Court : Kerala
..... chief judicial magistrate of thiruvananthapuram under the protection of women from domestic violence act, 2005 and therefore, as no prejudice or inconvenience will be caused to the respondent who had instituted the case in the family court, thiruvananthapuram itself, the case now pending before family court, nedumangad may be transferred to family court, ..... .shajin s.hameed, learned counsel appearing for the respondent opposed the application and contended that family court, nedumangad is nearer to vattiyoorkkavu than family court, thiruvananthapuram and therefore, there is no reason to transfer the case from family court, nedumangad to family court, thiruvananthapuram.4. ..... in this transfer petition, the petitioner prays for transfer of o.p.no.1224 of 2012 from family court, nedumangad to family court, thiruvananthapuram.2. ..... 140 of 2013 () --------------------------- op no.1224/2012 of the family court, nadumangadu petitioner(s): -------------- swapna j.nair, d/o.s.jarardhanan nair presently residing at tc.16/1599, mullassery house kochar road, jagathy, thiruvananthapuram from tc.33/1599, java nivas, kuruvikkadu vattiyoorkkavu p.o. ..... the respondent thereupon filed o.p.no.575 of 2012 before the family court, thiruvananthapuram under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights. .....
Tag this Judgment!Court : Kerala
..... according to me, the above contention is untenable since the very same legislature which enacted act 25 of 1986, adopted the protection of women from domestic violence act, 2005, by passing the same in loksabha on 24/8/2005 and in rajyasabha on 29/8/2005 and thus came into effect on 26/10/2006. ..... it is clear that a divorced muslim woman is also not excluded from the purview of the protection of women from domestic violence act, 2005. ..... of 2013 :-5-: to me, whatever may be the proceedings adopted by the first petitioner to divorce his wife/the second respondent, who is the aggrieved person before the court below, are not ground to deny the privileges and protection given to a wife under the provisions of the protection of women from domestic violence act, 2005. ..... along with annexure-6 the aggrieved person has also filed annexure-i crl.m.c.no.2036 of 2013 :-4-: affidavit in support of the petition under section 23(2) of protection of women from domestic violence act, 2005. ..... day of august, 2013 order the petitioners are respondents in m.c.no.59 of 2013 pending before the judicial first class magistrate court-i, changanassery which is a proceedings instituted at the instance of the second respondent herein, under section 12 of the protection of women from domestic violence act, who is the alleged divorced wife of the first petitioner and the daughter-in-law of petitioners 2 and 3. .....
Tag this Judgment!Court : Kerala
..... the petitioner has filed m.c.no.93 of 2012 in the court of the chief judicial magistrate, kalpetta under the provisions of protection of women from domestic violence act, 2005 seeking protection orders and the said case is pending. ..... in such circumstances, accepting the uncontroverted averments in the transfer petition, i allow the transfer petition and transfer o.a.no.547 of 2012 from family court, kozhikode to family court, wayanad for trial and disposal. ..... in this transfer petition the petitioner prays for transfer of o.a.no.547 of 2012 from family court, kozhikode to family court, wayanad.2. ..... from kottathara to kozhikode, that the respondent is not paying any amount towards maintenance to her and in such circumstances unless o.a.no.547 tr.p(c)no.195/2013 -:2:- of 2012 is transferred from family court, kozhikode to wayanad she will be put to serious inconvenience. .....
Tag this Judgment!Court : Kerala
..... 94/2013 of thannithode police station, pathananthitta district, registered for the offence punishable under section 31 of the protection of women from domestic violence act, 2005, for short, 'the pwdv act'. ..... protection order was passed by the magistrate in favour of his wife, petitioner in a proceeding under by the pwdv act, still he assaulted her and caused obstructions to her enjoyment of the shared household, is the allegation. .....
Tag this Judgment!Court : Kerala
..... .ramesh babu, who is a police officer has been restrained by exhibit r3(j) and r3(k) orders passed by the judicial first class magistrate - ii, kanjirappilly under the provisions of the protection of women from domestic violence act, 2005. ..... the report that the second respondent appears to have obtained from the third respondent is to the effect that the petitioner has been residing in kozhikode district for the past 20 years in connection with her ..... exhibits r3(j) and r3(k) protection orders have been passed in favour of the sister- in-law of the ..... the said person is also restrained from creating any obstruction to the petitioner's sister- in-law in taking income from an item of property comprised in sy.no.318(318/46/a) block no.26 of -:8:- ..... as per exhibit r3(k), the said person has been restrained from entering house no.21, ward no.viii of the mundakayam gramapanchayat. ..... also notice that an enquiry has been conducted as evident from the statements obtained, produced as exhibits r3(a) to exhibit r3(e) ..... per exhibit r3(j), the right of the sister- in- law of the petitioner to reside in her matrimonial house has been protected. ..... 782 of 2013-w considered by the said authority, after obtaining a report from the secretary of the panchayat. ..... her appearance, the electoral registration officer who is the tahsildar, kanjirappilly required the petitioner to produce a residential certificate from the third respondent panchayat. ..... statements were obtained from the petitioner's mother as well as sister .....
Tag this Judgment!Court : Kerala
..... the first respondent who is the wife of the petitioner lodged complaint before the magistrate court under section 12 of the protection of women from domestic violence act, 2005 claiming relief under sections 18,19,20 and 22 of the act.2. ..... (crl) is disposed of, directing the judicial first class magistrate court -i, attingal to consider exts.p6,p7 and p8 petitions, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of the judgment, on condition that the petitioner shall deposit rs.1 lakh within a period of two months from today before the court below. ..... the petitioner shall submit a copy of the judgment before the court below within a period of one week from today. .....
Tag this Judgment!Court : Kerala
..... was filed by the 1st respondent herein under section 12 of the protection of women from domestic violence act, 2005, praying reliefs under sections 18, 20 and 22. ..... the revision petitioner was apprehended from committing any act of domestic violence and he was directed to pay a sum of rs.3,000/- and rs.1,000/- respectively, towards maintenance of the 1st respondent and the child. ..... nothing stated as to the date of departure from the native place or the date of arrival to the native place. .....
Tag this Judgment!Court : Kerala
..... all that the court below has now done is only to pass an interim order as envisaged under section 23(2) of the protection of women from domestic violence act, 2005, directing the petitioner to pay a sum of 7500/- per month as interim maintenance to the petitioner before the court below and her minor daughter. ..... the grievance of the petitioner is that as a retaliatory measure, his wife instituted a case under the domestic violence act and an interim order has been passed granting maintenance to his wife and the child.4. ..... it must be remembered that domestic violence act has been enacted in addition to the provisions contained in section 125 of cr.p.c. ..... according to the petitioner herein, he was always willing to maintain his wife and she used to go away from his house without informing him and she used to lead a questionable life. ..... further, it is not as if the petitioner is precluded from bringing the real facts before the court and establishing that crl.m.c. no. ..... the petitioner before this court would say that he had occasion to complain about the acts and conduct of his wife as is evidenced by annexure a7. ..... even assuming that the wife has her own means of income, that does not absolve the husband from maintaining his wife. .....
Tag this Judgment!Court : Kerala
..... the order under challenge was passed by the magistrate under sec.23(1) of the protection of women from domestic violence act, 2005 (for short 'the act').2. ..... the 1st respondent sought for an interim direction, prohibiting the commission of any domestic violence against them, protection orders, residence orders and interim maintenance @ rs.15,000/- per month. ..... after considering the averments in the affidavit, the learned magistrate directed the revision petitioner not to commit any acts of domestic violence and to provide monthly maintenance allowance of rs.5,000/- to the 1st respondent. ..... in view of the fact that the legislation itself is intended to provide protection to the rights of women, who are victims of violence of any kind of occurrence within the family. ..... crl.r.p.no.2054 of 2013 4 therefore, the learned magistrate is justified in granting an interim order against domestic violence also. ..... however, the learned magistrate is directed to dispose of the case after trial within a period of three months from today. .....
Tag this Judgment!Court : Kerala
..... 57/2013 before the judicial first class magistrate court-i, aluva seeking order under section 20 of the protection of women from domestic violence act, 2005, directing the respondent to pay a consolidated monthly maintenance at the rate of rs.10,000/- to the 1st petitioner and rs.5,000/- each to the petitioners 2 and 3, pass a residence order under section 19 of the act directing the respondent to accommodate the petitioners in the shared household or to provide an alternate residence for the petitioners or pay them an amount of rs.15,000/- monthly rentals for ..... it is also submitted that at the time of separation of the 1st petitioner and the respondent, the 1st petitioner was having sufficient source of maintenance whereas she lost her employment on account of the highhanded interference from the side of the respondent. ..... situation, there will be a direction to the judicial first class magistrate's court-i, aluva to consider and dispose of ext.p2 petition for interim order after affording an opportunity of being heard to both sides within a period of one month from today. .....
Tag this Judgment!