Court : Kerala
..... the petitioner has instituted proceedings before the additional chief judicial magistrate court, thiruvananthapuram under the protection of women from domestic violence act, 2005 and that is pending. ..... the petitioner has instituted m.c.no.5/2014 before the additional chief judicial magistrate court, thiruvananthapuram seeking relief under the protection of women from domestic violence act, 2005. ..... it is also pointed out that he is being threatened by the petitioner and her relatives and their attempt is to prevent the respondent from attending the case in the family court, ernakulam. ..... it is very sad to know that the relationship has become so bitter which is evident from the accusation levelled against each parties and as revealed from the records produced before t.p. ..... order this is a petition filed under section 24 of the code of civil procedure seeking transfer of o.p.no.1780/2014 from family court, ernakulam to family court, thiruvananthapuram.2. ..... she can seek exemption from personal appearance.9. ..... ashok kishinchand sadhwani (air2009sc1374 and contended that the consistent stand taken by courts is that the petition by the wife would be viewed with leniency since in all the posting dates wife cannot seek exemption from appearance. .....
Tag this Judgment!Court : Kerala
..... the animosity of the 1st respondent towards the petitioners arose in the proceedings with respect to interim custody of a minor child sought for in a case under the protection of women from domestic violence act, 2005 [for brevity "act of 2005"], according to the petitioners.3. ..... the animosity of the 1st respondent is said to have arisen in a proceeding under the act of 2005, wherein one lady working at scotland had approached the magistrate's court, inter alia with a petition under section 21 of the act for interim custody of a three year old child, who was in the custody of her in-laws ..... though on the filing date; the respondents were directed to produce the child and the passport on 14.08.2014, on the said date a lawyer from idukki is said to have appeared for the respondents and sought for an adjournment. ..... the cjm had perused the records of the case to find that there was no positive overt act alleged on accused 2 to 6 whose bail applications were dismissed on the same day. ..... when the matter was called on 14.08.2013, it is stated that a lawyer from wp(c).no.22597 of 2015 - 4 - idukki, where the minor child admittedly resided with the grandparents; appeared and without complying with the earlier order of the court, sought for a variation of the same ..... with respect to the allegations raised on the bail applications filed in crime no.495/14, the specific allegation is that the 1st respondent was favouring one particular advocate and acting with animosity towards the petitioners herein. .....
Tag this Judgment!Court : Kerala
..... the said proceeding brought under section 12 of the protection of women from domestic violence act, 2005 (for short, 'd.v.act') was disposed of by the learned magistrate on 30.11.2012, granting protection order, and also maintenance order. ..... in the result, this original petition is disposed of as follows: a) the learned magistrate will anxiously consider ext.p15 application brought by the petitioner under section 25(2) of the d.v.act, make an enquiry, record evidence therein, and take appropriate judicious decision within a period of three months. ..... any way, he later filed an application before the learned magistrate under section 25(2) of the d.v.act as c.m.p.no.2257/2015, for cancellation of the order on the basis of material change in the circumstances. ..... in this petition brought under article 227 of the constitution of india, the petitioner, who is the respondent in the d.v.act proceedings, seeks orders directing the learned magistrate to dispose of his application under section 25(2) of the d.v.act, without any delay, and also directing the court below to set aside ext.p.14 order, in execution of which, he was removed from the premises.2. ..... c) the petitioner's contention that he stands not actually evicted from the premises will also have to be seriously considered by the learned magistrate in the process of taking decision. sd/- p. ..... the prayer, for an order to remove the petitioner herein from the shared household was disallowed by the learned magistrate. .....
Tag this Judgment!Court : Kerala
..... until the protection of women from domestic violence act,2005 was enacted, the ethos of indian society never accepted the living in ..... and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents. ..... is declared null and void or annulled by a decree of nullity any rights in or to the property of any person other than the parents in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents. ..... 2005 act, only some restricted rights are conferred on women ..... the object of the act is to protect children born to hindus, once it is proved that they performed the ceremony of a marriage, in whatever form it be, although ultimately it may later turn out ..... of the respondents that since a void marriage is a nullity from its inception and does not exist in the eye of law, the question whether a void marriage had taken place or not is inconsequential, insofar as a claim of right under section 16 of the act is concerned. ..... from any perspective, we are unable to think that the legislature intended no legal consequence for using the expression marriage , which may be null and void, in section 16 of the act .....
Tag this Judgment!Court : Kerala
..... the first respondent herein, as aggrieved person under section 12 of the protection of women from domestic violence act, 2005, claiming reliefs under sections 18, 19, 20 and 22 of the act. ..... complaint was filed under section 12 of the protection of women from domestic violence act, first respondent was the wife of the ..... /- to the aggrieved person being the amount received by him from the aggrieved person and directed to pay rs.1,00,000/- to the aggrieved person as compensation for the mental and physical torture meted by her at the instance of the respondent and restrained him from committing any act of crl.r.p.no.2490 of20132 domestic violence against the petitioner and the children and also to pay rs.1000 ..... /- to the first respondent and rs.1000/- each to the children can be fixed interim maintenance and if the revision petitioner deposits the arrears of maintenance at this rate as ordered by the court below from the date of petition namely, 19.11.2011, he can be given an opportunity to meet the case on merit if the arrears of maintenance is paid within two months at the above rate, then the ..... first respondent herein as pw1 an exparte order was passed directing the revision petitioner herein, to pay maintenance @ rs.3000/- to the aggrieved person and rs.2000/- each to the children from the date of petition namely, 19.11.2011 and the revision petitioner is directed to return 50 sovereigns of gold ornaments or its present value within two months and directed to pay rs.3,50,000 .....
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
..... herein approached the additional chief judicial magistrate court(economic offences) ernakulam during the month of january, 2013 by filing a petition under section 12 of the protection of women from domestic violence act and thus m.c.no.7/2013 is instituted in the court at ernakulam against the first respondent alone. ..... 2007 in the valapattanam police as crime no.591/2007 and after a long gap of 6 years, the first petitioner herein preferred the petition under section 12 of the protection of women from domestic violence act as well as private complaint against the first respondent who is her husband. ..... of the judicial first class magistrate court-ii, kannur who approached this court by filing the above petition under section 407 of cr.p.c with a prayer to transfer the above case from the judicial first class magistrate court-ii, kannur to the court of additional chief judicial magistrate (economic offences) ernakulam or to any other court having competent jurisdiction at ernakulam.2. ..... 420 of ipc, wherein the allegation is that the money sent by the first respondent who is the complainant therein from abroad to the bank account of the first petitioner has been misappropriated and cheated him in connection with the construction of ..... considering the allegations in the criminal case, the witnesses are from the kannur area and if the case is transferred from kannur to ernakulam, as part of the unnecessary litigation between the spouse and the relatives, it will be against the interest of .....
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
..... it is also to be noticed that the victim had earlier filed a complaint against the father under the domestic violence act. ..... it is difficult to understand how section 11(i) of protection of children from sexual offences act can be attracted as far as the petitioner is concerned. ..... at any rate, according to the petitioner, by no stretch of imagination, section 11(i) of protection of children from b.a.no.5559/2013 2 sexual offences act can be attracted as far as the petitioner is concerned. ..... petitioner is 2nd accused in crime no.1573/2013 of ollur police station who is alleged to have committed the offences punishable under sections 323, 341, 354, 506(i) read with section 34 of indian penal code and section 11(i) of protection of children from sexual offences act, 2012. ..... there can be no doubt regarding the fact that the petitioner being the mother of the victim is bound to take necessary steps to protect the minor girl. ..... learned public prosecutor opposed the petition and pointed out that the investigation is going on and that the petitioner being mother of the victim was bound to take steps as are necessary to protect her minor girl.4. ..... according to her, there has been series of litigations between the petitioner and her husband and she always attempted to protect the de facto complainant. .....
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!