Court : Andhra Pradesh
..... no.5 of 2008 was filed on the file of viii additional chief metropolitan magistrate for protection orders under sections 18 to 20 and 22 of domestic violence act, 2005 and the order of the magistrate, dated 30.09.2008, granting monthly maintenance @ rs.3,000/- to the wife and rs.2,000/- each to the children ..... restitution of conjugal rights filed by him was granted in his favour in directing him to provide separate residence and means for their living together and even the wife not joined, she is justified from the subsequent consequences supra of husband living with one saritha and he blessed with female child which are also proved by exs.a.58 and a.59 marked during the course of her evidence in the m.c. ..... dated 10.10.2012, and he claims that he has no employment, and thereby having no means to provide maintenance; that also can be negated for he being an engineer and got income from other source and got immovable properties and receiving rents from immovable properties and in a position with sufficient means and thereby by negating the said contention and holding him liable for the amount of rs.1,00,000/- being arrears due, however granted time ..... same as a just ground for the wife to refuse to live with him, whether he married or living with another women by keeping a mistress, as that was considered in passing the order, dated 25.02.2009, in m.c. ..... , for the respondent married another women, by name saritha, living with her and through said saritha, he blessed with a baby girl, by .....
Tag this Judgment!Court : Andhra Pradesh
..... ) nos.22371, 22956, 23270, 23432 and23568of2015common order: all these five matters listed for hearing on the office note for orders as to maintainability of quash petition under section 482 cr.p.c in an application filed under the protection of women from domestic violence act, 2005 (for short the act) that was taken cognizance to the file and numbered and the learned magistrate issued summons consequently, by impugning the same. ..... it is to say sections 126 to 128 procedure also equally apply to domestic violence act reliefs if there is no special provision or special procedure or specific rule made there under. ..... of criminal procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place; as per section 2(m) of the act, prescribed means prescribed by rules made under this act; as per section 2(q) of the act, respondent 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 ..... it is to say domestic violence act provisions are available but not the only forum for the aggrieved to chose, as even instead of coming to criminal court by invoking doors of the provisions of this act can invoke other provisions, procedural law with any other substantive law and also can invoke substantial civil remedy by invoking code of civil procedure. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Andhra Pradesh
..... 2nd respondent sought compensation of rs.50 lakhs from the petitioner, maintenance at rs.50,000/- per month, residential order for shelter and protection order under section 12 of the protection of women from domestic violence act, 2005 (the d.v. ..... do not agree with the contention of the learned counsel for the petitioner that a domestic violence case can be instituted and taken cognizance of on the basis of the domestic incident report only and not otherwise. ..... case of the 2nd respondent is that the petitioner has domestic relationship with her and caused domestic violence. ..... act contemplates that before passing any order on the application from an aggrieved person or a protection officer or any other person, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service ..... the learned counsel for the petitioner also submitted that the protection officer forwarded the complaint to the iv metropolitan magistrate, yerram manzil, hyderabad in a routine manner without domestic information report (dir) and without complying with the provisions of the ..... act adumbrates that the protection officer shall make a domestic incident report to the magistrate and also forward copies to the police officer in charge of a police ..... act, any lady who has domestic relationship with a man is entitled to seek certain reliefs from such a ..... act does not prohibit a magistrate from proceeding with the case unless there is a domestic incident .....
Tag this Judgment!Court : Andhra Pradesh
..... respondent laid case seeking for reliefs of protection under section 18 of the protection of women from domestic violence act, 2005, (the d.v. ..... punjab , the supreme court held that the provisions under section 468 cr.p.c would apply to the protection of women from domestic violence act, 2005. ..... act read with rule 15(6) of the protection of women from domestic violence rules ..... penalty for breach of protection order by respondent:- (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 with fine which may extend to twenty thousand rupees, or with both. (2) . ..... learned iii additional junior civil judge, chittoor is requested to dispose of d.v.c.no.25 of 2012 expeditiously, preferably within two months from the date of receipt of a copy of this order, after according an opportunity to both sides to advance further ..... act is breach of protection order and not a prayer for protection ..... act does not come into play till a protection order is passed and till the ..... act contemplates punishment in the event of a breach of the protection ..... act could not be punished for violation of the protection orders passed under section 18 of ..... the petitioner therefore cannot equate himself with a former husband who obtained divorce from a competent civil court on an application by both parties for grant of divorce ..... act within one year from the date .....
Tag this Judgment!Court : Andhra Pradesh
..... respondent herein filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (for short the act) on the file of iv metropolitan magistrate, hyderabad against the petitioner claiming reliefs under sections 14, 16 to 20 and 22 of the act. ..... some countries, like the interpretation act, 1984 (western australia), the interpretation act, 1999 (new zealand), the domestic violence act, 1998 (south africa), the domestic violence, crime and victims act, 2004 (u.k. ..... wherein the honble apex court after considering various provisions of the domestic violence act with reference to the laws prevailing in other countries, held as ..... 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 matters connected there with or incidental thereto, enacted the dvc act, 2005. ..... that the words relationship in the nature of marriage might have been used in the domestic violence act keeping in mind the scope of section 5 of hindu marriage act as well as other personal laws. ..... from a conjoint reading of various definitions, as enumerated in section 2 of the act, it is clearly manifest that this act recognized the de-facto marriage to rescue the victims of domestic violence by providing ..... 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 .....
Tag this Judgment!Court : Andhra Pradesh
..... fundamental rights under the constitution or in violation of any statutory right; the sectoral priority, for allocation of domestic gas, was formulated to serve larger public interest; the consumption of urea in the country is 58 million metric tonnes of which 18 million metric tonnes is produced from domestic natural gas, and 4 million metric tonnes from lng; the price of fertilizer is directly and predominantly determined by the price of gas; one mmscmd of ..... were that the available gas was insufficient to meet the demand, and supply of gas would further dwindle in the foreseeable future; in these circumstances, egom took the decision to protect the fertilizer industry as its first priority and, thereafter, the other three categories of consumers; the decision, on this broad parameter, cannot be challenged on the alleged ground that ..... infrastructure therefor in terms of lng terminals, is arbitrary; allocation of gas to the fertilizer sector, in preference to the power sector, is contrary to the national electricity policy framed under the electricity act, 2003; the government of india should take a comprehensive view of the changing needs and precarious gas availability, and accord top priority to gas based power projects in the kg basin ahead of the ..... essence of classification and does violence to the constitutional guarantee of ..... (2) scc36469) (1990) 3 scc22370) (1996) 10 scc30471) (2005) 13 scc49572) (2006) 4 scc16273) (2007) 8 scc174) (2006) 10 scc175) (1898) 2 qb9176) (1948) 1 .....
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