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Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 7 of about 1,573 results (0.077 seconds)

Aug 23 2007 (HC)

Anupam Sharma Vs. Nct of Delhi and anr.

Court : Delhi

Reported in : 146(2008)DLT497

..... also initiated under the protection of women from domestic violence (act) 2005. ..... complainant was misled into compromise, oblivious of the fact that her compromise encompassed the quashing of an offence of cheating, no doubt, non-disclosure of the status a party at the pre-marriage stage would be an act of deception for the reason whether a party is a divorcee or not is a material fact but the question would arise in the instant case, whether any such deception existed.74. ..... in para 7 of the decision in biman chatterjee's case (supra) their lordships have observed:here we hasten to observe first of all from the material on record, we do not find that there was any compromise arrived at between the parties at all, hence, question of fulfilling the terms of such compromise does ..... with the plethora of laws operating in the filed of domestic disputes, courts have been choked by multiplicity of proceedings arising out of a ..... she pleaded as under:the submission of the respondent is false and baseless as is evident from the orders enclosed with the application of the respondent that the compromise of the petitioner with the respondent was for quashing fir under section 406/498a/34 ipc and for ..... anu gautam informed the acp, crime against women cell, kirti nagar that her statement in court on 25.1.2003 was not voluntary and that she ..... from the said 3 proceedings which are penal in nature, a divorce proceeding is initiated in which application under section 24 of the hindu marriage act springs .....

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Jun 30 2010 (HC)

Ashish Bhowmik and anr. Vs. Tapasi Bhowmik and anr.

Court : Kolkata

..... on the other hand, the wife has no independent source of income and so she has prayed for protection in accordance with the provisions of the sections 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005. ..... upon consideration of the materials placed before her along with the report of the protection officer, the learned chief judicial magistrate directed the petitioners to provide residential accommodation to the wife and her daughter in their shared house. ..... the learned chief judicial magistrate directed the protection officer to submit a report on the basis of the allegation made by the wife and the protection officer held an enquiry and thereafter he submitted a report. ..... as regards other claims, those are to be decided separately and one litigation is pending as i find from the materials available.5. ..... 15,000/- per month from her properties. .....

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Feb 03 2011 (HC)

Sri R Srinivasan. S/O a S Ramaswamy Iyengar, and ors. Vs. Vaishnavi. W ...

Court : Karnataka

..... mis.no.72/09 before the trial court u/s 12 of the protection of women from domestic violence act, 2005, sought for maintenance arid the said petition was also resisted by the husband who is the petitioner in crl ..... the respondents are restrained from causing domestic violence against the petitioners in ..... salary that he gets as a supervisor and this is spoken to by the husband in the course of his evidence and moreover the husband has been paying rs.3,000/- per month towards the rent and apart from that, the husband is also taking care of the expenses towards child's education which comes to rs.3,000/- per month and he is also paying the electricity bill and the cable charges and all these put ..... further submission made by the learned counsel is that, as far as wife is concerned, though ^he is an advocate and has got experience of having worked in various advocates firms and was also earning good amount from her profession, later on, the wife gave up her job at lexis - nexis company at chermai and came to bangalore and the wife at present is only fighting the litigations which are pending in various courts and ..... , the husband is also running a consultancy in the name of his father which is known as 'ramaswamy iyengar associates' and the husband of the 1stpetitioner is getting huge income from the real estate business and in this regard reference was made to certain pamphlets and the plan which were marked in evidence before the trial court as ex.p7 and p9 to contend that when the .....

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Jun 03 2011 (HC)

Dev Raj Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

..... the grievance of the petitioner in this petition is that the learned judicial magistrate ist class, court no.1, dharamshala has no jurisdiction to entertain the complaint in terms of section 27 of the protection of women from domestic violence act, 2005, which provides: 27. ..... be, within the local limits of which- (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (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 oders under this act and to try offences under this act. ..... (2) any order made under this act shall be enforceable throughout india. 2. .....

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Dec 20 2007 (HC)

M. Nirmala Vs. Dr. Gandla Balakotaiah

Court : Andhra Pradesh

Reported in : 2008(3)ALD486; 2008(2)ALT241

..... relied on section 19 of the protection of women from domestic violence act, 2005 (for short, 'the act'). ..... non for an order under section 19 is an application under section 12 before the magistrate and the magistrate has to satisfy himself before passing an order under section 19 that domestic violence has taken place. ..... question of section 19 of the act, it has to be read along with section 12 because, it comes into play when an application has been made under section 12 and an aggrieved person or a protection officer or any person on behalf of the aggrieved person can make an application to the magistrate seeking an order or relief under the act. ..... she submitted that the respondent had been resorting to several tactics in order to dispossess her from the petition schedule property and he was sending strangers to the house, who, in turn, were claiming that they were prospective ..... in the counter-affidavit filed by respondent, he stated that he had purchased the property from out of his own funds and neither the petitioner nor her family members contributed any amount in purchasing the same and agreed that since february, 1997, the petitioner is staying ..... she submitted that respondent had purchased the schedule property from out of the funds given by her and her family members, but the property was purchased in the name of the ..... she had filed a suit for perpetual injunction, but from the impugned order it appears that such an argument was made before the family court and the argument .....

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Sep 30 2008 (HC)

Neetu Mittal Vs. Kanta Mittal and ors.

Court : Delhi

Reported in : AIR2009Delhi72; 152(2008)DLT691; 2008(106)DRJ623

..... she referred to protection of women from domestic violence act, 2005 and argued that the right of women to live in the shared household was to be protected by every court and the house of in-laws was a shared household and a matrimonial home and she had a right to live there.7. in ..... is because of love, affection, mutual trust, respect and support that members of a joint family gain from each other that the parents keep supporting their sons and families of sons. ..... these circumstances, the learned senior civil judge allowed the application under order 39 rule 1 and 2 cpc and restrained the defendants (petitioner herein) from forcibly entering into their house and disturbing the peaceful possession of the respondents.6. ..... they had shown by filing medical record that they were suffering from various ailments and at this age of their life they have a right to live peacefully at their ..... 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 or mother ..... is aggrieved by an order dated 4th january, 2006 passed by the learned additional senior judge allowing an appeal of the respondent against order dated 24.5.2005 of civil judge dismissing an application under order 39 rule 1 & 2 cpc.2. ..... consider that the order passed by the learned senior civil jude granting injunction does not suffer from any illegality and the petition is hereby dismissed. .....

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Jul 29 2011 (HC)

Ramniwas Vs. Smt. Seema

Court : Rajasthan

..... seema filed an application in the trial court under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') along with an application for interim maintenance under section 23(2) of the act. ..... courts below for awarding interim maintenance in favour of respondent and after considering the same, i find that both the courts below have assigned cogent reasons for allowing the application under section 23(2) of the act. .....

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Jul 29 2011 (HC)

Dhanraj Vs. Smt.Kavita

Court : Rajasthan

..... submission of learned counsel for petitioner is that respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (for short act of 2005), which was dismissed by judicial magistrate, ramgunjmandi, kota vide its order dated 15th december, 2007, therefore, respondent was not entitled for any maintenance ..... it is submitted that maintenance could have been granted under section 12 of the act of 2005 also, but since her application was dismissed, therefore, court below committed an illegality in allowing the application under section 125 crpc. 4 ..... both the proceedings are separate and separate evidence was recorded in both the cases, therefore, even if, application under section 12 of the act was dismissed, the same cannot be a ground to reject the application under section 125 crpc. 6. ..... the course of arguments, learned counsel for petitioner admits that both the proceedings are separate proceedings, separate evidence was recorded in both the cases, no amount of maintenance was awarded under section 12 of the act of 2005. 5. ..... case no.650/2005, whereby an application filed by respondent/ wife under section 125 crpc for grant of maintenance was allowed and non-applicant/petitioner/husband was directed to pay a sum of rs.1500/- per month towards maintenance to wife with effect from 1st march, 2008. ..... from the order dated 15th december, 2007, it is clear that a reference was given of present application under section 125 crpc for grant of .....

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May 22 2009 (HC)

Sonia Mann Vs. State and anr.

Court : Delhi

Reported in : 160(2009)DLT385

..... sonia mann filed a complaint under the protection of women from domestic violence act, 2005 ('pwdva') which was numbered as cc no. ..... 1 still feels duty bound to protect the petitioner/application from anybody else subject to his limits. ..... ' it was added that gaurav mann 'is duty bound to protect and to provide a good environment to the child for her proper upbringing and to the petitioner/application being the mother of the child. ..... in the reply of the remaining respondents it was stated that they were 40 to 60 km, away from the place where sonia mann was living and therefore they were not concerned in any way with the disputes concerning sonia mann, her husband and her in-laws.12. ..... she prayed for the passing of a protection order under section 18, a residence order under section 19, monetary relief under section 20 and compensation for damages under section 22 of the pwdva. ..... the respondents have admitted her claim to the shared household and therefore, the respondents are restrained from obstructing the entry or exit of the petitioner from the portion of the shared household wherein she resides. ..... therefore there was no justification in restraining gaurav mann, ishwar singh and barfo rani and the other respondents in the complaint case from alienating or disposing of the remaining portion of the property in question. ..... it is made clear that within a period of three weeks from today and in any event not later than 15th june 2009 the aforementioned portion will be clearly demarcated. .....

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Apr 09 2008 (HC)

Smt. Mira Das Vs. Ms. Dipali Dey (Baxi)

Court : Kolkata

Reported in : (2008)2CALLT269(HC)

..... drew the attention of this court to paragraph 29 of the said reports while submitting that the opposite party is entitled to take shelter under the provisions of the protection of women from domestic violence act, 2005. ..... of 2001) against the petitioner praying for a declaration that the plaintiff/opposite party is a premises tenant in respect of the suit property under the defendant/petitioner, permanent injunction restraining the petitioner from dispossessing the opposite party from the suit property and/or creating any hindrance, obstruction in the peaceful possession of the opposite party and for mandatory injunction directing the petitioner to restore water and electric supply line in the suit ..... in view of the discussions made above, this court is of the view that the learned lower appellate court acted illegally and with material irregularity in dismissing the appeal and thereby affirming the order of the learned trial court which directed the petitioner to restore the supply of electricity to the suit ..... appears that some of the provisions of the hindu adoption and maintenance act, 1956 were also considered by the hon'ble supreme court. ..... it further appears from a perusal of the facts, as contained in the said reported case, that the matrimonial court concerned, in the said reported case, while dissolving the marriage under section 13(b) of the hindu marriage act, 1955 ordered the husband of the appellant to pay a certain sum of money per month for the maintenance of the minors .....

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