Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 8 of about 1,573 results (0.078 seconds)

Smt. Manju SharmA. Vs. Sh. Ravinder SharmA.

Court : Punjab and Haryana

..... and petition under section 12 of the protection of women from domestic violence act, 2005, filed by the applicant are pending adjudication ..... the entire record pertaining to the petition under section 9 of the act shall be sent by the trial court at ambala to the learned district judge, ludhiana, within three weeks, who will either himself dispose it of or entrust it to any other court of competent ..... respondent is already appearing in the two petitions filed by the applicant at ludhiana, i feel that no prejudice is going to be caused to the respondent in case the present application is allowed and the petition under section 9 of the act filed by the respondent is also shifted to ludhiana. ..... manju sharma', filed by the respondent, from the court of learned additional district judge, ambala, to the court of competent jurisdiction at ..... manju sharma' under section 9 of the act, pending in the court of learned additional district judge, ambala, deserves to be transferred to ..... , the applicant-wife has preferred the instant application under section 24 of the code of civil procedure, praying for transfer of the petition under section 9 of the hindu marriage act, 1955 (for short `the act'), titled as 'ravinder sharma v. ..... manju sharma' is withdrawn from the court of learned additional district judge, ambala, and is transferred to the court of competent jurisdiction ..... of the above, the instant transfer application is allowed and the petition under section 9 of the act titled as 'ravinder sharma v. .....

Shaleen Kabra Vs. Shiwani KabrA.

Court : Supreme Court of India

..... the appellant and the respondent have been living separately since 10.04.2007, and have been involved in various litigations since then, including a petition for divorce under section 13(1)(i) & 1a of the hindu marriage act, 1955 filed by the appellant-father and also proceedings under the protection of women from domestic violence act, 2005, initiated by the respondent-mother. ..... the appellant, who is an ias officer, stationed at jammu at present, had sought certain modifications in the arrangement of custody of the children, and also permission to take transfer certificates of the children from delhi and complete their admission in a school in jammu, and in this respect, moved applications dated 25.05.2010 and 22.06.2010 before the additional district judge. ..... so as to see that the respondent-mother is also not kept away from the children, she shall have a right to visit the children at least once in a month. ..... shall take effect from 1st june, 2012, the respondent-mother shall do the needful to send the younger son to the residence of the appellant-father before 15th may, 2012.21. ..... from the wedlock, two sons were born, who are approximately 15 and 9 years old. .....

Nidhi Kumar Gandhi Vs. the State and ors.

Court : Delhi

Reported in : 157(2009)DLT472

..... leading to the filing of the present appeal are that the petitioner on 5th october 2007 filed an application in the court of the learned additional chief metropolitan magistrate (acmm') under section 12 of the protection of women from domestic violence act, 2005 ('act'). ..... it cannot be used as a kitchen, the petitioner appearing in person states that she will use it for the said purpose to the extent that she can as long as her right to a separate entrance from the ground floor and duplicate keys to the main entrance and main door are provided to her. ..... the petitioner stated in the said application that she had been forcibly thrown out from her matrimonial home at c-36, pushpanjali enclave, pitampura, delhi-110034 along with her minor daughter ..... the learned asj further observed that no procedure has been prescribed in terms of section 28(2) of the act and therefore devising its own procedure the learned asj directed restoration of the status quo ante as on 20th december 2007 ..... )3scc169 it was contended by them that the expression 'shared household' occurring in section 2(s) of the act did not include the present premises since it was owned exclusively by the father. ..... it is indeed inconceivable how at an interlocutory stage where, given the purposes of the act, the question before the learned mm is of giving urgent relief, a final determination can ..... section 29 of the act an appeal has been provided to the court of sessions from the order of the ..... from a reading of the chapter iv of the act .....

Dr. Jaya Sagade, Director Vs. The State of Maharashtra

Court : Mumbai

..... the petitioner is a service provider under the protection of women from domestic violence act, 2005 (dv act) as part of women's study center of the ils law college, pune maharashtra (center) where she serves as professor of law. ..... indeed the statement of objects and reasons under the act dated 13th september, 2005 is to protect the woman from being victimized by domestic violence and to prevent occurrences of domestic violence in the society. ..... it is declared that any woman who has suffered any form of domestic violence as defined in the dv act and who has accessed the services of any service provider provided thereunder including ngos, counselors or the police may be counselled with regard to the course of action which she can take including joint counselling / ..... as pointed out to us in the submissions of the lawyer's collective, the failed settlement would itself tantamount to domestic violence upon which a domestic incident report (dir) could be filed under section 12 of the act to commence the judicial process in the magistrate's court. ..... the article on domestic violence legislation and implementation an analysis for asean countries based on international standards and good practices published by un women. ..... it is stated to be due to the wholesome services rendered by the service providers that several women have come forward to report domestic violence. .....

Prashant Pandit Salve and Others Vs. Suvarna Prashant Salve and Others

Court : Mumbai

..... firstly, that under section 12 of the protection of women from domestic violence act, 2005 (for short, the d.v. ..... the object of the act was, therefore, keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution and to provide for a remedy under the civil law which is intended to protect women from being victims of domestic violence. 20. ..... such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005. 17. ..... since, the 2005 act is aimed at protecting women against domestic violence, the submissions of the petitioners, if are accepted, would create an insulation to the female members of the husband's family who may go unpunished for acts amounting to domestic violence. 16. ..... the 2005 act has been introduced to protect women against domestic violence which is undoubtedly a human rights issue and is a serious deterrence to ..... it empowers the magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. .....

Ajay Kant and ors. Vs. Smt. Alka Sharma

Court : Madhya Pradesh

Reported in : 2008CriLJ264; I(2008)DMC1; 2007(4)MPHT62; 2007(4)MPLJ193

..... 848/07, whereby the learned magistrate had issued notice to the petitioners on an application filed by the respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act').2. ..... parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate;(f) causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection order.section 31. ..... 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--(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved .....

Purinma Sahni Vs. Rati Sahni and Another

Court : Delhi

..... in order to understand the scope of shared household and the rights of a wife therein under the protection of women from domestic violence act, 2005, as intended by the legislature, the division bench surveyed the policy underlying the protection of women from domestic violence act, 2005 and opined that the act was a social welfare legislation enacted for the benefit of women, keeping in view societal conditions whereby most married families in india, regardless of their religion or community, continued to live in premises owned by their parents. ..... taruna batra, the learned single judge of this court, vide order dated march 21, 2014 held that the property at b-44, vishal enclave was not shared household under section 2(s) of the protection of women from domestic violence act, 2005; that surender kaur was the sole owner of the property and as a consequence, navneet kaur, being the daughter-in-law of surender kaur, would have no right to stay in the property owned by her mother-in-law. 11. ..... the division bench held that in light of the judgment of the supreme court in taruna batra s case (supra) a wife could claim a right of residence under section 2(s) of the protection of women from domestic violence act, 2005 in the premises where she stayed along with her husband as a joint family with the owners of the premises, regardless of whether she or the husband had any right, title or interest in the shared household . .....

Sabita Mark Burges Vs. Mark Lionel Burges

Court : Mumbai

..... the specific statutory provision in india has been under section 19(1)(b) of the protection of women from domestic violence act, 2005 (d.v.act) in which various injunctions are granted in favour of a woman in respect of her residence titled ..... section 19 of the d.v act came to be enacted in the first place granting essentially the wives/women peace against domestic violence in their residence, their ..... 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 from entering any portion of the shared household in ..... came to be statutorily recognised in the u.k under the domestic violence and matrimonial proceedings act 1976 (d.v.act). ..... he also alleged that the wife's domestic violence caused his children to cry and scream mama stop hurting ..... the husband has alleged domestic violence at the hands of the wife, not only at her bare hands but also with ..... formalities it would not be prudent to allow the respondent to enter into the matrimonial home in view of the apprehended physical domestic violence. 21. ..... a battered wife had a right to be protected from the physical violence of her husband. .....

Dajvip V. Patkar Vs. Vina D. Patkar

Court : Mumbai Goa

..... be that as it may, the present dispute arises out of an application under section 12 of the protection of women from domestic violence act, 2005 (the act of 2005, for short), filed by the respondent before the learned magistrate, for various reliefs under sections 18, 19, 20, 21 and 22 of the act of 2005. ..... thus, it is clear that the act of 2005 makes provision for effective protection of the rights of women, who are subjected to the acts of domestic violence, as defined in section 2(g), read with section 3 of the act of 2005. ..... as noticed earlier, the act of 2005 is a piece of special legislation governing the field of effective protection of the rights of women, who are subjected to the acts of domestic violence, as defined under the said act. ..... the statement of object and reasons of the act of 2005 shows that the act of 2005 is enacted to provide for 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 for matter connected therewith or incidental thereto. ..... thus, the act of 2005 is a special law, governing the subject of domestic violence and the reliefs to be granted thereunder to the aggrieved person. 11. ..... in other words, the magistrate is clothed with the jurisdiction to grant various reliefs under the act of 2005, on finding that the woman/aggrieved person, subjected to the acts of domestic violence. .....

D. Velusamy. Vs. D. Patchaiammal.

Court : Supreme Court of India

..... having noted the relevant provisions in the protection of women from domestic violence act, 2005, we may point out that the expression `domestic relationship' includes not only the relationship of marriage but also a relationship `in the nature of marriage'. ..... however, the question has also be to be examined from the point of view of the protection of women from domestic violence act, 2005. ..... however, indian society is changing, and this change has been reflected and recognized by parliament by enacting the protection of women from domestic violence act, 2005.38. ..... :"2(a) "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";section 2(f) states :"2(f) "domestic relationship" means a relationship between two persons who live 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 ..... no doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or amend the law. .....