Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 9 of about 1,573 results (0.106 seconds)

Nagamuthula Kondaiah Vs. State of A.P., Rep. by P.P. and Another

Court : Andhra Pradesh

..... the complainant filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioners herein to pass protection orders, residence order, maintenance order, custody order and to pay monetary relief compensation order and any other reasonable order ..... filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioner herein with a plea to restrain him from dispossessing her from shared household and also to pay compensation. 3. ..... 2(a), 2(f), 2(g), 2(q), 2(s) and 3 coupled with sections 18 to 22 of the protection of women from domestic violence act, 2005 (for short the act) are to be considered. ..... for the purpose of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case if- (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and ..... for the purpose of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case if- (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and .....

Tehmina Qureshi Vs. Shazia Qureshi

Court : Madhya Pradesh

Reported in : 2010(1)MPHT133

..... nutshell giving rise to this petition are that respondent has filed one application under section 12 of protection of women from domestic violence act, 2005 (in brevity 'the act of 2005') against petitioner and others in the court of jmfc, gwalior. ..... it is well known that protection of women from domestic violence act, 2005 came into force from 26th october, 2006, vide ..... cannot be made respondents in proceedings under the protection of women from domestic violence act, 2005.8. ..... opposed the application and submitted that while disposing of the application under sub-section (1) of section 12 of the act of 2005, magistrate may on being satisfied that domestic violence has taken place, pass a residence orders vide section 19 of the act:(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 .....

Pradyumna S. Harish Vs. the State by Jayanagar Police Station and Anot ...

Court : Karnataka

Reported in : ILR2010KAR4217.

..... bangalore, under the provisions of protection of women from domestic violence act, 2005 find in the said complaint, a specific allegation as regard to this accused indulged in sexual acts with the complainant was alleged and on the basis of the said allegation, the case was conducted and by order dated 15.4.2010, the miscellaneous proceedings came to ..... case, there is no dispute that, the earlier proceedings were initialed under the provisions of the protection of women from domestic violence act" and not for any of the offences under the provisions of i.p.c. ..... submitted that, the petitioner was tried under the provisions of section 12 of the protection of women from domestic violence act (in shol referred to as 'act') in c.misc.no. ..... regard, it is useful to refer to the provisions of the act section 18 of the said act confers power on the magistrate to pass the protection order against the domestic violence. ..... such allegation may amount to domestic violence, but the said proceedings cannot be termed as trial of ..... the allegation of domestic violence alleged is one and the same, which is now alleged in the complaint, hence, question of one more trial on the said allegation for different offences ..... admittedly, the proceedings are not initiated for any punishment for the offence alleged in the complaint, but it was only for protection and adjudication of the rights of the complainant and the proceedings are entirely distinct and separate, nothing to do with the offence to be tried, which is .....

Mohammad Parvez Pyarejan Shaikh and Others Vs. the State of Maharashtr ...

Court : Mumbai

..... the trial court came to the conclusion that the prosecution though has not proved that the deceased was subjected to a cruelty as contemplated under section 498-a of ipc or that deceased was subjected to the domestic violence as contemplated under the protection of women from domestic violence act, 2005 during the period in between her marriage and occurring of her death, the prosecution has established the circumstances leading to the sole inference of guilt of conclusion of guilt of the appellants of committing her murder in furtherance ..... and under section 31 of the protection of women from domestic violence act, 2005 in the 22nd court of metropolitan magistrate at andheri, mumbai. 3. ..... or domestic violence as contemplated under the protection of women from domestic violence act, the same by ipso facto denotes that deceased was not treated with cruelty or that relationship in between deceased and the appellants were normal or that the appellants had no motive to commit the crime in question as ..... and for offence under section 31 of protection of women from domestic violence act read with section 34 of i.p.c. ..... it was urged that the trial court while considering the import of the circumstances emerging from the prosecution evidence completely overlooked the vital aspect that even the complaint lodged by pw1 was not for an offence of murder but was for offences under section 498-a, offence under domestic violence act and the same having led the said deceased to commit suicide. .....

G.A. Ferris Vs. Svetlana Alexandrovna Dobrochasova Ferris and Another

Court : Karnataka

..... from the above, we are of the opinion that the house in question cannot be said to be a "shared household" within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act ..... come up in this criminal petition impugning the concurrent finding of both the courts below in holding that the house owned by petitioner herein is a shared house as defined under section 2(s) of the protection of women from domestic violence act, 2005 (for short, 'the act'). 2. ..... 23(2) r/w sec.i9(l)(a) of the protection of women from domestic violence act, 2005 therein and allow this petition and ..... of the protection of women from domestic violence act, 2005 and reject ..... as maintenance for herself and the minor child; rs.2,00,000/- towards educational expenses of the child and also for protection order against 2nd respondent ..... 149/2012 for the relief of protection order against 2nd respondent herein and his mother under section 12 of the act seeking to restrain them from committing any further act of domestic violence on her and her child; to order status quo regarding her residence; not to force her out of the matrimonial home; for monetary relief in a sum of rs.1,00,000/ per month .....

Aradhana Walkade Vs. Chandrashekar Vaidya and Another

Court : Mumbai Goa

..... petition involves a question of law as to whether subsistence of marriage is sine qua non for maintainability of a complaint under section 12 of the offence under the protection of women from domestic violence act, 2005? 2. ..... /husband stopped paying the said amount, from august 2011, the petitioner filed application under section 12 of the protection of women from domestic violence (d.v. ..... defintion 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 injures or endangers the health, safety, life limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and ..... section 3 of the said act covers different types of domestic violence which is physical abuse, sexual abuse, emotional abuse and so also various types of harassment threats, endangering lives verbal ..... of the chapter ii of the act which is captioned as domestic violence?. ..... no doubt that within the purport of domestic violence? ..... the term domestic violence? ..... domestic violence? ..... domestic violence ..... means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act; provided that an aggrieved wife or female living in a relationship in the nature of marriage may also file a complaint against the relative of the husband or .....

Md. Rajab Ali and Others Vs. Mustt. Manjula Khatoon, Nagaon

Court : Guwahati

..... section 12 of the protection of women from domestic violence act, 2005, for short, d.v. ..... rule 6 of the protection of women from domestic violence rules, 2006, for short, dv rules, lays down the ..... (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, ..... for grant of monetary relief lays down that while disposing of an application under section 12 (1) of the dv act, the magistrate may direct the respondent to pay monetary relief 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 is not limited to,- (a) the loss of earnings; (b) the medical expenses; ..... act was enacted, which is, to provide more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind as occurring within the family and for matters connected therewith or incidental thereto, the expression joint family occurring in definition of domestic relationship and shared household has to be given an interpretation which will be consistent with the object of the act for the .....

A. Suresh Anto Vs. Anto Teena Mary

Court : Chennai

..... per contra, the learned counsel appearing for the respondent would vehemently contend that in the cases filed under protection of women from domestic violence act, 2005, the learned magistrate has power to pass interim and ex-parte orders and there is no provision available in the said act to set aside the order passed by the learned magistrate under section 23 of the act. ..... the brief facts of the case are as follows:- (i) the respondent as a complainant filed a petition in m.p.no.59 of 2012 under section 12 of the protection of women from domestic violence act, 2005, (hereinafter referred to as the act) seeking interim relief of residence order and monetary reliefs per month under section 23(3) of the act. ..... in the above circumstances, it is useful to extract section 23 of the protection of women from domestic violence act, 2005 which reads as follows:- "23. ..... since there is no provision available in the domestic violence act, to set aside the ex-parte interim order, the learned x metropolitan magistrate, egmore, chennai, has correctly dismissed the petition as not maintainable. ..... hence, the order passed by the learned x metropolitan magistrate, egmore, chennai, under section 23(3) of the domestic violence act is perfectly valid and it is acceptable. ..... further, on a perusal of the entire provision of the domestic violence act, it is seen that there is no provision available to set aside the interim order or ex-parte order passed under section 23 of the act. .....

K. Sugi Vs. R. Rajarathinam

Court : Chennai

..... the short facts of the case are as follows:- the petitioner / wife has filed a petition under section 12 r/w section 18(a), (b), (d), section (19)(1)(f), 19(8), section 20(1), section 22 of the protection of women from domestic violence act, 2005, along with an affidavit praying for (a) protection order: preventing the respondent from (a) committing any act of domestic violence, (b) aiding or abetting in the commission of acts of domestic violence, (c) attempting to communicate with the petitioner; in any form whatsoever, (b) residence order: (a) direct the respondent to secure same level of alternate accommodation as enjoyed by the petitioner in the shared ..... the appellate court has failed to consider that according to section 23(2) of the protection of women from domestic violence act, 2005, the learned magistrate is allowed to pass even an ex-parte interim order if he is satisfied that a prima facie case of domestic violence exists, based on the affidavits submitted before him. ..... he had not committed any domestic violence against the petitioner and that the complaint had been filed against him only for the purpose of extracting lumpsum payment from him and his family members ..... it was submitted that as the respondent has not caused any domestic violence to the petitioner, the petitioner is not entitled to receive rs.20,000/- as interim monthly maintenance ..... twenty lakhs only)towards damages for injuries, mental torture and emotional distress caused by the acts of domestic violence. 3. .....

Ritesh Ratilal JaIn and Others Vs. Sandhya and Another

Court : Mumbai Aurangabad

..... person" is given in section 2(a) of protection of women from domestic violence act, 2005 which is as under: "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; 5. ..... in section 2(f) of protection of women from domestic violence act, 2005, definition of "domestic relationship" is given as under : "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, ..... filed for some reliefs under the protection of women from domestic violence act, 2005, by respondent no.1. 2. ..... " the definition of "domestic violence" is given in section 3 of the said act as under : "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 injures or endangers the health, safety, life, limb or well being whether mental or physical of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal ..... explanation ii - for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be .....