Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Court: chennai Page 2 of about 59 results (0.120 seconds)

R. Saravanan Vs. Pavathal

Court : Chennai

Reported in : 2012(4)MLJ(Crl)651

..... it was contended that the courts below have failed to appreciate that section 12 of the protection of women from domestic violence act, 2005, as well as the other provisions of the act, would not apply for getting an entry into the house of the petitioner. 9. ..... hence, the petitioner has filed a petition praying for protection to her from domestic violence as per section 12 and 23 of protection of women from domestic violence act, 2005. 3. ..... further, the case has been filed under section 2 of protection of women from domestic violence act. ..... the learned judge opined that the appellant could in no way prevent the respondent from staying in her husband's place and should not create any disturbance to her while residing in the property. ..... the respondent in his counter had submitted that he is an agriculturist and that he had taken a loan of rs.20,000/- from the proprietor of murugan rice mill, ganapathypalayam and had also taken a loan from the primary agricultural co-operative bank and conducting agricultural business. ..... it is contended that subsequent to this the appellant / son had driven the respondent / mother from out of the house. .....

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. .....

R. Prabhakar and Another Vs. Dr. V. Jothilakshmi

Court : Chennai

..... m.megala reported in 2011 (1) ctc 841 protection of women from domestic violence act, 2005 (43 of 2005), section 2(q) expression "respondent" occurring in section 2(q) would include second wife married by husband expression 'relative' should be given normal meaning in common parlance women who married husband of petitioner is certainly relative of such husband complaint maintainable ..... naik reported in 2010 cri.l.j.751 "protection of women from domestic violence act (43 of 2005), ss.2(q), 12, 19 - domestic violence relatives of husband or male partner referred to in provisio to s.2(q) cannot be only male relatives but can be female relatives also hence female relatives can also be respondents in application under section 12 filed by wife or female covered by ..... priyanka khanna & ors reported in 2010 (119) drj 182 "protection of women from domestic violence act, 2005 section 20 excessive maintenance no concrete proof of high status and vast property of husband mere allegations made by the wife that husband was a man of status and had vast movable and immovable properties ..... air 2009 delhi 72 "protection of women from domestic violence act (2005), s.17 civil p.c. ..... learned judge held that the respondent herein is entitled to relief sought for under sections 18, 19, 20 and 21 of the act as prayed for under the protection of women from domestic violence act. ..... had levelled a case against the revision petitioners under the protection of women from domestic violence act. .....

1.K.Rajendran Vs. 1.Ambikavathy

Court : Chennai

..... 8.the specific argument advanced on behalf of the petitioners is that the learned judicial magistrate, valliyoor has recorded the sworn statement of the first respondent/wife and nowhere in the protection of women from domestic violence act, 2005, recording of sworn statement is permissible before passing an exparte order and in fact, the proceeding before the trial court under the protection of women from domestic violence act, 2005 is a civil in nature and therefore, a summary procedure is to be followed like that of the one followed under section 125 of cr.p.c. ..... petitioners, the learned counsel for the first respondent/wife submits that the learned judicial magistrate has passed final orders in d.v.o.p.no.29 of 2012 on 21.09.2012 and as against the said final order as per section 23 of the protection of women from domestic violence act, 2005 (act 43 of 2005), an appeal is to be preferred by the revision petitioners/respondents and in short, the present revision petition filed by them is not maintainable before this court. ..... 11.proceeding further, the learned counsel for the revision petitioners contends that as per sub section (2) of section 23 of the protection of women from domestic violence act, 2005, an affidavit in form not iii is to be filed by the first respondent/wife and no such affidavit has been filed by her and in fact, a sworn affidavit of the first respondent/wife cannot be construed as form iii. .....

Arivazhagan Vs. 1. M. Uma

Court : Chennai

..... wherein at page 521 (delhi) it is observed and held as follows:- "in view of the fact that remedy by way of an appeal is provided under the protection of women from domestic violence act, 2005, he wishes to withdraw the petition with liberty to file an appeal in the court of the learned additional sessions judge (asj). ..... (filed by the first respondent/wife under section 128 of the criminal procedure code) is not maintainable to execute the order of maintenance passed under section 12 of the protection of women from domestic violence act, 2005, as if the said order and claim in m.c.no.5 of 2009 has been passed under section 125 of the criminal procedure code.5. ..... that ordinarily, the learned judicial magistrate exercising his functions under the protection of women from domestic violence act, 2005 as a criminal court inferior to the court of sessions and ..... it is open to the revision petitioner/husband to prefer an appeal as per the protection of women from domestic violence act, 2005 as against the impugned order dated 23/4/2012 in c.m.p.no.9429 of 2010 passed by the learned judicial magistrate, aranthangi in the manner known to law and in accordance with law ..... be that as it may, in view of the fact that as per section 29 of the protection of women from domestic violence act, 2005, there is an effective and alternative remedy of filing of an appeal by the revision petitioner/husband as against the order dated 23/4/2012 in c.m.p.no.9459 of 2010 (m.c.no.5 of 2009) passed by the learned .....

R.Saraswathi Vs. 1.P.Sumithra Devi

Court : Chennai

before the madurai bench of madras high court dated:10. 01/2013 coram the honourable mr.justice g.rajasuria c.r.p.(pd)(md)no.2516 of 2012 and m.p.(md)no.1 of 2012 r.saraswathi .. petitioner vs 1.p.sumithra devi 2.r.prabhu ganesh 3.r.pradeep 4.renganathan (r2 and r4 are given up as they are not necessary parties) .. respondents civil revision petition filed under article 227 of the constitution of india against the order passed by the learned judicial magistrate not i, tirunelveli, tirunelveli district in m.c.no.18 of 2010 vide his order dated 20.11.2012. #for petitioner ... mr.r.anand :order heard the learned counsel for the revision petitioner who would implore and entreat by pointing out that he would be satisfied if liberty is given to the revision petitioner to approach the same magistrate under section 25(2) of the protection of women from domestic violence act, 2005, to get the impugned order varied and modified. 2.in view of the submission made, this revision is disposed of granting liberty to the revision petitioner to approach the magistrate. consequently, the connected miscellaneous petition is closed. no costs. km to the judicial magistrate not i, tirunelveli, tirunelveli district.

Dr.K.J.Mathiyalagan Vs. Miss.Dhivya

Court : Chennai

..... revision petitioners and the respondent herein, partly allowed the appeal, by modifying the order dated 23.06.2011 passed by the xvii metropolitan magistrate, saidapet, in crl.m.p.no.1945 of 2010, for alternate accommodation under section 19 of the protection of women from domestic violence act, 2005 instead of the relief of shared household granted under section 17 of the said act and directed the appellants / revision petitioners to pay a sum of rs.15,000/- towards rent to the respondent herein with effect ..... learned judge had assigned the reason that alternate accommodation should be given as per section 19 of protection of women from domestic violence act, 2005, instead of the relief of the shared house hold granted under section 17 of the said act, and as such, the above order has been passed, which is sustainable under law.17. ..... the learned appellate judge ordered accommodation as per section 19 of protection of women from domestic violence act, 2005, which is not relevant in the instant case as even as per the contentions of the respondent, she is an illegitimate child of the first ..... and her mother have no legal right under any provision of the protection of women from domestic violence act, 2005, to live with the first revision petitioner. ..... counsel for the revision petitioners argued that the respondent cannot claim any relief for sharing the house along with the revision petitioners under the protection of women from domestic violence act, 2005, and rules made thereunder. .....

P.N.Elumalai Vs. E.Soundaravalli

Court : Chennai

..... as follows:- the respondent herein / complainant / wife has filed a case in c.c.no.4628 of 2009, on the file of ii metropolitan magistrate, egmore, chennai-8, against the revision petitioner / husband under section 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005, stating that her husband had treated her cruelly and physically tortured her. ..... c.c.no.4628 of 2009, filed u/s 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005, will not be applicable in the instant case.12. ..... (ii) d.velusamy versus d.patchaiammal reported in cdj2010sc951".protection of women from domestic violence act, 2005-section 2(f) - for getting maintenance under section ..... there were misunderstandings between the parties, as a result whereof, on 29th november, 2006, the respondent filed a petition before the magistrate under section 12 of the protection of women from domestic violence act, 2005, hereinafter referred to as the ".pwd act". ..... the wife mentally and physically as per section 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005?.".4. ..... no.v, chennai, confirming the conviction and sentence imposed in the judgment dated 24.08.2010 on the file of ii metropolitan magistrate, egmore, chennai made in c.c.no.4628 of 2009 convicting the petitioner u/s.18, 19(1)(2)(3)(4), 20(a), 20(b) and 22 of the protection of women and domestic violence act, 2005 and call for the records and acquit the petitioner from all the charges. .....

P.K.Nagarajan @ Meenakshisundara Vs. 1.N.Jeyarani

Court : Chennai

..... pointed out that in s.t.c.no.1777 of 2009, the respondents (wife and children) as petitioners have filed a petition/application under section 12 of the protection of women from domestic violence act, 2005 seeking the following reliefs as against the revision petitioner/husband: i].protection order under section - 18 i)prohibiting the respondent from committing any act of domestic violence against the petitioner; ii)prohibiting the respondent from committing any act of domestic violence against the parents and brother of the petitioner including filing false complaint against them by utilizing the cheques belong to ..... learned counsel for the petitioner takes a stand that even as per proviso to section 12 of protection of women from domestic violence act, 2005, before passing any order on such application, the magistrate shall take into account any domestic incident report received by him from the protection officer or the service provider and also no such report received either from the protection officer or service provider and also no conclusion was arrived at as to whether it was satisfied that the petitioner committed any domestic violence against the respondents or not ..... . the 1st respondent/wife in her cr.m.p.no.47 of 2012 (filed under section 23 of the protection of women from domestic violence act, 2005) has, inter alia, stated that she has no independent source of income sufficient to support herself and her two minor sons and to bear the necessary expenses of the legal proceeding .....

P.Visalakshiamma Vs. 1.The Director of Schools Higher Education,

Court : Chennai

..... protect the interest of women, who end up as a second wife or a concubine as a result of long living with a male companion, has enacted the protection of women from domestic violence act, 2005 ..... time of the marriage; (ii).at the time of the marriage, neither party- (a)is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c)has been subject to recurrent attacks of insanity (iii) the briedgroom has completed the age of ..... past 47 years, and except for the maintenance case, the petitioner was never interested in living with the deceased n.stanunthan thambi, which is evident from the fact that she never took any steps for restitution and all along it is only the fifth respondent, who had taken good care of n.stanunthan thambi until his ..... minor; (iv) before allowing the family pension for life to any such son or daughter the sanctioning authority shall satisfy that the handicap is of such a nature as to prevent m or her from earning his or her livelihood and the same shall be evidenced by a certificate obtained from a medical officer not below the rank of a civil surgeon setting out, as far as possible the exact mental or physical condition of the child. ..... act reads as follows: ".domestic ..... from the above section, after the coming into force of hindu marriage act, 1955, an hindu male .....