Court : Madhya Pradesh
..... the respondent filed an application under section 12, 20, 23 of the protection of women from domestic violence rules, 2005, here-inafter in short do. ..... act is a measure of social justice and is specially enacted to protect women and falls within constitutional sweep of article 15(3) reinforced by article 39 of the constitution of india. ..... but, prima facie it is apparent from the record that the applicant and the respondent knows well each other due to this admitted position that both were in the same profession, p.r.t. ..... this act as well as rules framed their under are meant to achieve a social purpose. ..... act , against the applicant before learned gram nyayalaya, anuppur for claiming maintenance. .....
Tag this Judgment!Court : Delhi
..... this led to litigation including petition under protection of women against domestic violence act, 2005 being initiated. ..... pc, the petitioner had alleged that the respondent is a patient of depression, suffering from clinically diagnosed obsessive compulsive disorder and was on medication running in poor health and would have crl. .....
Tag this Judgment!Court : Andhra Pradesh
..... she also filed a case under the provisions of protection of women for domestic violence act, 2005 against the petitioner. ..... and appeal) rules, 1991 (ccca rules, for short), through g.o.ms.no.458, general administration (services-c), dated 22.09.2009 that all proven cases of misappropriation, bribery, corruption, moral turpitude (sic), forgery and outraging the modesty of women, shall be met with punishment of dismissal from service and submitted that both under g.o.ms.no.2 as well as under the amended rule 9 of ccca rules, it is the proven cases which alone shall be met with the punishment of dismissal. ..... once an employee is found to be guilty of bigamy, i am afraid that the punishment deserves to be his dismissal from service as it is one of the fundamental principles of governance that no employee shall contract another marriage with a person while the first spouse is alive and the marriage with the first spouse is subsisting. ..... the learned counsel for the petitioner contended that bigamous marriage attracts the gravest punishment of dismissal from service, proof must be equally be strict and that proof by preponderance of probabilities cannot be accepted. ..... he also pointed out that the petitioner claimed that he obtained customary divorce from baby padmavathi and that neither the customary divorce nor valid divorce is proved, so much so, the marriage with lakshmi on 12.12.1999 is tantamount to indulging in bigamy. .....
Tag this Judgment!Court : Punjab and Haryana
..... even a potent and kumar sanjeev 2014.08.22 12:23 i attest to the accuracy and integrity of this document civil writ petition no.24392 of 2013 (o&m) -4- protective legislation like protection of women against domestic violence act, 2005 (for short, act of 2005) will be rendered effete, if it were to be wrongly assumed that a father can throw out his daughter or daughter-in-law; that a husband can throw out the wife, estranged wife or divorced wife. ..... the provisions of the protection which is contemplated under chapter v is an empowering provision for the welfare of a senior citizen that must be read cohesively that the right of a woman to be protected which is guaranteed under the act of 2005. ..... it will be wrong to import a principle of law from the judgment that law recognizes an action for ejectment for a husband or father in law to deny a woman a right to shelter, the most required protection for a woman, the recognition of her right to safety and a non-negotiable tool for nurturing her dignified living. ..... the relief granted cannot be a precedent to a commonplace occurrence of the daily squabble at home between spouses or members in the family and a precipitate action for ejectment of a wife or a daughter-in-law from the matrimonial home, which is understood as a shared household between husband and wife or a father, son and daughter-in-law. ..... even at the interlocutory stage, there was a petition for injunction by the wife against the petitioner from dispossessing her. .....
Tag this Judgment!Court : Punjab and Haryana
..... (i) a petition for maintenance; (ii) a complaint for offence under section 498-a ipc; and (iii) a complaint for alleged offence under the protection of women against the domestic violence act. ..... the only benefit which i think the wife must have would be to secure a transport expense from panipat to chandigarh apart from the interim maintenance which she has already secured and this amount i will quantify at `500/- to be paid at every hearing when the wife turns up in court. ..... the petition for transfer is sought by the wife from the court at chandigarh to panipat where she resides, on a plea that she is not well provided for and she cannot go to a far place at chandigarh to conduct a case. .....
Tag this Judgment!Court : Delhi
..... a case under section 12 of the protection of women from domestic violence, 2005 (hereinafter referred to as d.v. ..... the ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to ..... daughter to her sister s house was only an act to make her more comfortable and to remove her from the hostile environment of her own place of residence.24 ..... it was argued that during the proceedings under section 9 of the hindu marriage act filed by the appellant before the rohtak court, the respondent was willing to go back, but the appellant had imposed several conditions, which made it impossible for her to ..... appeal has been filed by the appellant/husband assailing the order of the family court dated 22.04.2017 whereby the petition filed by the husband under section 13 (1) (ia) (ib) of the hindu marriage act, 1955 (hereinafter referred to as hma ) has been dismissed by the family court.2. ..... even in the petition under section 9 of the hindu marriage act filed by him at rohtak, he laid several conditions for the respondent to ..... of sterilisation without medical reasons and without the consent or knowledge of his wife and similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty. .....
Tag this Judgment!Court : Delhi
..... it is also a matter of record that the wife had moved under section 12 of the protection of mat.app (fc)27/2013 page 1 women from domestic violence act, 2005 and has been granted maintenance @ `7000 per month. ..... this appeal is directed against an order of the family court dated 26.03.2013 whereby the learned judge upon application under section 24 of the hindu marriage act fixed maintenance pendente lite in favour of the respondent wife @ `5,000/- per month.2. ..... the scope of appellate review in such instances would necessarily be different from the compulsive jurisdiction which the court would exercise in the event of final determination such as decree for dissolution or a judgment declining the divorce. ..... the court then held that having regard to the conspectus of circumstances, the appellant should pay `5,000/- per month to the wife from the date of the application till disposal of the divorce petition.6. ..... in her affidavit she has stated that she has done one year certificate course in modern office management and previously she worked as team leader - tele marketing from september, 2008 to february, 2010. ..... , divorce or other proceedings claiming substantive relief under the hindu marriage act. .....
Tag this Judgment!Court : Delhi
..... petitioner no.2 filed a complaint under the protection of women and domestic violence act, 2005 before the concerned m.m. ..... this contempt petition is filed under section 11 and 12 of the contempt of courts act, 1971 to punish the respondent/contemnor for committing contempt of order dated 29.04.2016 passed in co.a(sb) 13/2016 by wilfully disobeying the same.2. ..... no.77/2015 under section 397 and 398 of the companies act, 1956 before the company law board. ..... petitioner no.2 was to keep the custody of the four daughters and the respondent was also to pay a sum of rs.2 lakhs on the first day of each month starting from 01.03.2015 up to 01.08.2015 and a sum of rs. ..... the chartered accountant noted as follows:-" i) a perusal of the above show that except for fall in total revenue in financial year 2015-16 there is an overall improvement in fundamentals of the company from all angles. ..... he will file his reply within four weeks from today. ..... learned counsel for the respondent strongly reiterated that the report of the chartered accountant suffers from defects. .....
Tag this Judgment!Court : US Supreme Court
..... had recognized the obligation resting upon it to protect from domestic violence by conferring authority upon the president of the united ..... the far-reaching effect and gravity of the consequences which would be produced by sustaining the right of the plaintiff to assail and set aside the established government by recovering damages from the defendants for acts done by them under the authority of, and for the purpose of sustaining, such established government. ..... if this view were correct, it was intimated, it would follow that the delegation of authority made to the president by the act of 1795 would be void as a usurpation of judicial authority, and hence it would be the duty of the courts, if they differed with the judgment of the president as to the manner of discharging this great responsibility ..... shall be filed with the secretary of state, and in submitting the same to the people he, and all other officers, shall be guided by the general laws and the act submitting this amendment, until legislation shall be especially provided therefor. ..... the defendants justified on the ground that the acts done by them charged as a trespass were done under the authority of the charter government during the prevalence of martial law, and for the purpose of aiding in the suppression of an armed ..... instructed the jury that, as the charter government was the established state government at the time the trespass occurred, the defendants were justified in acting under the authority of that government. .....
Tag this Judgment!Court : US Supreme Court
..... no question has been raised, or reasonably could be, about the authority of the police to enter a dwelling to protect a resident from domestic violence; so long as they have good reason to believe such a threat exists, it would be silly to suggest that the police would commit a tort by entering, say, to give a complaining tenant the opportunity to collect belongings and get out safely, or to determine whether violence (or threat of violence) has just occurred or is about to (or soon will) occur, however much a spouse or other co-tenant objected. ..... the most common practical effect of today s decision, insofar as the contest between the sexes is concerned, is to give men the power to stop women from allowing police into their homes which is, curiously enough, precisely the power that justice stevens disapprovingly presumes men had in 1791. ..... 326 , 331 332 (2001) (denying suspect access to his trailer home while police applied for a search warrant), a fairly perceived need to act on the spot to preserve evidence may justify entry and search under the exigent circumstances exception to the warrant requirement, cf. ..... argued november 8, 2005 decided march 22, 2006 respondent s estranged wife gave police permission to search the marital residence for items of drug use after respondent, who was also present, had unequivocally refused to give consent. ..... randolph - 04-1067 (2006) syllabus october term, 2005 georgia v. ..... ___, ___ (2005). ..... 2005). ..... 973 (2005). .....
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