Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Court: rajasthan Page 2 of about 25 results (0.091 seconds)

Anwar Vs. Mrs. Shamim Bano and Another

Court : Rajasthan

Reported in : 2012CrLJ2552

..... 04/08 wherein the same relief has been sought by the non-petitioners by way of application under sections 12, 22, 23, 23(2) of the protection of women from domestic violence act, 2005 whereas the application for interim maintenance under section 125 cr.p.c. ..... thereafter the respondents filed application for interim maintenance under section 12 of the protection of women from domestic violence act, 2005 before the court of judicial magistrate no.4 kota. ..... despite passing of the order by the family court granting maintenance to the child, the respondent no.1 also avail the remedy of filing application under section 12 of the protection of women from domestic violence act, 2005. ..... this talaqnama is still to be proved by the petitioner in the appropriate court of law as per muslim law and if interim maintenance is granted to the respondent under the protection of women from domestic violence act, the same cannot be said to be illegal or perverse as the respondent no.1 is entitled to receive interim maintenance in view of the judgments of the apex court. 10. ..... if the divorced muslim lady unable to maintain herself, she can claim under section 3 of the muslim women (protection of rights on divorce) act, 1986 during iddat period and under section 4 of the act a divorce muslim lady is entitled for maintenance after iddat period. ..... under the muslim women (protection of rights on divorce )act. .....

Smt.Sabana @ Chand Bai and anr Vs. Mohd.Talib Ali and anr

Court : Rajasthan Jodhpur

..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman who despite ..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected.18. ..... for the reasons given in the preceding paragraphs, i am of the considered view that a petition under the provisions of the protection of women from domestic violence act, 2005 is maintainable even if the acts of the domestic violence have been committed prior to coming into force of the act or despite her having in the past lived together with the respondent a shared household woman is no more living with him, at the time of coming into force of the act. .....

Vidhya Soni Vs. Sanjay Kumar Soni

Court : Rajasthan Jodhpur

..... it is, inter alia, submitted in the petition that the petitioner has filed two criminal cases against the respondent under sections 498a and 406 ipc and a case under section 12 and 23 of the protection of women from domestic violence act, 2005 ('the domestic violence act') at jodhpur and, subsequent thereto, the present petition under section 13 of the hindu marriage act, 1955 ('the act') has been filed at family court, churu. ..... it is submitted by learned counsel for the respondent that the proceedings under the domestic violence act already stands 2 withdrawn. ..... however, as decree under section 9 of the act has already been passed in favour of the respondent, the respondent has no objection if the proceedings are transferred to family court, jodhpur, however, a direction to deal/decide the matter expeditiously may be made. .....

Smt.Pinky Vs. Shobhit

Court : Rajasthan Jodhpur

..... , the said proceedings are pending before the family court i, jodhpur and another proceedings under the protection of women from domestic violence act, 2005 are also pending before the jurisdictional criminal court at jodhpur. ..... 2 the present petition under section 6 readwith sections 7 and 13 of the hindu minority & guardianship act, 1956 and section 25 of the guardian & wards act, 1890 has been filed at udaipur by the respondent and the petitioner being a lady is required to travel to attend the hearing at udaipur alongwith the children which involves time as well as expenditure, which is difficult for her to .....

Basanti @ Jaya Vs. Jai Kant

Court : Rajasthan Jodhpur

..... 498(a).406, 120-b, 354, 323, 109, 312 ipc were initiated by the petitioner, application under section 125 cr.p.c.was filed by her before the family court, churu and another proceeding under provisions of the protection of women from domestic violence act, 2005 was initiated which are pending at sujangarh, however, subsequent thereto the respondent-husband has initiated proceedings for dissolution of marriage by filing application before the family court, bikaner. ..... petitioner reiterated submissions made in the petition and further submitted that as other proceedings are already pending at sujangarh/churu, which the respondent is required to attend, it would be appropriate that the present proceedings are transferred from bikaner to the family court, churu. .....

Smt. Seema Kanwar Vs. Karan Vijay Singh

Court : Rajasthan Jodhpur

..... it is, inter alia, indicated in the application that on account of matrimonial disputes, the petitioner initiated proceedings by way of filing fir at jodhpur, application under section 23 of protection of women from domestic violence act, 2005 and proceedings under section 125 cr.p.c. .....

Smt. Naseem Bano @ Rani Vs. Mehboob Ali Khan

Court : Rajasthan Jodhpur

..... it is further indicted that already proceedings under section 498-a cr.p.c.and the proceedings initiated by her under the provisions of protection of women from domestic violence act, 2005 are also pending at bundi and, therefore, the proceedings initiated by the respondent for declaration of dissolution of marriage, be transferred to the family court, bundi. ..... ; the frequency of buses from bundi to jodhpur is low and, therefore, she is required to stay at jodhpur overnight. .....

Monika @ Mona Vs. Chandra Prakash

Court : Rajasthan Jodhpur

..... brought to our notice that the appellant-wife has filed an application u/sec.12 of the protection of women from domestic violence act, 2005 before the court of judicial magistrate no.2, kota (south) wherein after the parties being heard ..... vide judgment dated 12.10.2012 and arrived to a conclusion that the appellant-wife has failed to prove that it is a case of mental cruelty on the part of respondent-husband and observed that from the evidence of aw-1 monika @ mona, she failed to establish matrimonial cruelty being committed on her by the husband-respondent and still recorded that there is no possibility of resuming their matrimonial relations ..... there is an irretrievable break down of marriage but declined to grant decree of divorce as not contemplated u/sec.13 of the act and left it open to be examined by this court and in this context, we would like to observe that the apex court has emphasised the need for a shift in the matrimonial law from the search for guilt to an acceptance of the eventuality and fact of death of marriage. ..... violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act ..... , kota dated 29.05.2013 is quashed and set aside and the appellant-wife deserves indulgence for grant of decree of divorce u/sec.13 of the hindu marriage act and the marriage between the spouses solemnized on 16.05.2005 is hereby dissolved. .....

Jyoti @ Rashmi Vs. Manoj Kumar and ors

Court : Rajasthan Jodhpur

..... ) & judicial magistrate, jodhpur district, jodhpur by which he has rejected the application of the petitioner under section 23 of the protection of women from domestic violence act for granting the maintenance allowance and other relief. ..... learned counsel for the petitioner raised two prayers before the trial court in the proceedings under the domestic violence act, 2005. .....

Dhanraj Vs. Smt.Kavita

Court : Rajasthan

..... submission of learned counsel for petitioner is that respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (for short act of 2005), which was dismissed by judicial magistrate, ramgunjmandi, kota vide its order dated 15th december, 2007, therefore, respondent was not entitled for any maintenance ..... it is submitted that maintenance could have been granted under section 12 of the act of 2005 also, but since her application was dismissed, therefore, court below committed an illegality in allowing the application under section 125 crpc. 4 ..... both the proceedings are separate and separate evidence was recorded in both the cases, therefore, even if, application under section 12 of the act was dismissed, the same cannot be a ground to reject the application under section 125 crpc. 6. ..... the course of arguments, learned counsel for petitioner admits that both the proceedings are separate proceedings, separate evidence was recorded in both the cases, no amount of maintenance was awarded under section 12 of the act of 2005. 5. ..... case no.650/2005, whereby an application filed by respondent/ wife under section 125 crpc for grant of maintenance was allowed and non-applicant/petitioner/husband was directed to pay a sum of rs.1500/- per month towards maintenance to wife with effect from 1st march, 2008. ..... from the order dated 15th december, 2007, it is clear that a reference was given of present application under section 125 crpc for grant of .....