Court : Kerala
..... 68/2010 on the file of the judicial first class magistrate court-ii,kollam, which is an application filed under section 22 of protection of women from domestic violence act, 2005. ..... the petitioner also filed another petition dated under section 233 of the act for keeping the maintenance and minor child. ..... copy marked for references as annexure-a5 to a8 as expeditiously as possible at any rate within a period of two months from the date of copy of the order. .....
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..... he is the respondent in a petition filed under sec.12 of the protection of women from domestic violence act, 2005 claiming maintenance allowance and other reliefs under sec.18 of the said act. ..... it can never be an interim order passed under sec.23 of the protection of women from domestic violence act. ..... but, it is seen that the appeal arises from an interim order seeking a direction to the revision petitioner to pay maintenance allowance to the 2nd respondent. .....
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..... the petitioner has also filed m.c.no.9 of 2013 on the file of the court of the judicial magistrate of first class - ii, thiruvananthapuram under the protection of women from domestic violence act, 2005. ..... in this transfer petition, the petitioner prays for transfer of o.p.no.1809 of 2012 from family court, ernakulam to family court, thiruvananthapuram.2. ..... the marriage between them was solemnized on 27.11.2005. .....
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..... they filed the above petition under section 12 of the protection of women from domestic violence act, 2005, (for short, 'the d.v.act'), claiming reliefs under section 20 of the said act. ..... coming to the compensation awarded for mental agony, it could be seen that going by the sequence of events from the very beginning, his conduct appears to be unsatisfactory and the evidence of p.w.1 shows that he married again and thereafter even now he is residing along with another woman. ..... according to the revision petitioner, on 30/5/07 the women commission ordered the revision petitioner to give an amount of `1,200/- towards maintenance and he has been paying that amount.4. ..... :- to substantiate the plea of talak from the part of the revision petitioner. ..... it was also contended that the provisions of the d.v.act came into force on 26.10.2006 only. ..... indisputably, they are entitled to get maintenance allowance from the revision petitioner. ..... so, they are not eligible to get maintenance allowance from the revision petitioner. ..... therefore, the act has no retrospective effect. ..... :- pronounced 'talaq' on 3.8.2005. ..... act.6. ..... act, and i reject that contention also. ..... act, i am of the opinion that, so long as the alleged claim of talak stands, not proved and cause of action for maintenance is a continuing one, there cannot be a challenge against the jurisdiction under the d.v. ..... act. ..... act. .....
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..... at any rate, the counsel for the respondent himself submitted before the court that subject to her rights under the protection of women from domestic violence act, 2005, the respondent will not be enforcing the aforesaid right in any manner against the appellant. ..... further, it is also in evidence that parties had entered into an agreement on 11/2/2005, whereby, according to the appellant, the respondent had agreed to assign her share over the property to the appellant on his paying her an amount of `1,15,000/-. ..... he also contended that there was no income from the property and that he did not intend to commit any waste therein. ..... the petitioner is also allowed a permanent prohibitory injunction restraining the respondent from committing any waste in the property. ..... it is on the basis that half right of the property belongs to the respondent that she claimed partition, mesne profits and injunction restraining the appellant from committing waste in the property.5. .....
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..... proceedings before the trial court is one under the protection of women from domestic violence act, 2005 (for short, "the act"). ..... as per annexure-a2, the petitioner was restrained from committing domestic violence and he was directed to pay `3,000/- per month to the applicants/contesting respondents as rent for alternative accommodation and also to pay `2,000/- to each of the applicants. ..... that petitioner has not made any substantial payment, the petition is disposed of with the following direction: learned sessions judge, kottayam shall consider the appeal on merit and dispose the same in one month from the date of receipt of this order. ..... annexure-a1 is the application filed under section 12 of the act claiming maintenance, inter alia, other reliefs. ..... as follows: "interim stay granted only with regard to the payment of maintenance that too on a condition that the petitioner will clear the entire arrears in four equal monthly installments with the first one to commence from 26.11.2012. .....
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..... learned counsel appearing for first respondent contended that the present proceedings under domestic violence act is a separate one and the relief sought as per protection of women from domestic violence act 2005 is not yet granted and adjudication is pending. ..... the first respondent filed the above case under section 12 of protection women from domestic violence act 2005 against the petitioners claiming different reliefs. ..... before filing annexure i complaint, first respondent had preferred o.p.no.893 of 2007 under section 10(1)(x) of indian divorce act for dissolution of marriage and o.p.no.155 of 2008 for return of gold ornaments before family court, kozhikode. ..... the marriage between the first petitioner and first respondent was solemnized on 30.12.2005 at csi cathedral, kozhikode and a child was born in the wedlock. ..... the first petitioner filed o.p.no.18 of 2008 for restitution of conjugal rights under section 13 of divorce act. .....
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..... an order was passed by the learned magistrate under the provisions of protection of women from domestic violence act, 2005, directing the petitioner, who is the husband of the 2nd respondent, to pay monthly maintenance at the rate of rs.4,500/- to the 2nd respondent and rs.2,000/- to her child.2. .....
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..... 3001/2013 under section17of the protection of women from domestic violence act, 2005. ..... 3002/2013 under section18of the protection of women from domestic violence act, 2005. ..... 3003/2013 under section19of the protection of women from domestic violence act, 2005. .....
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..... it is alleged in the petition that since the petitioner suffered harassment at the hands of the respondent and the respondent deserted her and minor children, she filed mc.no.64/10 seeking reliefs under the provisions of the protection of women from domestic violence act, 2005 and the learned magistrate has allowed that application ordering maintenance to the petitioner. ..... on the basis of the allegations in the petition, a report was called for from the concerned magistrate court and the learned magistrate has submitted a report, which reads as follows: "m.c.no.64/2010 was on the file of this court and the same was disposed of on 24.9.2011. ..... but the respondent failed to file counter, therefore the court ordered to pay the entire arrears of maintenance within one month from 22.12.2012 and posted to 21.1.2013. ..... exhibit p5- the true photocopy of the location details from the website of the respondent. ..... )no.21 of 2014 3 leave from 6.5.2013 to 1.11.2013. ..... )no.21 of 2014 2 petitioner, the case was not posted as the file is missing from the court. .....
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