Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 6 of about 1,573 results (0.065 seconds)

P. Chandrasekhara Pillai Vs. Valsala Chandran and anr.

Court : Kerala

Reported in : 2007CriLJ2328; I(2008)DMC83

..... order under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as '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, ..... no domestic violence as defined under section 3 of the act has ..... city police commissioner, trivandrum was further directed to give necessary protection to the first respondent for her peaceful residence in the home ..... the learned counsel for the respondent contends first of all that an appeal under section 29 of the act, (i extract the statutory provision below) will be available only after notice of the order is served ..... counsel for the respondent contends that though an appeal is maintainable under section 29 of the act, this is a fit case where notwithstanding the availability of that remedy this petition under ..... shall be open to the petitioner to raise appropriate contentions before the learned magistrate and the learned magistrate imbibing the sense of expedition, which is expected of him, under sections 12(4) and 12(5) of the act must proceed to dispose of the petition on merits, expeditiously and in accordance with law.16. .....

Dilip Bhattacharjee @ Raghu Bhattacharjee Son of Late Naresh Bhattacha ...

Court : Patna

..... they led complaints before learned subdivisional judicial magistrate, katihar under the provisions of section 12 of the protection of women from domestic violence act, 2005. ..... further, on reading of section 23 of the act, it is clear that the interim power has been given for an interim protection from domestic violence. ..... the said complaints having been filed alleging 'domestic violence', as such, application for interim relief as provided under section 23 of the said act were filed for grant of ad interim maintenance. ..... in my view, prima facie there are great doubts whether such a complaint, which is nothing but virtually a partition suit, would at all constitute domestic violence within the meaning of act. ..... all appears to be an ingenuous drafting and jugglery of words virtually resulting in a partition suit being decided in a domestic violation case which, on the face of it, would be arbitrary and on strength thereof conferring power to decide maintenance aspects in this jurisdiction would clearly be beyond jurisdiction. ..... 10,000/- to each per month and that too retrospectively from 2006, the date of enforcement of the said act which was 26.10.2006 even though the complaint itself was filed in 2008 and an application for interim relief filed subsequently. ..... petitioner has challenged such an order, inter alia, on the ground that the power to grant interim relief as envisaged under section 23 of the said act does not contemplate of such a maintenance order.2. .....

Sarbjyot Kaur Saluja and ors. Vs. Rajender Singh Saluja

Court : Delhi

Reported in : 148(2008)DLT650

..... the plaintiff consequently also seeks to amend the title of the plaint so as to incorporate the provisions of 'the protection of women from domestic violence act, 2005' which has been invoked on 17th october, 2006 as the court is competent to exercise its power conferred under sections 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005.5. ..... they also want to include the prayer regarding claim of maintenance of rs.1.5 lakhs from the defendants which was left inadvertently by them though various paras show that the plaintiffs have pleaded material facts seeking claim of maintenance from the defendant no. 1.15. ..... the learned counsel for the defendants have also relied on section 23 of the hindu adoption and maintenance act, 1956 to contend that the amount of maintenance to be awarded to a wife, children is to be based on various factors which are detailed in para 23(2) and (3) of the said act. ..... 6240/2005 pleads the facts regarding the plaintiffs being indigent persons along with the schedule of properties of the plaintiffs which has been duly verified. ..... 6240/2005 seeking permission to sue as an indigent person. ..... the plaintiffs/applicants contend that they have filed a suit for permanent injunction and maintenance against the defendants under sections 18, 20 and 23 of hindu adoption and maintenance act.3. .....

Jacob Kuruvila Vs. Merly Jacob

Court : Kerala

Reported in : 2010(1)KLT503

..... counsel further submits that the liability to pay maintenance is recognised by law in section 125 cr.p.c as also in the provisions of protection of women from domestic violence act, 2005. ..... that a defaulter may be compelled to make such payments under threat of coercive processes leading to deprivation of liberty under the provisions of the code of criminal procedure or under the domestic violence act cannot definitely be reckoned as an implied bar under section 9 of the code of civil procedure.23. ..... to maintenance of the wife is not created by the code of criminal procedure or under the domestic violence act. ..... the learned counsel contends that the parties are from travancore and the principles of common law are not applicable ..... the learned counsel further contends that section 7 of the divorce act, which now stands repealed, was available when the full bench delivered the judgment in cheria ..... husband is an income tax assessee as is revealed from exts.p6 and p7 returns/acknowledgments produced by him. ..... initiated by the wife and minor child, aged 28 years and 7 years respectively on the date of the application, claiming return of money, ornaments and maintenance from their husband/father and his father. ..... declared that a christian wife is entitled for maintenance from her husband is founded well on the principles of justice, equity and good conscience and in any view of the matter the former citizens of the erstwhile kingdom of travancore cannot claim exemption from that principle. .....

Abasaheb Yadav Honmane and Ashwini Abasaheb Honmane Vs. the State of M ...

Court : Mumbai

Reported in : 2008(2)MhLj856

..... the protection of women from domestic violence act, 2005, thus was introduced to provide greater safeguard and protection to the women, by providing a chance for resettlement of matrimonial home and relationship prior to actual registration of the crime under section 498a of the code. ..... the court also stated that the penal provisions of section 498a which are intended to protect women should not be used to harass relatives. ..... the radical change in judicial approach relating to criminal trial, protection of witnesses and the obligation of the presiding judge to play an effective role in the evidence collecting process and to elicit all relevant material necessary for reaching the correct conclusion to find out the truth and do justice have given rise to various seminal principles which would flow from the judgment of the supreme court in zahira habibulla h.shaikh and anr. v. ..... there is every likelihood that non-exercise of inherent power to quash proceedings to meet the ends of justice may amount to preventing women from settling earlier. ..... that the object of introducing chapter xx-a in ipc is to prevent torture to a woman by her husband or by relatives of her husband, also spelled out the need for caution by adding that a hyper-technical view would be counterproductive and would act against the interests of the women and against the object for which this provision was added. .....

Kavita Gambhir Vs. Hari Chand Gambhir and anr.

Court : Delhi

Reported in : 162(2009)DLT459

..... provisions of the protection of women from domestic violence act, 2005 could not be invoked in the present proceedings since no such case was pleaded by the appellant in her written statement and nor could she have done that since at the time she had filed her written statement this act had not even ..... that the appellant's occupation of the property in her possession was protected even under the protection of women from domestic violence act, 2005. 9. ..... be done only if there was necessary foundation laid in the written statement by alleging facts therein which, according to her, entitled her to get some benefit available under the said act of 2005 but she's did not lay any foundation in her written statement by seeking necessary amendment in the written statement and so she cannot be allowed to make any submissions based on the provisions of ..... the period prior to the institution of the suit or directing an inquiry as to such rent; (ba) for the mesne profits or directing an inquiry as to such mesne profits; (c) directing an inquiry as to rent or mesne profits from the institution of the suit until, - (i) the delivery of possession to the decree-holder, (ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the court, or (iii) the expiration of ..... wife cannot claim any right of occupation in the property owned by her in-laws as a 'shared household' as defined in section 2(s) of this act of 2005 entitling her to live there as a matter of right. 10. .....

J.K.Ram Prakash. S/O Sri.P.J.Krishna Murthy, and ors. Vs. Gayathri N. ...

Court : Karnataka

..... filed under section 482 cr.p.c, the petitioners have sought for quashing the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005 (for short the act') in crl.misc.no. ..... and 3 have no relationship whatsoever with respect to the allegations made in the petition since they resided about 350 kms away from the matrimonial home of the respondent while she was residing with the first petitioner in chennai, therefore, the allegations made in the petition with regard to the alleged domestic violence are all concocted only to make a ground for seeking the reliefs with the first petitioner; that on account of harassment ..... meted out to the first petitioner by the respondent, he was forced to resign from his job as such he is now without any job and is residing with his parents at. ..... filed under section 12 of the act, the respondent has made several allegations of domestic violence perpetrated on her by the petitioners ..... said mattes was still pending, the respondent herein filed petition under section 12 of the act against the petitioners herein. ..... the proceedings initiated by the respondent before the criminal court under section 12 of the act is liable to be quashed.4. .....

Smt. Abha Arora Vs. Angela Sharma and anr.

Court : Delhi

Reported in : 148(2008)DLT506; I(2008)DMC507; 2007(96)DRJ221

..... 1 had forcibly entered the house and occupied one room therein and thereafter filed a suit seeking an injunction against the plaintiff claiming protection of her right to residence in the matrimonial home under inter alias the protection of women from domestic violence act, 2005 (for short the 'pwdv act'). ..... under the pwdv act, in case of a finding of domestic violence, a residence order can be passed inter alia, restraining the respondent from alienating or disposing of the shared household or securing the same level of alternative accommodation enjoyed by the aggrieved person in a shared ..... in this behalf, learned senior counsel referred to the provisions of section 18 of the hindu adoption and maintenance act, 1956 to contend that the said provision entitles a wife to live separately from her husband without forfeiting her claim to maintenance where he treats her with cruelty as to cause reasonable apprehension of it being harmful or injurious to live with ..... submitted that the withdrawal is liable to be opposed on the principle of lis pendens under section 52 of the transfer of property act, 1882 as the withdrawal sought is intended to circumvent the jurisdiction of the court and to remove the subject matter of litigation from the ambit of the courts power and frustrate its decree. ..... respondent in that case relied upon the provisions of the pwdv act to contend that in view of the provisions of that act, the respondent cannot be disposed from the second floor of the property. .....

R. Ramu Vs. Smt. Leelavathi

Court : Karnataka

Reported in : 2010(1)KarLJ376

..... the matter arises under the protection of women from domestic violence act, 2005. ..... in view of the physical violence and mental violence she is taking treatment at a private nursing home and the husband has refused to pay the bills. ..... she would further allege that the husband has taken away the gold ornaments, two wheelers and cash which was realised from the sale of a site on 24-5-2006.3. ..... 20,000/- per month and compensation under section 22 of the act and for such other reliefs.2. ..... another contention is that she is getting enough rents from the buildings.5. .....

Aviral Bhatla Vs. Bhawna Bhatla

Court : Supreme Court of India

Reported in : 2009AIRSCW6622; (2009)3GLR2135(SC); 2009(2)KLJ116; 2009(1)OLR(SC)764; 2009(3)SCALE120; (2009)3SCC448; 2009(2)JT600.

..... a case under the protection of women from domestic violence act, 2005 being complaint case no. ..... dated 03.11.07, under section 12 of the domestic violence act, which is pending in the court of ..... 431 of 2008 before this court inter alia praying transfer of the petition under section 9 of the hindu marriage act, 1955 filed by the respondent pending before the chief judge, family court at gwalior and transfer of proceedings under section 125 criminal procedure code, 1973 filed by respondent pending before the ..... been filed by aviral bhatla (hereinafter referred to as the `husband') seeking transfer of several cases pending before learned chief judge, family court, gwalior, in proceedings under section 9 of the hindu marriage act, 1955 (in short the `act') and section 125 of the code of criminal procedure, 1973 (in short the `code'). ..... e-8/10, 3rd floor, malviya nagar, new delhi, within 7 days from the date of signing of the present petition, the same will be collected by the respondent and the expenses for the transportation will be borne by her.the respondent agrees and undertakes that after ..... , against petitioner and his family members under section 406 r/w 34 and 498a of the ipc read with section 4 of dowry prohibition act which is pending investigation in mahila police station padav, gwalior. ..... litigations between the parties are as follows:(i) the petitioner has filed a case/petition under section 13(1)(ia) read with section (iii) of the hindu marriage act, 1955 titled aviral bhatla v. .....