Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Court: kerala Page 2 of about 75 results (0.147 seconds)

Dr. Preceline George Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT454

..... what is the procedure to be adopted by a magistrate while dealing with an application filed under section 12 of the protection of women from domestic violence act, 2005? ..... as is clear from the statement of objects and reasons, the protection of women from domestic violence act is enacted to provide for a remedy under the civil law, which is intended to protect the women from being the victims of domestic violence and to prevent the occurrence of domestic violence in the society. ..... ext.p2 ex parte order was passed under section 23(2) of the protection of women from domestic violence act (hereinafter referred to as the act) without notice to the petitioner directing him not to enter into the compound of the house of the parents of the second respondent wife and also directing him to pay rs. ..... sub-section (2) reads:(2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.rule 12 of the protection of women from domestic violence rules, 2006 provides means of service of notices. .....

K. Binulal Vs. R.S. Roopa

Court : Kerala

Reported in : 2011(3)KLJ782; 2011(3)KLT933; 2011(3)ILR(Ker)836; 2011(3)KHC738

..... first class magistrate, neyyattinkara will permit the respondent wife to move such request as may be permissible in law to revive any request by her for maintenance in the course of proceedings under the protection of women from domestic violence act, 2005, now that the order in her favour by the family court in that regard is being vacated thereby. ..... pointed out on behalf of the respondent that in view of the order that is now challenged, the wife has not pressed the request by her for maintenance under the provisions of the protection of women from domestic violence act, 2005 pending before the judicial first class magistrate court, neyyattinkara. ..... in the absence of any enabling provision in the g and w act entitling the wife to claim maintenance for herself pending consideration of an application under the g and w act in relation to the child, we do not find any substantive right ..... and w act does not contain any provision similar to that in section 24 of the hindu marriage act, 1955; section 36 or 41 of the indian divorce act, 1869; section 38 of the special marriage act, 1954 or section 39 of the parsi marriage and divorce act, 1936 ..... the proceedings under the g and w act is not necessarily a litigation relating to or generated by the matrimonial tie and ..... order for interim maintenance to the wife, it has to be noted that the main matter pending before the family court is only an application filed by the husband under the provisions of the g and w act for custody of the child. .....

Anoopkumar, Karimpurath House, Erumpayam (Po) Vs. the State of Kerala, ...

Court : Kerala

..... the application was one under section 23 of the protection of women from domestic violence act, 2005 for maintenance at the rate of rs.10,000/- per month. 3. ..... the further contention was that the petitioner also earns rs.3,000/- per month from the landed property. ..... petitioner complains of cruelty at the hands of the inmates of the house of the first respondent and also alleged that she was being harassed asking her to get money from her house. .....

P.T. Hamza Vs. State of Kerala, Represented by Public Prosecutor, High ...

Court : Kerala

..... in this petition under section 482 of the code of criminal procedure, the respondent in m.c.no.323/2011 on the file of the judicial magistrate of the 1st class, parappanangadi, a petition under section 12 of the protection of women from domestic violence act, 2005, seeks an order to quash all further proceedings in the above petition. ..... at para 5 the learned single judge held as follows: "it is not the form that has to be looked into in determining the reliefs canvassed under the act, but as to whether the allegations set out in such application make out a case for commencement of a proceeding under the act, which is intended to prevent domestic violence. .....

T.K. Surendran, Mannarkkad Taluk Vs. P. Najima Bindu, Kannur District ...

Court : Kerala

..... of the relevant provisions of the protection of women from domestic violence act, 2005 (for short the dva) ..... paragraph-9: this provision is a measure of social justice and specifically enacted to protect women and children and falls within the constitutional sweep of art.15(3) reinforced by art.39. ..... the socialist legislature flowing in favour of the deprived section of feminine humanity who are unable to find a saviour to give them comfort, protection and dignity of life consequent to the unfortunate termination of their matrimony and their inability to get settled in their life thereafter by re-marriage ..... considered opinion, as has been held by this court in chand dhawans case (supra), the expression used in the opening part of section 25 enabling the court exercising jurisdiction under the act at the time of passing any decree or at any time subsequent thereto to grant alimony or maintenance cannot be restricted only to, as contended, decree of judicial separation under section 10 ..... favour of such wives of terminated marriages who remain unmarried found expression in the expansive inclusion of certain categories of women within the protective sweep of sec.125 cr.p.c. ..... stem or emanate from such a marriage which is annulled under sec.12 of the hindu marriage act, contends counsel. ..... inferred from long cohabitation of parties and acts of ..... 2005 sc 422) that the wife in an annulled marriage is also entitled for permanent alimony and maintenance under sec.25 of the hindu marriage act .....

Manju A. Nair Vs. State of Kerala, Represented by Its Public Prosecuto ...

Court : Kerala

..... the protection of women from domestic violence act 2005 is enacted to provide 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 matters connected therewith or incidental thereto. ..... a learned single judge, while considering the question whether a mother could proceed against her daughter under the provisions of the protection of women from domestic violence act, taking note of the two decisions of this court in ramadevi v. ..... hence the following question was referred to a larger bench for an authoritative pronouncement on whether the proviso in the definition of respondent under section 2(q) of protection of women form domestic violence act (hereinafter referred to as the act) enables only an aggrieved wife or a woman living in a relationship in the nature of marriage, to proceed against the relative of the husband or the male partner as a respondent in a proceeding under the act, or, does it enlarge and include all persons falling under the definition of aggrieved person under the act. ..... as is clear from the statement of objects and reasons, the act was enacted keeping in view the rights guaranteed under articles 14, 16 and 21 of the constitution, to provide a remedy under the civil law which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. .....

Venugopalan S/O. Velayudhan Nair Vs. Jayasree V. Nair, D/O. Gopala Kur ...

Court : Kerala

..... the husband received notice in c.m.p.no.298 of 2012 filed by the wife for a protection order and a residence order under the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as `pwdv act'). ..... rights guaranteed under articles 14, 15 and 21 of the constitution, the pwdv act was enacted to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. 7. ..... the domestic violence act provides for a higher right in ..... recommendations of the united nations committee on convention and elimination of all forms of discrimination against women (cedaw), and being aware that the civil laws of the land do not address the phenomenon of domestic violence in its entirety, the parliament enacted the pwdv act. ..... the parliament thought that domestic violence is undoubtedly a human rights issue and ..... arises as to the right of the wife in the shared household, normally, the courts would be reluctant to grant an injunction restraining the wife from entering into the house (the shared household) unless it is established that there is no domestic relationship or that the house in question is not a shared household. ..... sub section (1) of section 17 of the pwdv act provides that notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial .....

Latha Vs. Ramakrishnan

Court : Kerala

..... the same is one filed under section 12 of the protection of women from domestic violence act, 2005. ..... therefore if the mediation does not succeed, there will be a direction to dispose of the matter expeditiously, at any rate, within a period of two months from the crl.m.c.no.3733/2012 -2- date of receipt of a copy of this order. ..... this court had called for a report from the court concerned. .....

P.P.Thomas Vs. Darli Sanjeev

Court : Kerala

..... /2012 ~~~~~~~~~~~~~~~~~~~~~~~~~~ dated this the 3rd day of january, 2013 order this criminal miscellaneous case is filed by the petitioners who are arrayed as respondents in a proceedings initiated by the first respondent herein under the provisions of the protection of women from domestic violence act, 2005. ..... it is not necessary to go into the details of the complaint as it is clear from the pleadings that what is objected to by the petitioners is the filing of a petition as per annexure-a6 by the first respondent claiming to send her for a medical examination.2. ..... the first respondent, who is the daughter of the first petitioner has invoked the provisions of the said act by filing annexure-i complaint. ..... my attention was invited to section 136 of the evidence act. .....

Showkath Vs. Rajeena

Court : Kerala

..... petitioner is the husband of one rajeena and the father of one shehanas and siraj, who are the petitioners in m.c.no.208 of 2010, which is a proceeding instituted under section 12 of the protection of women from domestic violence act, 2005, wherein the reliefs sought for are under sections 18, 19 and 20 of the act. ..... as to interfere with the concurrent finding of the trial court as well as the appellate court, especially when the appellate court has observed that the petitioner can approach the trial court under section 19(f) of the domestic violence act, if the circumstances so demand. ..... the entire evidence and materials on record, the trial court allowed the application and accordingly, the sole respondent, who is the revision petitioner herein, is restrained from harassing the petitioners either physically or emotionally and the respondent is further restrained from alienating the property as per ext.d1 by including the shared household namely 'siraj mahal'. ..... the trial of the case, pws.1 to 4 were examined from the side of the applicants and exts.p1 to p9 were marked and from the side of the respondent, though no crl.r.p.no.36/2013 :2 ..... from the above discussion and materials on records referred to above, it can be seen that, the lower appellate court has observed that, the appellant/petitioner can approach the trial court under section 19(f) of the act, if the circumstances change and crl.r.p.no.36/ ..... respondent is restrained from evicting the petitioners from the shared household. .....