienating, mortgaging and/or creating third party rights and/or parting with possession of the properties detailed in schedule .....

Mrs. Sabah Adnan Sami Khan Vs. Adnan Sami Khan

Court : Mumbai

Reported in : 2010(112)BomLR1409

..... filed by the appellant-wife for divorce and her miscellaneous application under the provisions of the protection of women from domestic violence act, 2005 (for short, 'the domestic violence act') were tenable before the family court?2. ..... shall not proceed with the trial or hearing of the application under the domestic violence act for a period of six weeks from today. ..... shall endeavour to dispose of the petition expeditiously.insofar as the application under the provisions of the domestic violence act is concerned, liberty to the appellant to move the family court for interim order. ..... the respondent filed reply to the said application under the domestic violence act so also her written statement in which, for the first time, he brought out an issue that the appellant did not perform halala formalities before the second marriage and hence ..... the provisions of the domestic violence act before the family court are ..... under the domestic violence act. ..... the respondent filed a reply to her application under the domestic violence act. ..... on account of matrimonial discord, filed a complaint in the metropolitan magistrate court at andheri, (railway court), in february, 2009 under the provisions of the domestic violence act. ..... in the hands of the pre islamic arabs, who could keep their wives in a species of perpetual bondage, pretending to take them back after repeated divorcees, merely for the purpose of preventing the wives from re-marrying and from seeking the then much needed protection of a husband. .....

Smt. Sheetal W/O. Hitesh Thawkar Vs. Hitesh S/O. Vijay Thawkar and anr ...

Court : Mumbai Nagpur

..... 18 and 19 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act of 2005"). ..... merely because the divorce proceedings are pending between the husband and the wife, the same cannot deprive the applicant who was allegedly subjected to domestic violence from claiming residence in the shared household in the two storeyed building consisting of about eleven rooms. ..... object of the act of 2005 is to provide more effective protection to helpless and shelterless victims and to ensure the rights of women guaranteed under the ..... contended that the respondents had locked the entire building on 5.4.2010 and committed the act of domestic violence and deprived the applicant of shared household. 3. ..... thus, in a given case, woman who is victim of domestic violence occurring within the family in respect of which the complaint is made before the competent court, it is necessary for the magistrate, before whom the complaint is made, to pass an expeditious order at the interim ..... 18 and 19 of the act of 2005 in the court of j.m.f.c. ..... 29 of the act of 2005 mainly on the ground that the summons of the divorce proceedings in the family court were served at sahakar apartment, nagpur upon ..... the act of 2005. 13 ..... the act of 2005. ..... is to provide protection to the woman/complainant speedily under the act. ..... section 29 of the act do provide remedy of appeal within 30 days from the date on which the order made by the magistrate is served on the aggrieved person or the respondent as the case .....

Shri Vidyanidhi Dalmia Vs. Smt. Nilanjana Dalmia

Court : Delhi

Reported in : 150(2008)DLT19; I(2008)DMC848; 2008(102)DRJ611

..... the protection of women from domestic violence act, 2005 ('the domestic violence act') by section 17 enacts the right of a woman, to reside in a shared ..... to the rights asserted by the plaintiff, this recent enactment has clothed only wives and women in domestic relationships the right to remedies of the kind sought here; domestic violence has, in this context, been defined expansively to comprehend physical violence, verbal abuse, economic deprivation and so on.29. ..... the suit for restitution of conjugal rights is a matrimonial suit, cognisable in the divorce court, which is brought whenever either the husband or the wife lives separate from the other without any sufficient reason, in which case the court will decree restitution of conjugal rights (matrimonial causes act, 1950, section 15), but will not enforce it by attachment, substituting however for attachment, if the wife be the petitioner, an order for periodical payments by the husband ..... can be viewed in the light of law commission - seventy-first report on the hindu marriage act, 1955 - 'irretrievable breakdown of marriage as a ground of divorce', para 6.5 where it is stated thus:moreover, the essence of marriage is a sharing of common life, a sharing of all the happiness that life has to offer and all the misery that has to be faced in life, an experience of the joy that comes from enjoying, in common, things of the matter and of the spirit and ..... soured and parties sought relief under the domestic partners property act, 1996. .....

Surender Pathak Vs. Maya Devi

Court : Delhi

..... counsel states that if on mere assertions by women, men have to be summoned to face trial pertaining to the law of domestic violence, it would create a chaos and thus would urge that some prima facie proof in support of marriage needs to be filed when a complaint under the protection of women from domestic violence act 2005 is filed. 4. ..... in the complaint filed under section 12 of the protection of women from domestic violence act 2005, the respondent has alleged against the petitioner that after her late husband sh.harpal singh died, she and the petitioner got married on 28.1.1992 and since then had lived as husband and wife ..... highlighting that the daughter in question is the one born to the respondent from her previous husband, i conclude by holding that the respondent has prima facie shown evidence that the petitioner and she were having a relationship as husband and wife. ..... now, if a wife is thrown out lock, stock and barrel from her matrimonial house, it may happen that proof of her marriage would lie in the house and till she has access thereto, she may not be able to furnish prima facie proof of the same, but ..... with the counter affidavit filed, the respondent has filed photographs which she has obviously obtained from her daughter who got married on 26.11.2007. ..... shows the crying daughter placing her head on the shoulder of the petitioner akin to what we normally see when the girl leaves from the house after marriage. 8. ..... how many women in india possess such kind of documents .....

Master Ryan Thru Its Mother Mrs. Ridhima Juneja Vs. P.N. Juneja and So ...

Court : Delhi

Reported in : 163(2009)DLT14

..... filed a complaint under the protection of women from domestic violence act, 2005 (the 2005 act) before the ld. ..... the appellate court concurred with the trial court's findings about instances of domestic violence:keeping in view all these facts i fully agree with the opinion of the ..... trial court that there are instances of domestic violence and therefore, the respondent is entitled for a compensation of ..... court next considers whether the plaintiffs, in the overall circumstances of the case, would be equitably entitled to continue in the premises, in view of the materials on record, particularly the undisturbed findings regarding domestic violence against ridhima. ..... is stated that allegedly on 31.08.2007, deven had also made a query under the right to information act, 2005 and even there he had quoted the address of the premises. ..... has also received copy of summons dated, 02.01.2008, 13.08.2007 and 03.09.2007 sent to ridhima from the delhi legal services authority, pursuant to his application for legal aid/ advice, at the premises ..... 12605/2007, the plaintiffs sought interim orders to injunct the defendants from dispossessing them (plaintiffs) from ridhima's matrimonial home, of which they claim to be in constructive possession since allegedly all their clothes, ridhima's stridhan, dowry articles, personal belongings, car, ..... 50,000/-from the appellant under section 20 and 22 of the act.the matter was remitted, after which the magistrate again denied the order enabling her to enter the .....

Anilkumar and ors. Vs. Sindhu and ors.

Court : Kerala

Reported in : 2009CriLJ3530; 2009(2)KLJ152

..... one sindhu, the first respondent herein under section 12 of the protection of women from domestic violence act, 2005 (herein under referred to as 'the act') claiming relief's under sections 18, 19, 20, 22 and 23 of the act. ..... said to be a judicial magistrate of the first class within the meaning of section 27 of the protection of women from domestic violence act, 2005?ii. ..... be, the metropolitan magistrate, exercising jurisdiction under the code of criminal procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place.the word 'magistrate' occurring in section 27 of the act will have to be thus read and understood in the light of the definition of the word 'magistrate' contained in clause (i) of section 2 of the ..... which is competent to grant protection orders and other orders under the act as also the forum to try the offences under the act, is, by virtue of section 27 of the act, the court of the judicial magistrate of the first class (jmfc) within whose territorial limits, any of the jurisdiction facts envisaged by section 27 of the act, are present. ..... person aggrieved permanent or temporarily resides or carriers on business or is employed; or(b) the respondent resides or carriers 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. .....

Avijit Biswas.

Court : Kolkata

..... filed by avijit biswas praying for quashing of a proceeding under section 12 of the protection of women from domestic violence act, 2005 initiated by his wife on the ground of cruelty. ..... with an application under section 12 of the protection of women from domestic violence act, 2005, has nothing to do with such an allegation ..... i find sufficient materials in the petition of complaint for which an enquiry should be made by protection officer appointed for the purpose of this act in the district of nadia and submit report to the learned magistrate in order to enable him to pass an adequate order on the petition filed ..... it can well be said that the petition under section 12 of the act filed by the aggrieved wife contains violence within the meaning of the act and that empowers a court to take cognizance of the same and proceed in accordance ..... on behalf of the petitioner, any dispute as to the consent in a proceeding under section 13b of the hindu marriage act is to be considered by the court wherein the said application has been filed. ..... in the petition of complaint under section 12 of the act, specifically in paragraph 6, it has been averred that the signatures of the opposite party/wife were obtained forcibly and in paragraph 7, it has been averred that the said papers containing her signatures have been used in a proceeding under section 13b of the hindu marriage act for the purpose of getting a decree of divorce on mutual consent although the opposite party/aggrieved wife had .....