Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Court: delhi Page 3 of about 450 results (0.178 seconds)

Rachna KathuriA.Vs. Ramesh KathuriA.

Court : Delhi

..... petitioner filed an application under section 12 of the protection of women from domestic violence act, 2005 (in short the act) and along with it she filed an application under section 29 of the act seeking maintenance. ..... it must be understood that the protection of women from domestic violence act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved ..... /2010 page 2 of 3 already granted, she will have to move the same court and she cannot approach mm under the protection of women from domestic violence act by way of an application of interim or final nature to grant additional maintenance. ..... learned court of mm observed that petitioner was living separate from her husband since 3rd january, 1996. ..... had filed a civil suit under hindu adoption and maintenance act and an application under section 125 cr.p.c. ..... the court of mm under the act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under civil court or under ..... if a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in civil suit or by court of mm in an application under section 125 ..... /2010 page 1 of 3 she was getting a total maintenance of ` 4000/- per month from the respondent. ..... does not have a right to claim additional maintenance under the act. .....

Sharad Kumar Pandey.Vs. Mamta Pandey.

Court : Delhi

..... judgment dated 3rd november 2009 passed by learned additional sessions judge, delhi dismissing the revision petition of the petitioner against an order passed by learned magistrate taking cognizance of a complaint under section 12 of the protection of women from domestic violence act, 2005 (in short, "the act").2. ..... jurisdiction by the magistrate in such cases would be contrary to the act as the act envisages help from police of the local area where domestic violence had taken place and it envisages visit by the protection officer to the share household and to the place of incident. ..... that a magistrate, after hearing the aggrieved person and the respondent, on being prima facie satisfied about domestic violence having taken place, may pass a protection order in favour of the aggrieved person and prohibit the respondent from committing certain acts as given in this section. ..... from different provisions of this act, it is apparent that the scheme of the act provides that protection officer, service provider and police to help the aggrieved person in not only approaching the court for redressal but to ensure that the domestic violence is not further perpetuated and an aggrieved person gets shelter either in the shelter home or after the residence order in ..... also find it difficult to serve respondent if she moves far away from the place of domestic violence and the magistrate may find it difficult to ask the protection officer and other service providers of far off places to help.9. .....

A.S. Kela Vs Chandra Meshwari and anr.

Court : Delhi

..... copy of the petition filed before the trial court under the protection of women from domestic violence act, 2005 records details of the property owned by the petitioner. ..... passed by the learned additional session judge dismissing the appeal filed by the petitioner and upholding the order dated 19th november, 2009 passed by the learned metropolitan magistrate granting interim maintenance under the protection of woman from domestic violence act, 2005. ..... the respondent however claims that the said apartment was purchased from her money. .....

Abdul Rub and ors. Vs Razia Begum

Court : Delhi

..... razia begum widow of the deceased abdul rauf and other has been filed by her father-in-law, brothers-in-law and others who were made respondents in the application under section 22 of protection of women from domestic violence act, 2005 (in short domestic violence act) by razia begum. 1). ..... it has to be noticed that although domestic violence act is not a penal law but it is a peculiar act where non-compliance of the order passed under the act has been made as an offence under section 31 of the act and an fir can be registered against the person who does not comply with the order and this offence is triable by the same magistrate who passed the interim order for protection or maintenance. ..... . it is expected from the trial court that before passing an order under domestic violence act, it must be satisfied that there existed a domestic relationship between the petitioner and the respondent ..... . the trial court and the sessions judge passed interim orders without satisfying themselves of basic requirement of domestic violence act that the order can be passed only against the 'respondents' who had been in 'domestic relationship' with the 'aggrieved person' ..... the order of learned mm passed under section 22 of domestic violence act shows that the order was passed against five male respondents and all woman respondents seem to have been dropped. ..... in her application under domestic violence act, razia begum had made 11 respondents and she specified her relations with respondents as under:2). .....

Razia Begum Vs State Nct of Delhi and ors.

Court : Delhi

..... razia begum widow of the deceased abdul rauf and other has been filed by her father-in-law, brothers-in-law and others who were made respondents in the application under section 22 of protection of women from domestic violence act, 2005 (in short domestic violence act) by razia begum. 1). ..... it has to be noticed that although domestic violence act is not a penal law but it is a peculiar act where non-compliance of the order passed under the act has been made as an offence under section 31 of the act and an fir can be registered against the person who does not comply with the order and this offence is triable by the same magistrate who passed the interim order for protection or maintenance. ..... . it is expected from the trial court that before passing an order under domestic violence act, it must be satisfied that there existed a domestic relationship between the petitioner and the respondent ..... . the trial court and the sessions judge passed interim orders without satisfying themselves of basic requirement of domestic violence act that the order can be passed only against the 'respondents' who had been in 'domestic relationship' with the 'aggrieved person' ..... the order of learned mm passed under section 22 of domestic violence act shows that the order was passed against five male respondents and all woman respondents seem to have been dropped. ..... in her application under domestic violence act, razia begum had made 11 respondents and she specified her relations with respondents as under:2). .....

Diwan Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

Reported in : AIR2011Del76(FB)

..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... 1.by the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent. 6. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service provider. ..... - (1) an aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. .....

Bhupender Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... 1.by the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent.6. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service provider. ..... -(1) an aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. .....

Shumita Didi Sandhu Vs Sanjay Singh Sandhu and ors.

Court : Delhi

..... the protection of women from domestic violence act, 2005, would come into play only when domestic violence takes ..... so holding had virtually dismissed the suit itself without recording any satisfaction on the facts, it would be necessary for us to consider the decisions cited at the bar as also the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said ..... 2008) 106 drj 623 by way of persuasive value to submit that under the protection of women from domestic violence act, 2005, there is no concept of matrimonial home. ..... person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate;(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection order.19. ..... the magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other .....

Eveneet Singh Vs. Prashant Chaudhri and ors.

Court : Delhi

..... the directions contained in that judgment, the court had upheld the right of the plaintiff in one of the suits, (hereafter referred to as "eveneet") to residence in terms of section 17 of the protection of women from domestic violence act, 2005 (hereafter referred to as "the domestic violence act"). ..... order to facilitate and effectuate this order, the parties are directed to appear before the court handling the complaint under the domestic violence act, on 4th january, 2011, which shall oversee that prashant complies with section 19 (1)(f), within ten weeks from today. ..... as held earlier,though eveneet has made a complaint under the domestic violence act, in which orders have not been made, yet this court also has concurrent jurisdiction under section 26 to make appropriate orders in this regard, and mould the ..... (os) 341/2007 (decided on 26.10.2010), as well as section 19(1)(f) of the domestic violence act, and instead directed that she ought to be given alternative accommodation. ..... to the court dealing with the complaint under the domestic violence act was purely a facilitating mechanism. ..... no doubt under an obligation to offer alternative accommodation - this process was to be monitored by the court dealing with the complaint under the domestic violence act. 8. ..... pointed-out that eveneet's rights having been declared in para 19 of the judgment, and the matter has to be relegated for appropriate effectuation by the magistrate dealing with the complaint under the domestic violence act. .....

Satender Vs. State

Court : Delhi

..... shri vipin siroha, pw -14 (pinki's counsel) had stated that she had also preferred a complaint under the protection of women from domestic violence act, 2005 against the appellant, which too was pending before the rohini court and was scheduled for hearing on 18.10.2007. ..... pw2 in his examination-in-chief deposed that when they reached the spot they saw "from the gate which was of iron rods having gap in between that accused satender present in the court today (pointed out correctly) was hitting a lady with brick and stone pieces ..... pw-2 stated that when he and pw-1 left for the hospital no other police man from police station narela had reached the spot where the incident occurred. ..... pw-1 and pw-2 rushed to the spot; the iron rod door was bolted from inside but because of the gaps what was going on inside was visible. ..... so far as the testimony of pw- 14 is concerned this court has previously noticed that he deposed having received the telephone call; from pinky's number and also that he was her counsel. ..... the first entry in relation to this case records fir no.553/2007 and the articles seized from the deceased at the time the mlc was prepared. ..... moreover submitted learned counsel, the material placed on record also showed that calls emanated from that mobile number even after pinki's alleged death (at 3.30 pm) i.e. ..... was argued that pw-1's statement could also not be relied upon because he had deposed that having received a call from mobile no.9990951448 which according to him belonged to pinki. .....