Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Court: supreme court of india Page 1 of about 165 results (0.185 seconds)

S.R. Batra and anr. Vs. Smt. Taruna Batra

Court : Supreme Court of India

Reported in : 2007(2)ALD66(SC); 2007(1)AWC664(SC); 2007(3)CTC219; 136(2007)DLT1(SC); I(2007)DMC1SC; (2007)146PLR425; RLW2007(2)SC1546; 2006(13)SCALE652; (2007)3SCC169; 2007(1)LC0007(SC); 2007AIRSCW1088; AIR2007SC1118; (2007)2SCC(Cri)56; 2007(2)CivilLJ215(SC); 2007LawHerald(SC)92

..... above, we are of the opinion that the house in question cannot be said to be a 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act').section 2(s) states:shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either ..... learned counsel for the respondent then relied upon the protection of women from domestic violence act, 2005. ..... 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 from entering any portion of the shared household in which .....

Commissioner of Income Tax, Coimbatore Vs. Lakshmi Machine Works

Court : Supreme Court of India

Reported in : AIR2007SC2385; (2007)210CTR(SC)1; [2007]290ITR667(SC); JT2007(6)SC236; 2007(6)SCALE168

..... of this sub-section,-(a) 'adjusted export turnover' means the export turnover as reduced by the export turnover in respect of trading goods ;(b) 'adjusted profits of the business' means the profits of the business as reduced by the profits derived from the business of export out of india of trading goods as computed in the manner provided in clause (b) of sub-section (3) ;(c) 'adjusted total turnover' means the total turnover of the business as reduced by the export turnover in respect of ..... of any goods or merchandise to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of the [profits] derived by the assessee from the export of such goods or merchandise:provided that if the assessee, being a holder of an export house certificate or a trading house certificate (hereafter in this section referred to as an export house or a trading house, as the case may be,) issues ..... in the case of combined business of an assessee having export business and domestic business the legislature intended to have a formula to ascertain export profits by apportioning the total business profits on the basis of ..... a brief analysis of the above section 80hhc of the act, as amended with effect from 1.4.1992, indicates rationalization of provisions relating to tax concession for export ..... 4409 of 2005, the above proposition has been accepted by the ..... no.4409 of 2005 are mentioned hereinbelow .....

Vimalben Ajitbhai Patel Vs. Vatslabeen Ashokbhai Patel and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2675; 2008(5)ALD99(SC); 2008(2)AWC1636(SC); 2008(5)BomCR441; (2009)1GLR200(SC); [2008(3)JCR14(SC)]; JT2008(3)SC530; RLW2008(4)SC3440; 2008(4)SCALE601; (2008)4SCC64; 2008AIRSCW4475; AIR2008SC2675; 2008(4)SCC649; 2008(3)CivilLJ798; 2008(3)AICLR9; 2008(2)Supreme413; 2008(5)LH(SC)3092

..... the provisions of the domestic violence act this court in s.r ..... the domestic violence act provides for a higher right in favour of ..... are the nature and gravity of the circumstances in which the offence is committed; the position and the status of the accused with reference to the victim and the witnesses; the likelihood, of the accused fleeing from justice; of repeating the offence; of jeopardising his own life being faced with a grim prospect of possible conviction in the case; of tampering with witnesses; the history of the case as well as of its investigation ..... owing to her disability founded on her status of perpetual or life long tutelage or dependence..this right of the wife to maintenance from her husband is not lost even if the husband renounce hinduism.this right subsists even after the husband's death although her husband's right as distinguished from hers may pass by survivorship or by succession to sons or even to collaterals; these simply step into the position of her husband, and she is required by hindu law ..... order was passed, purported to be on the premise, that the 3rd respondent had placed reliance on an order dated 13th may, 2005 passed by another bench of the high court in first appeal no. ..... 1792 of 2005, was filed by the 1st respondent and a division bench of the high court directed that the amount of rent deposited by him with the mamlatder be deposited in the high court and the 3rd respondent ..... judge of the high court by an order dated 5th april, 2005 directed:8. .....

Aviral Bhatla Vs. Bhawna Bhatla

Court : Supreme Court of India

Reported in : 2009AIRSCW6622; (2009)3GLR2135(SC); 2009(2)KLJ116; 2009(1)OLR(SC)764; 2009(3)SCALE120; (2009)3SCC448; 2009(2)JT600.

..... a case under the protection of women from domestic violence act, 2005 being complaint case no. ..... dated 03.11.07, under section 12 of the domestic violence act, which is pending in the court of ..... 431 of 2008 before this court inter alia praying transfer of the petition under section 9 of the hindu marriage act, 1955 filed by the respondent pending before the chief judge, family court at gwalior and transfer of proceedings under section 125 criminal procedure code, 1973 filed by respondent pending before the ..... been filed by aviral bhatla (hereinafter referred to as the `husband') seeking transfer of several cases pending before learned chief judge, family court, gwalior, in proceedings under section 9 of the hindu marriage act, 1955 (in short the `act') and section 125 of the code of criminal procedure, 1973 (in short the `code'). ..... e-8/10, 3rd floor, malviya nagar, new delhi, within 7 days from the date of signing of the present petition, the same will be collected by the respondent and the expenses for the transportation will be borne by her.the respondent agrees and undertakes that after ..... , against petitioner and his family members under section 406 r/w 34 and 498a of the ipc read with section 4 of dowry prohibition act which is pending investigation in mahila police station padav, gwalior. ..... litigations between the parties are as follows:(i) the petitioner has filed a case/petition under section 13(1)(ia) read with section (iii) of the hindu marriage act, 1955 titled aviral bhatla v. .....

ChanmuniyA. Vs. Virendra Kumar Singh Kushwaha and anr.

Court : Supreme Court of India

..... the larger bench may consider also the provisions of the protection of women from domestic violence act, 2005. ..... to the provisions of domestic violence act, 2005?3. ..... relationships in the nature of marriage within the definition of `domestic relationship' under section 2(f) of the act.42.therefore, women in live-in relationships are also entitled to all the reliefs given in the said ..... the power to award compensation to the aggrieved person, in addition to other reliefs granted under the act.40.in terms of section 26 of the act, these reliefs mentioned above can be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent.41.most significantly, the act gives a very wide interpretation to the term `domestic relationship' as to take it outside the confines of a marital relationship, and even includes live-in ..... to us that the same view is confirmed by section 26 of the said act of 2005.44.we believe that in light of the constant change in social attitudes and values, which have been incorporated into the forward-looking act of 2005, the same needs to be considered with respect to section 125 of cr.p.c. .....

D. Velusamy. Vs. D. Patchaiammal.

Court : Supreme Court of India

..... having noted the relevant provisions in the protection of women from domestic violence act, 2005, we may point out that the expression `domestic relationship' includes not only the relationship of marriage but also a relationship `in the nature of marriage'. ..... however, the question has also be to be examined from the point of view of the protection of women from domestic violence act, 2005. ..... however, indian society is changing, and this change has been reflected and recognized by parliament by enacting the protection of women from domestic violence act, 2005.38. ..... :"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";section 2(f) states :"2(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 ..... no doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or amend the law. .....

Sou. Sandhya Manoj Wankhade Vs. Manoj Bhimrao Wankhade and ors.

Court : Supreme Court of India

..... application no.203 of 2007, on 16th july, 2007, against all the respondents under sections 12, 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005, hereinafter referred to as "the domestic violence act, 2005". ..... the orders passed by the learned magistrate on 16th august, 2007 and 14th july, 2008, on the ground that being women they could not be made respondents in the proceedings filed by the appellant under the provisions of the domestic violence act, 2005, and that the matrimonial house of the appellant at khorej colony, amravati, belonged exclusively to ramabai, the respondent no.2 and mother-in-law of the appellant and did not, therefore, come within the definition of "shared ..... kabra submitted that it would be evident from a plain reading of the proviso to section 2(q) of the domestic violence act, 2005, that a wife or a female living in a relationship in the nature of marriage can, not only file a complaint against her husband or male partner but also against relatives of the husband or male partner. ..... learned counsel submitted that when the expression "female" had not been specifically included within the definition of "respondent" in section 2(q) of the domestic violence act, 2005, it has to be held that it was the intention of the legislature to exclude female members from the ambit thereof.11. .....

Deepti Bhandari Vs. NitIn Bhandari and anr.

Court : Supreme Court of India

Reported in : 2012(1)SCC725; 2012(1)SCC(Cri)757; AIR2012SCW293,AIR2012SC326; 2012(2)KCCR35SN; 2012ALLMR(CRI)376; 2012(1)BCR(Cri)790

..... be mentioned that on 5th may, 2009, the petitioner filed a complaint against the respondent no.1 and his family members under the provisions of the protection of women from domestic violence act, 2005, hereinafter referred to as `pwd act') before the upper civil judge (a,b) and judicial magistrate serial no.18 jaipur city, jaipur, being criminal legal case no.13 of 2009. ..... as far as the difficulty expressed on behalf of the parents of the respondent no.1 is concerned, they will be free to apply to the trial court for exemption from personal appearance on the dates of the different cases and if such applications are made, the same should be considered by the trial court looking to the physical difficulties that may be faced by ..... which had been filed by the respondent no.1 under section 9 of the hindu marriage act and case no.65 of 2009, also filed by him under section 25 of the guardians and wards act, 1890, be transferred from the family court at jaipur to a family court of competent jurisdiction in delhi. ..... petitioner also filed transfer petition (civil) nos.856-857 of 2010 for transfer of case no.279 of 2009, which had been filed by the respondent no.1 under section 9 of the hindu marriage act and case no.65 of 2009 also filed by him under section 25 of the guardians and wards act, 1890, from the family court at jaipur to a family court of competent jurisdiction in delhi. ..... quashing of criminal legal case no.13 of 2009 filed by the petitioner under section 12 of the pwd act, 2005. .....

V.D.Bhanot Vs. Savita Bhanot

Court : Supreme Court of India

..... thereafter, for whatever reason, there were misunderstandings between the parties, as a result whereof, on 29th november, 2006, the respondent filed a petition before the magistrate under section 12 of the protection of women from domestic violence act, 2005, hereinafter referred to as the "pwd act", seeking various reliefs. ..... examining the statement of objects and reasons for the enactment of the pwd act, 2005, the learned judge held that it was with the view of protecting the rights of women under articles 14, 15 and 21 of the constitution that the parliament enacted the pwd act, 2005, in order to provide for some effective protection of rights guaranteed under the constitution to women, who are victims of any kind of violence occurring within the family and matters connected therewith and incidental thereto, and ..... in our view, the situation comes squarely within the ambit of section 3 of the pwd act, 2005, which defines "domestic violence" in wide terms, and, accordingly, no interference is called for with the impugned order of the high court. ..... the learned judge accordingly held that a petition under the provisions of the pwd act, 2005, is maintainable even if the acts of domestic violence had been committed prior to the coming into force of the said act, notwithstanding the fact that in the past she had lived together with her husband in a shared household, but was no more living with him, at the time when the act came into force. .....

Shaleen Kabra Vs. Shiwani KabrA.

Court : Supreme Court of India

..... the appellant and the respondent have been living separately since 10.04.2007, and have been involved in various litigations since then, including a petition for divorce under section 13(1)(i) & 1a of the hindu marriage act, 1955 filed by the appellant-father and also proceedings under the protection of women from domestic violence act, 2005, initiated by the respondent-mother. ..... the appellant, who is an ias officer, stationed at jammu at present, had sought certain modifications in the arrangement of custody of the children, and also permission to take transfer certificates of the children from delhi and complete their admission in a school in jammu, and in this respect, moved applications dated 25.05.2010 and 22.06.2010 before the additional district judge. ..... so as to see that the respondent-mother is also not kept away from the children, she shall have a right to visit the children at least once in a month. ..... shall take effect from 1st june, 2012, the respondent-mother shall do the needful to send the younger son to the residence of the appellant-father before 15th may, 2012.21. ..... from the wedlock, two sons were born, who are approximately 15 and 9 years old. .....