Court : Chennai
..... above said circumstances, it is useful to extract section 29 of the protection of women from domestic violence act, 2005 which read as follows :- 29. ..... admitted by both sides, cc.no.2463 of 2015 is pending on the file of the x metropolitan magistrate, egmore @ allikulam, chennai for the offences under section 9(b) read with 37(2)(e) of the protection of women from domestic violence act, 2005. 3. ..... trial court failed to consider the second respondent filed op.no.3877 of 2013, in which no such allegations of domestic violence act was pleaded, the complaint was made after 19years without mentioning any specific date, month, year etc. ..... counsel for the second respondent mainly contended that there is no specific fault in the domestic violence act and filed revision before this court. ..... cc.no.2463 of 2015 is filed under section 37(2)(e) of the domestic violence act. ..... of the above circumstances, if the petitioner is aggrieved by the order passed by the x metropolitan magistrate, egmore @ allikulam, chennai he has to prefer appeal under section 29 of the domestic violence act. ..... present revision is preferred by the revision petitioner without invoking section 29 of the domestic violence act. ..... the petitioner states that the complaint filed by the respondent dated 05.01.2015 narrating the allegations from the date of marriage namely 29.05.1996 only after the petitioner filing divorce op would show that the complaint was made after 19years without any specific date, month, year etc therefore the .....
Tag this Judgment!Court : Chennai
(prayer: civil revision petition filed under article 227 of the constitution of india to set aside the administrative order dated 21.11.2012 passed by the learned principal subordinate judge, cuddalore directing the office to number the petition filed by the respondent/petitioner under section 12 of the protection of women from domestic violence act, 2005 as o.p.no.145 of 2012 and consequently, dismiss the same.) 1. the learned counsel for the petitioner seeks permission of this court to withdraw this civil revision petition. he also made an endorsement to that effect in the bundle. in view of the same, the civil revision petition is dismissed as withdrawn. no costs. consequently, connected miscellaneous petition is closed.
Tag this Judgment!Court : Chennai
..... while so, to his shock and surprise, he was served with summons issued by the district social welfare officer, coimbatore in relating to the proceedings initiated by the petitioner herein, against her husband and others under the protection of women from domestic violence act, 2005 including the respondent herein, as 8th respondent in d.v.no.1194 of 2013 on the file of the learned judicial magistrate-iii, coimbatore. ..... husband of the petitioner, has nothing to do with the matrimonial affairs or disputes, but he has been unnecessarily dragged into the issue by citing him as 8th respondent in the proceedings initiated by the petitioner, invoking section 12 of the protection of women from domestic violence act and in that process, the respondent being a respectful person in the society, was served with summons in the presence of the local persons, by which, his reputation got spoiled and therefore, in order to erase bad impression ..... being denigrated over the proceedings initiated by the petitioner invoking section 12 of the protection of women from domestic violence act citing him as 8th respondent, wherein, summons through court were served on him in the presence of the local people, the respondent has filed a complaint under section 200 cr.p.c. ..... the complaint made would be protected under eighth exception to section 499 ipc.?.8. .....
Tag this Judgment!Court : Chennai
..... though like negotiable instruments act, in the protection of women from domestic violence act, 2005, it is not specifically stated that the evidence may be given by the witness on affidavit, section 28(2) provides for the deviation from the normal procedures as contemplated under the code of criminal procedure, 1973.11 ..... the learned counsel for the respondent further submitted that as per section 28 of the protection of women from domestic violence act, 2005, the normal procedure to be adopted is governed by the provisions of code of criminal procedure, but under section 28(2) of the act, the court can lay down its own procedure for disposal of an application under section 12 or under sub-section (2) section 23 of the act. ..... : mr.r.gururaj order the revision petitioner herein is the respondent in proceedings in m.c.no.11 of 2008, on the file of the judicial magistrate-i, panruti, and the respondent herein filed an application before the learned magistrate under section 12 of the protection of women from domestic violence act, 2005, seeking certain reliefs.2. ..... contra, the learned counsel appearing for the respondent submitted that the remedy is provided under the protection of women from domestic violence act, is only a civil remedy, but at the same time, the act provides for speedy disposal and as per section 12(5) of the protection of women from domestic violence act, the application should be disposed of within a period of sixty days from the date of its first hearing.5. .....
Tag this Judgment!Court : Chennai
..... mr.y.krishnan ^for respondent : mr.s.palanivelayutham :order the petitioner is the respondent in cr.m.p.no.8269 of 2013, filed under section 31 of the protection of women from domestic violence act, 2005, (in short "dv act"), seeking enforcement of the order dated 11.02.2011 made in cr.m.p.no.7910 of 2010, on the file of the court of judicial magistrate no.ii, ..... act, deals with 'domestic violence' and section 3 defines 'domestic violence' ..... act defines 'domestic violence' and it has been the same meaning as assigned to it in section 3 of the dv act. ..... prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 of the dv act against the respondent and therefore, the impugned order passed under section 23 of the dv act is to be construed as a protection order under section 18 of the act and in that event, the petition filed under section 31 of the dv act, is perfectly maintainable and the said aspect has been rightly taken into consideration by the lower court and hence ..... is the submission of the learned counsel for the revision petitioner that the impugned order passed under section 23 of the dv act, under the present facts and circumstances of the case, cannot be construed as a protection order as defined under section 18 of the dv act, for the reason that sub-clause (e) of section 18 of the dv act, only speaks about alienating any assets, operating bank lockers or bank accounts used for held or enjoyed by both the parties .....
Tag this Judgment!Court : Chennai
..... the respondent in this regard, has invoked the jurisdiction of the jurisdictional court by filing a petition under sections 20(1) and 23(1) and (2) of the protection of women from domestic violence act, 2005 (d.v. ..... it is the specific case of the respondent that from the date of marriage, she has been subjected to harassment, cruelty and ill-treatment at the hands of the petitioner herein and she was driven out of the marital home and some time thereafter, she ..... to the second respondent/minor son payable from the date of the petition."10. ..... act) and pending disposal of the same, she has filed a miscellaneous petition claiming interim maintenance of rs.15,000/-p.m. .....
Tag this Judgment!Court : Chennai
..... allegation, the petitioner made a complaint before the protection officer, at thanjavur, under the protection of women from domestic violence act, 2005, [for brevity, "the act"].. ..... provisions of the domestic violence act this court in ..... the domestic violence act provides for a higher right in favour ..... the protection officer held an enquiry and finally submitted a report before the learned judicial magistrate no.ii, thanjavur, alleging that there was domestic violence caused to the petitioner by the respondents and recommending for an order for shared household in the said house and also for ..... this explanation would make it clear that whether a particular act or omission of the accused amounts to domestic violence or not, is to be tested by taking into account the over all facts and circumstances ..... relief under the act in favour of the petitioner, essentially, it should be proved that there was domestic violence, as defined in the act. ..... of determining whether any act, omission, commission or conduct of the respondent constitutes ?.domestic violence?. ..... so, it is obvious that he has used his wife to initiate the present proceedings, as though there was domestic violence at the hands of the respondents, as defined in the act. ..... trial court, directing the respondents not to disturb the possession of the petitioner, her husband and their children to live in the house in question and also confirmed the direction not to cause any domestic violence to the petitioner, her husband and her children. .....
Tag this Judgment!Court : Chennai
..... while so, the respondent filed m.c.no.158 of 2009, on 20.01.2009, under section 20 r/w section 12 of the protection of women from domestic violence act, 2005, [hereinafter referred to as ?.the act?.]. ..... 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 not limited to,- (a) the loss of earnings; (b) the medical expenses; (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, if any, including an order ..... very same magistrate under section 127 of the code for such modification so as to have the maintenance amount enhanced or if the respondents have got any fresh grounds, constituting the domestic violence, which happened subsequent to the passing of the order under section 125 of the code, they are at liberty to approach the magistrate under section 20 of the act to get an order for maintenance in addition to an order of maintenance already passed under section 125 of the code.22. ..... thus, if the husband neglects the wife or refuses to maintain her, the said act of the husband surely amounts to domestic violence and therefore, the aggrieved wife is entitled for monetary relief and such monetary relief may include, but not limited to the maintenance for the wife as well as to her children. .....
Tag this Judgment!Court : Chennai Madurai
..... violence in domestic relationship, the aggrieved party, namely, the wife filed a complaint against the husband under section 12 of protection of women from domestic violence act (hereinafter referred to as the p.w.d.v.act ..... the provisions of domestic violence act can be used as a shield / sword to get protection from the domestic violence and it cannot be used as a sword for the purpose of causing violence to the other partner in the life ..... deprivation of economic resources and prohibition as defined under section 3 (iv) of the domestic violence act comes within the purview of domestic violence (k.ramaraju vs. ..... 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 not limited to,- (a) the loss of earnings; (b) the medical expenses; (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, if any, including ..... word domestic violence has been defined in the p.w.d.v.act, 2005. ..... the wife filed a petition under section 12 of the p.w.d.v.act, 2005, seeking the following reliefs: i) to pass protection order prohibiting the respondent from committing any act of domestic violence either physically or mentally against her and daughter; ii) to pass a residence order, making provision for residence at the house, where the petitioner was .....
Tag this Judgment!Court : Chennai
..... 2014, on the file of the learned judicial magistrate, ambattur, by which, the petition filed by mr.v.vinod kumar, husband/father of the minor child, sanjana and his mother, mrs.shanthi, under section 15 of the protection of women from domestic violence act, 2005, to provide assistance of medical and welfare experts to the wife/mother and to evaluate/assess her mental ability and attitude to contest the proceedings before the learned judicial magistrate, ambattur, has been dismissed. 3. ..... the protection of women from domestic violence act, 2005, 2005 (act 43 of 2005), is enacted 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 ..... application under section 25 of the hindu minority and guardianship act, 1956, read with section 6 of the act, is maintainable, still the rights of the wife/mother, to seek for interim custody of the child, under section 21 of the domestic violence act, 2005, pending disposal of the main petition, ..... section 21 of the domestic violence act, deals with the custody orders and the same is extracted hereunder: notwithstanding anything contained in any other law for the time being in force, the magistrate may, at any stage of hearing of the application for protection order or for any other relief under this act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and .....
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