Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Court: mumbai Page 1 of about 122 results (0.050 seconds)

Abasaheb Yadav Honmane and Ashwini Abasaheb Honmane Vs. the State of M ...

Court : Mumbai

Reported in : 2008(2)MhLj856

..... the protection of women from domestic violence act, 2005, thus was introduced to provide greater safeguard and protection to the women, by providing a chance for resettlement of matrimonial home and relationship prior to actual registration of the crime under section 498a of the code. ..... the court also stated that the penal provisions of section 498a which are intended to protect women should not be used to harass relatives. ..... the radical change in judicial approach relating to criminal trial, protection of witnesses and the obligation of the presiding judge to play an effective role in the evidence collecting process and to elicit all relevant material necessary for reaching the correct conclusion to find out the truth and do justice have given rise to various seminal principles which would flow from the judgment of the supreme court in zahira habibulla h.shaikh and anr. v. ..... there is every likelihood that non-exercise of inherent power to quash proceedings to meet the ends of justice may amount to preventing women from settling earlier. ..... that the object of introducing chapter xx-a in ipc is to prevent torture to a woman by her husband or by relatives of her husband, also spelled out the need for caution by adding that a hyper-technical view would be counterproductive and would act against the interests of the women and against the object for which this provision was added. .....

Shammi Nagpal Vs. Sudhir Nagpal, Director of Hotel Taj-president,

Court : Mumbai

Reported in : 2008(5)BomCR149; (2008)110BOMLR1797

..... of a daughter-in-law to live in her mother-in-law's house, in the light of the provisions of the protection of women from domestic violence act, 2005, (for short, 'act of 2005') was under consideration. ..... he submitted that the protection of women and domestic violence act, 2005 has and can have no application to a ..... invited my attention to the provisions in domestic violence act and submitted, the plaintiff's right as a wife of the defendant to share the home is well protected therein and the defendants have taken possession of the suit premises in flagrant violation of the provisions of the said act. ..... , have unfortunately stooped to forcibly dispossessing the plaintiff by breaking open the front door and entering the suit premises and removing her possession in her absence, have committed several criminal acts and hence the reliefs sought in the motion, deserve to be granted to protect and restore her rights in and to the suit premises. ..... therefore, in my opinion, the provisions of the act of 2005 has and can have no application to a third party, ..... , right of deserted wife to contest the eviction suit was under consideration wherein the supreme court has observed that the tenant cannot by collusion or by deliberate prejudicial act give up the protection of law to the detriment of his family members. ..... the suit is instituted under section 6 of the specific reliefs act, 1963 alleging forcible dispossession from the suit premises between 14.3.2008 and 17.3.2008 when the plaintiff was out .....

Vishal Damodar Patil Vs. Vishakha Vishal Patil

Court : Mumbai

Reported in : 2009CriLJ107

..... a view to appreciate the submissions, it will be necessary to refer to the facts of the case in brief.the first respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... the said rules are known as the protection of women from domestic violence rules, 2006 (hereinafter referred to as the said ..... (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 ..... said prohibitory order is essentially for preventing the respondent from committing an act of domestic violence or from preventing commission of any act as. ..... an affidavit being filed in the prescribed form, the learned magistrate can exercise power to grant an ex parte ad interim orders under sections 18, 19, 20, 21 or 22 of the said act provided the learned magistrate is satisfied that the application made by the aggrieved person prima facie discloses that the respondent to the said application is committing or has committed an act of domestic violence or there is a likelihood that the respondent may commit an act of domestic violence. .....

Rajkumar Rampal Pandey Vs. Sarita Rajkumar Pandey

Court : Mumbai

Reported in : 2008(6)BomCR831

..... the respondent-wife moved an application before the family court, bandra under section 26 of the protection of women from domestic violence act, 2005 ('the domestic violence act' for short) to seek declaration that she has a right to reside in the shared house i.e ..... before embarking upon the rival submissions it is necessary to note that the domestic violence act was enacted on 13th september, 2005 to provide more effective protection of the rights of women, guaranteed under the constitution, who are victims of violence within the family and to deal with the matters connected therewith or incidental ..... the purpose of the act is to provide remedy in the civil law for protection of women from being victimised by domestic violence and to prevent the occurrence of domestic violence to the society.11 ..... court, after hearing both parties, was pleased to partly allow the application with the result the petitioner-husband and all relatives were permanently restrained from committing any act of domestic violence and in turn rejected prayer of respondent-wife to prevent the petitioner's mother and sister from entering in the shared household.being aggrieved by the aforesaid order, to the extent it is adverse to the petitioner, he has invoked writ jurisdiction of this court under article ..... learned counsel appearing for the petitioner urged that the application under section 26 of the domestic violence act was not maintainable and that the subject-flat cannot be termed as the shared household. .....

Abhijit Bhikaseth Auti Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2009CriLJ889

..... consideration in this petition:(i) whether an order passed on an application made under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the said act') is appealable under section 23 of the said act? ..... protection of women from domestic violence rules, 2006 (hereinafter referred to as the said rules) have been framed under the said act ..... which can be granted on an application under section 12 the said act can be broadly classified as under:(i) protection orders under section 18 which are for preventing the respondent from committing an act of domestic violence;(ii) residence orders under section 19;(iii) monetary relief under section 20 which includes maintenance, loss of earnings, medical expenses and loss caused due to destruction, damage or removal of any property from the control of the aggrieved person;(iv) custody orders under section 21 dealing ..... the prayer in the said application is that the petitioner should be prohibited from committing any act of domestic violence and also from causing any kind of alienation of the said flat and from causing any disposition of the said flat or any encumbrance thereto and from preventing the 2nd respondent from having access to and fro to the said flat and enjoying the said ..... the object of the said act is to provide for 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 for matters connected .....

Bindiya A. Chawla and ors. Vs. Ajay Lajpatrai Chawla and ors.

Court : Mumbai

Reported in : 2009(5)BomCR486

..... to the right of residence, which is implicit in her right of maintenance, as a wife, under section 17 of the protection of women from domestic violence act, 2005 (the said act).10. ..... right to reside in a shared household -(1) 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 interest in the same. ..... black's law dictionary, 7th edition, 1999 as ' the house where husband and wife live together' the concept of such matrimonial home can also be gathered from the legal provisions granting territorial jurisdiction to court in case of matrimonial disputes - to cite - under section 19 of the hindu marriage act, 1955 the court to which a petition under the act could be presented was, inter alia, the court in which the parties last resided together. ..... when the plaintiffs can show a nucleus of the huf and the acquisition from that nucleus of any of the properties any relief in respect thereof and for the protection of such properties for ascertaining share of plaintiffs no. ..... the plaintiffs in the said flat is required to be protected consequent upon the title of plaintiff no. ..... right to reside in the suit flat under the protection granted by the said statutory possession. ..... wife cannot, therefore, have the right of residence under section 17 of the act in the suit flat in which the parties did not share their residence since .....

Archana Hemant Naik Vs. Urmilaben I. Naik and anr.

Court : Mumbai

Reported in : 2010CriLJ751

..... the revision applicant is an applicant in an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... the said reliefs are as under:(a) protection order under section 18 for prohibiting acts of domestic violence. ..... - (1) while disposing of an application under sub section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order - (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 ..... under section 2 of the said act, 'domestic violence' has been defined by clause (g) which provides that 'domestic violence' has the same meaning assigned under section 3.section 3 reads thus:3. ..... definition of domestic violence-for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it(a) harms or injuries or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic .....

Mrs. Sabah Adnan Sami Khan Vs. Adnan Sami Khan

Court : Mumbai

Reported in : 2010(112)BomLR1409

..... filed by the appellant-wife for divorce and her miscellaneous application under the provisions of the protection of women from domestic violence act, 2005 (for short, 'the domestic violence act') were tenable before the family court?2. ..... shall not proceed with the trial or hearing of the application under the domestic violence act for a period of six weeks from today. ..... shall endeavour to dispose of the petition expeditiously.insofar as the application under the provisions of the domestic violence act is concerned, liberty to the appellant to move the family court for interim order. ..... the respondent filed reply to the said application under the domestic violence act so also her written statement in which, for the first time, he brought out an issue that the appellant did not perform halala formalities before the second marriage and hence ..... the provisions of the domestic violence act before the family court are ..... under the domestic violence act. ..... the respondent filed a reply to her application under the domestic violence act. ..... on account of matrimonial discord, filed a complaint in the metropolitan magistrate court at andheri, (railway court), in february, 2009 under the provisions of the domestic violence act. ..... in the hands of the pre islamic arabs, who could keep their wives in a species of perpetual bondage, pretending to take them back after repeated divorcees, merely for the purpose of preventing the wives from re-marrying and from seeking the then much needed protection of a husband. .....

Kishor S/O Shrirampant Kale Vs. Sou. Shalini W/O Kishor Kale,

Court : Mumbai

Reported in : 2010(112)BomLR1398

order(i) rule is, therefore, made absolute and it is held that misc. criminal complaint case no. 314/2007 before the judicial magistrate first class, court no. 5, amravati under section 12 r/w sections 19 and 20 of the protection of women from domestic violence act, 2005 is not maintainable and is thus quashed and consequently, all the orders passed in the said complaint by the courts below are quashed.no order as to costs.

Sau. Manda R. Thaore W/O Sh. Ramaji Ghanshyam Thaore Vs. Sh. Ramaji Gh ...

Court : Mumbai

order(i) criminal revision application no. 317/2006 is dismissed.(ii) respondent is directed to pay costs of rs. 15,000/- (rupees fifteen thousand only) to the applicant - manda within a period of four weeks from today, failing which the same shall be recovered by the family court by adopting procedure for recovery of fines.