Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 96 of about 1,573 results (0.122 seconds)

Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari and ...

Court : Supreme Court of India

..... remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society the protection of women from domestic violence bill was introduced in the parliament. ..... 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 the 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. 14 ..... sub-section (2) of section 23 is a special provision carved out in this behalf which is as follows: (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 ..... in the instant case is whether a court dealing with the petition/complaint filed under the provisions of the domestic violence act, 2005 (hereinafter referred to as 'the dv act') has power to allow amendment to the petition/complaint originally filed. .....

Dr. Sunil Kumar and ors. Vs. State (Govt. of Nct Delhi)

Court : Delhi

Reported in : II(2008)DMC212

..... 10,000/- per month or such other amount as may be directed to be paid by the learned metropolitan magistrate in the proceedings under protection of women against domestic violence act, 2005 by means of a cheque payable in the name of 'shalini'. ..... parties inform that in the proceedings under protection of women against domestic violence act, 2005 an order has been passed directing rajesh to pay rs. ..... -noted applications are disposed of with the following directions:(a) rajesh would replace all the cheques which he has issued in the name of shalini arya pursuant to orders passed by learned metropolitan magistrate in the proceedings under protection of women against domestic violence act, 2005 by issuing cheques in the name of 'shalini'. ..... this would be done within a week from today. ..... shalini is suffering from tuberculosis. .....

Sudesh Vs. Suresh Solanki

Court : Delhi

..... . in the complaint filed in the year 2009 under section 12 of protection of women from domestic violence, 2005, for the first time allegations were made in para 2(i) about unsocial rather cruel behaviour of the husband, which reads as under: 2(i) that the behavior of respondent no.1 towards the applicant/wife ..... . the respondent has been accused of living in adultery for the first time in the year 2009 in petition under domestic violence act filed in the year 2009 despite the fact that at that time the parties have been living separately for the past eleven years (she finally left matrimonial home ..... . we have already extracted the pleadings and re-examined the evidence in the cases under section 12 of the domestic violence act and under section 125 crpc as well in the pleadings of two hma petitions making averments that respondent/ ..... we intend to dispose of the two matrimonial appeals filed by the appellant/wife challenging the order dismissing hma petition no.154/2012 filed by her under section 9 of the hindu marriage act, 1955 and granting the decree of dissolution of marriage in counter claim bearing hma no.232/2013 filed by the respondent/husband alongwith the written statement to hma petition no.154/2012. 2 ..... . the evidence led by the appellant/wife in the petition under section 9 of hindu marriage act, 1955 and in her defence to the counter claim seeking dissolution of marriage on account of mental cruelty, no material could come on record to prove the said accusations .....

Hotel Association of India and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2006(86)DRJ668

..... . section 30 far from protecting women from the travails of liquor trade has in fact become a severe impediment in the way of women's careers and advancement thereof in the hospitality industry ..... . a provision such as section 30, which in the year 1914 was perhaps a measure to protect the working women from exposure to the travails of alcoholic consumption, in our view is today outdated and far from serving the cause of protecting women, has in fact the effect of inhibiting and curbing the employment opportunities of modern indian women ..... avnish ahlawat is that :(a) the trade in liquor is not an ordinary trade and by its very nature has the potential to cause mischief and even evil, and is a common denominator in various crimes and social problems such as alcoholism, domestic violence and various sexual offences ..... . the restriction imposed by section 30 effectively rules out women from the essential functioning of the hospitality industry ..... . the restriction is imposed on the engagement of women in places where liquor is served keeping in mind the morality, protection of women and as an act to realize the goals fixed in article 47 of the constitution of india ..... . the seemingly protectionist measure which might have had the effect suggested in 1914 can no longer stand the test of constitutional validity in 2005 .....

Raj Kumari Vs. Preeti Satija and anr

Court : Delhi

..... page 8 of 9 settled law on this aspect, i am of the considered view that the plaintiff is the owner of the suit property and the plaintiff has no legal duty/responsibility to maintain the daughter-in-law under the protection of women against domestic violence act, 2005. ..... dealt with in various decisions of the apex court wherein it has been held that a woman has no right of residence in the property of her in-laws under the provisions of protection of women against domestic violence act, 2005..8. ..... of 12 2008(4) scc 649, the supreme court while observing that the domestic violence act provides for a higher right in favour of a wife, in that, she not only acquires a right to be maintained, but also thereunder acquires a right of residence, clarified that the said right as per the legislation ..... (ii) pass a decree of permanent injunction restraining the defendants from creating any third party interest and from changing the status quo in respect of possession of the portion of the suit ..... 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 ..... such an obligation can only be met from the properties of which the husband is ..... no doubt, the definition of 'shared household' in section 2(s) of the act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not .....

Tej Singh Vs. Smt.Padam Kanwar

Court : Rajasthan Jodhpur

..... accordingly, the application under the protection of women against domestic violence act, 2005 was dismissed by the trial court. ..... the facts in short are that the respondent had filed an application before the trial court on 21.8.2009 under section 12 read with sections 18.19,20 and 22 of protection of women against domestic violence act, 2005. ..... aggrieved, he moved an application before the court praying that no cognizance can be taken under the said act as the act was enacted in the year 2005 and made 2 effective in the year 2006 whereas the present application was moved on 21.8.2009. ..... the orders dated 3.12.2010 and 29.4.2010 are set aside with liberty that in case the petitioner moves an appropriate application raising objections on merits within a period of three weeks from today, the trial court shall decide the same afresh after hearing both the parties in accordance with law. .....

Smt. Yashaswini Vs. Mr. M. Anegudde Ganesh

Court : Karnataka

..... section 12 of the protection of women from domestic violence ct, 2005 ( the act for brevity), prohibited the husband from inflicting violence against the wife and further ordered, if any such violence is perpetuated, the concerned police shall give adequate protection to her. ..... section 20 of the act as maintenance, expenses met and losses incurred as a result of domestic violence; under section 22 of the act, by way of compensation and damages for the injuries including mental torture and emotional distress caused by the act of domestic violence. ..... that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him ..... after examination of the law on the point it was held that, the language employed under the copyright act contemplates only a final order after hearing and after holding enquiry to see whether the ground for withholding of the work from the public was justified or not and there is no hint of any power having been given to the board to make interim arrangements, such ..... - (1) a breach of protection order, or of an interim protection order, by the respondent shall be an offence under this act and shall be punishable with imprisonment of either description for a term which may extend to one year, or .....

Nischae Suri and Another Vs. State of Haryana and Another

Court : Punjab and Haryana

..... question is exclusively owned and possessed by petitioner no.1 with effect from 17.2.2012, therefore, it does not come under the definition of section 2(s) of the protection of women against shanker gauri 2013.09.27 16:58 i attest to the accuracy and integrity of this document high court chandigarh crm-m-32165-2013 2 domestic violence act. ..... he further submits that the present complaint under the protection of women against domestic violence act , was filed by the respondent-wife only to harass the petitioner and his family members and wants to usurp the property, on which she has no ..... the learned acjm, gurgaon while allowing the application under section 12 of the act has observed as under: after going through the contentions of the both the sides and in view of the report of protection officer, i am of this considered opinion that respondent must be restrained to dispossess petitioner and her minor daughter from the house no.7, block no.es escape nirvan colony, gurgaon till further orders because after the marriage, petitioner is living with ..... has also filed a petition under section 13(1)(i-a) of the hindu marriage act for dissolution of marriage by decree of divorce on the ground of ..... the case are that marriage of petitioner no.1 was solemnized with respondent no.2 on 18.12.2005 according to sikh rites and ceremonies. ..... has resiled from the said ..... already obtained stay order with regard to the house of regency park, whereby the respondent-wife has been restrained from entering therein. .....

Poonam Kejriwal Vs. Bhagwandas Auto Finance Ltd. and ors.

Court : Kolkata

Reported in : AIR2009Cal221

..... she had already filed proceedings under the protection of the women from domestic violence act, 2005 and has obtained an order against her husband and other members of his family from disturbing her possession in the suit flat ..... . the attention of the said bench consisting of two judges was drawn to the earlier decision of a larger bench in the case of metro marins air 2005 sc 1444 (supra), in support of the plea that such order could not be passed when the bench answered in the following terms as would appear from paragraph 8 of the judgment.before parting with this order, it would be necessary for us to refer to a decision of this court in the case of metro marins and ..... . reported in : (2004) 7 scc 478 : air 2005 sc 1444 a three-judge-bench of that court had occasion to consider whether in a case of recovery of possession from a licensee after the expiry of the alleged licence, the court can direct a receiver already appointed in the suit to take symbolic possession and to put the plaintiff into possession under the authority of the ..... secondly, it appears from the decision in the case of purushottam das bangur (supra), that in that case no proposition of law was laid down as to whether in a suit for eviction of a tenant if the tenant encroaches the property of the landlord which is not the subject-matter of the tenancy, a court dealing with such suit can in addition to any amount equivalent to the rent last paid by the tenant in terms of the west bengal premises tenancy act can .....

V.Chandrasekhar and 2 Other Vs. K. Bhavana @ V. Bhavana, W/O. V. Chand ...

Court : Andhra Pradesh

..... no.20 of 2010 was laid under section 12 of the protection of the women from domestic violence act, 2005 (dv act, for short) seeking for protection order and compensation.4. ..... be recalled that the trial court ordered return of rs.2.50 lakhs received by the first respondent before the marriage and also return of gold ring and gold bracelet apart from payment of compensation at rs.4 lakhs to the complainant towards domestic violence.11. ..... i am not prepared to accept the contention of the first respondent that the husband of the complainant received rs.2 lakhs from the father of the complainant to purchase jewellery for the complainant and that he in fact purchased jewellery for the complainant, as the same has not been established on the one hand and as the defence is ..... respondent/husband shall return rs.2 lakhs as well as gold bracelet and gold ring within two months from the date of the order and shall pay compensation of rs.4 lakhs within two months from today together with arrears payable from the date of the order in dvc no.20 of 2010, failing which the amount shall attract penal interest at 18% per annum from the date of the order in dvc no.20 of 2010 till payment.19. ..... srinivas, learned counsel for the respondents submitted that the complainant filed c.c.no.304 of 2010 on the file of the xiv metropolitan magistrate, cyberabad at l.b.nagar u/s.498-a ipc, apart from laying dvc no.20 of 2010 and that on 18.09.2013, c.c.no.304 of 2010 ended in the acquittal of the first respondent. .....