Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Court: madhya pradesh Page 1 of about 22 results (0.155 seconds)

Ajay Kant and ors. Vs. Smt. Alka Sharma

Court : Madhya Pradesh

Reported in : 2008CriLJ264; I(2008)DMC1; 2007(4)MPHT62; 2007(4)MPLJ193

..... 848/07, whereby the learned magistrate had issued notice to the petitioners on an application filed by the respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act').2. ..... parties, jointly by the aggrieved 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 dependents, 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.section 31. ..... 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 place frequented by the aggrieved .....

Razzak Khan and ors. Vs. Shahnaz Khan

Court : Madhya Pradesh

Reported in : 2008(4)MPHT413

..... dated 29-9-2007 by learned jmfc jabalpur in proceeding under section 9(b), 37(2)(c) of protection of women from domestic violence act, 2005 (in short 'act 2005') whereby these revisions have been filed before this court.2. ..... -(a) 'aggrieved person' means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;(f) 'domestic relationship' means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption ..... or are family members living together as a joint family;(s) 'shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along ..... so, divorcee wife shahnaz khan in view of section 19(1)(f) of the 'act 2005' in the alternative husband ramzan khan is directed to secure same level of alternate accommodation for shahnaz khan as enjoyed by her in the shared house with the help of protection officer or he will pay rs. .....

Madhusudan Bhardwaj and ors. Vs. Mamta Bhardwaj

Court : Madhya Pradesh

Reported in : 2009CriLJ3095

..... 5279/2007, whereby the learned magistrate has partly allowed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act') filed by respondent-mamta bhardwaj, the wife of the petitioner no. ..... in support, he has drawn attention at section 28 of the act and rule 6(5) of the protection of women from domestic violence rules, 2006(hereinafter referred to as the 'rules') and has submitted that the procedure for disposal of an application under section 125 of cr.p.c. ..... it is clear that the act has been enacted for safeguarding the rights of a woman guaranteed under the constitution and to provide protection against her victimization from domestic violence, interpretation of the provisions keeping this pious principle in mind is required . ..... - 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)to(g)....section 28. ..... as argued, it is true that the opening words of the section 18 are that- 'the magistrate may, after giving the aggrieved person and 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...'. .....

Sunil @ Sonu Vs. Sarita Chawla (Smt.)

Court : Madhya Pradesh

Reported in : 2009(5)MPHT319

..... short facts of the case are that the respondent filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (no. ..... is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.learned counsel submits that similarly the word protection order has been defined under sub-section (o) of section 2 as under:(o) 'protection order' means an order made in terms of section 18.learned counsel submits that since no protection order has been passed by the learned court below, whereby the petitioners have been prohibited from committing any act of domestic violence, therefore, prosecution ..... in sub-section (q) of section 2 of the act, which reads as under:(q) 'respondent' means any adult male person who is, or has been in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act.learned counsel submits that the protection order can be passed under section 18 of the act, which empowers a magistrate to pass a protection order in favour of the aggrieved person and prohibit the respondent for committing any act of domestic violence. ..... section 18 of the act empowers the court for passing a protection order against a respondent, who commits any act of domestic violence. ..... in the complaint it was prayed that petition filed by the respondent be allowed and the petitioners be restrained from causing domestic violence. .....

Rajaram Panwari and ors. Vs. Dr. Asha Panwari (Smt.) and ors.

Court : Madhya Pradesh

Reported in : 2010(1)MPHT383

..... 1 before the learned court below under the provisions of protection of women from domestic violence act, 2005, which shall be referred hereinafter as 'act', wherein various allegations were made against the petitioners. ..... 1336/2007, where the interim application filed by the respondents under section 12 of the protection of women from domestic violence act was allowed and the interim directions issued by learned trial court were further modified, present petition has been filed.2. ..... the protection of women from domestic violence act has come in force w.e.f. ..... parties jointly by the aggrieved 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 respondents, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection.12. ..... thus, section 18 of the act empowers the court to pass a protection order in favour of aggrieved person and prohibits 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 place frequented by the aggrieved person;(e) alienating any assets; operating bank lockers or bank accounts used or held or .....

Tehmina Qureshi Vs. Shazia Qureshi

Court : Madhya Pradesh

Reported in : 2010(1)MPHT133

..... nutshell giving rise to this petition are that respondent has filed one application under section 12 of protection of women from domestic violence act, 2005 (in brevity 'the act of 2005') against petitioner and others in the court of jmfc, gwalior. ..... it is well known that protection of women from domestic violence act, 2005 came into force from 26th october, 2006, vide ..... cannot be made respondents in proceedings under the protection of women from domestic violence act, 2005.8. ..... opposed the application and submitted that while disposing of the application under sub-section (1) of section 12 of the act of 2005, magistrate may on being satisfied that domestic violence has taken place, pass a residence orders vide section 19 of the act:(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing ..... the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the .....

Smt. Jyoti Bangde. Vs. Shri Sanjay Bangde.

Court : Madhya Pradesh Jabalpur

..... facts giving rise to this petition are that the respondent herein, being husband of the applicant, on arising some matrimonial dispute between them, filed the aforesaid civil suit under section 13(1)(ia)(ib) of the hindu marriage act, 1955 for decree of divorce in the family court, sagar, while at the instance of the applicant, a criminal case under section 12 of the protection of women from domestic violance act, is pending in the court of jmfc bhopal. ..... if on the above or other relevant considerations, the court feels that the plaintiff or the defendant is not likely to have a `fair trial' in the court from which he seeks to transfer a case, it is not only the power but the duty of the court to make such order. ..... , by allowing this petition, the above mentioned civil suit no.61-a/09 pending in the family court, sagar is hereby ordered to be transferred from such court to the family court bhopal for its further trial and adjudication. ..... also argued that he is paying the interim alimony and the expenses of the litigation as directed by the trial court, therefore, there is no necessity to transfer the case from sagar to any other court of bhopal and prayed for dismissal of this petition.6. ..... this petition is preferred by the applicant/wife under section 24 of the cpc for transferring the civil original suit no.61-a/09 filed by the respondent/husband under section 13(1)(ia)(ib) of the hindu marriage act, 1955 in the family court sagar, from such court to the competent court at bhopal. .....

Ajay Sharma Vs. Smt. Archana Sharma

Court : Madhya Pradesh

..... for redressal of her grievance, the respondent filed the application under section 12 of the protection of women from domestic violence act 2005. ..... such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such magistrate thinks fit, and to pay the same to such person as the magistrate may from time to time direct: provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub section, order such person to make a monthly allowance ..... for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceedings which the magistrate considers reasonable,and to pay the same to such person as the magistrate may from time to time direct: provided also that an application of the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall ,as for as possible , be disposed of within sixty days ..... from the date of the service of the notice of the application to such person,] sec.127(1)- [on proof of a change in these circumstances of any person, receiving under section 125 a monthly allowance for the maintenance or interim maintenance or ordered .....

SirajuddIn Khan @ Siraj Vs. Dr. Shahnaz Firdous

Court : Madhya Pradesh

..... judgment /01/2013 this petition has been preferred under section 482 of code of criminal procedure, 1973 (in short cr.p.c) seeking relief of quashment of proceedings pending in the court of jmfc, jabalpur as mj.no.30/2009 under the protection of women from domestic violence act, 2005 ( in short act of 2005) on the basis of 2 m.cr.c.no.10341/2011 complaint of respondent. ..... in view of the clear provisions under the act of 2005 itself, it cannot be said to be an instance of double jeopardy if different cases like trial of offence under section 498a ipc, matter of award of maintenance under section 125 cr.p.c and case of domestic violence act, 2005 are going together simultaneously between the couple in respective ..... section 31 of the act of 2005 magistrate may also frame charges under section 498a ipc or any other provision of that code or the dowry prohibition act, if sufficient material has come on record in case of domestic violence act. ..... all facts and circumstances of the case into consideration, it is revealed that application of domestic violence act was filed subsequent to the lodging of fir under section 498a ipc against the petitioners.domestic violence act provides an alternative remedy for seeking compensation etc in addition to the existing provision. ..... contra it is submitted by learned counsel for respondent that section 3 of act of 2005 is very exhaustive and covers so many instances of domestic violence, which are not in purview of the 3 m.cr.c.no.10341/2011 section 498a .....

Harmeet Singh Vs. Smt.Gurusharan Kaur

Court : Madhya Pradesh

..... learned counsel for the petitioners has submitted that complainant has filed a complaint for the offence punishable under section 498-a of ipc and under the provisions of protection of women from domestic violence act, 2005. ..... in the absence of copies of whole of the record and further considering the fact that complainant has already filed a case under provision of protection of women from domestic violence act, the judgment cited by the learned counsel for the petitioners has no relevance at this stage. ..... learned counsel for the respondent has submitted that for an offence punishable under domestic violence act, a complaint can be filed where the complainant (wife) is residing. .....