Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Page 10 of about 1,783 results (0.087 seconds)

Bhupender Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... 1.by the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent.6. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service provider. ..... -(1) an aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. .....

Diwan Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

Reported in : AIR2011Del76(FB)

..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... 1.by the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent. 6. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service provider. ..... - (1) an aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. .....

Mrs.Sabah Sami Khan. Vs. Adnan Sami Khan.

Court : Mumbai

..... the case of domestic violence under section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... (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 18 wp-6625 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 ..... in india, the wife s right to reside in a shared household is under section 17 of the domestic violence and matrimonial proceedings act, 1976, for which orders under section 19 thereof can be passed. ..... 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 injures 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 ..... came to be amended under section 3 of the domestic violence and matrimonial proceedings act, 1976. ..... this act itself falls squarely within the broad and inclusive definition of the domestic violence under section 3(a) and (d) of the d.v. .....

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. .....

Shumita Didi Sandhu Vs Sanjay Singh Sandhu and ors.

Court : Delhi

..... the protection of women from domestic violence act, 2005, would come into play only when domestic violence takes ..... so holding had virtually dismissed the suit itself without recording any satisfaction on the facts, it would be necessary for us to consider the decisions cited at the bar as also the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said ..... 2008) 106 drj 623 by way of persuasive value to submit that under the protection of women from domestic violence act, 2005, there is no concept of matrimonial home. ..... 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 dependants, 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.19. ..... 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 .....

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. .....

Sri R Srinivasan. S/O a S Ramaswamy Iyengar, and ors. Vs. Vaishnavi. W ...

Court : Karnataka

..... mis.no.72/09 before the trial court u/s 12 of the protection of women from domestic violence act, 2005, sought for maintenance arid the said petition was also resisted by the husband who is the petitioner in crl ..... the respondents are restrained from causing domestic violence against the petitioners in ..... salary that he gets as a supervisor and this is spoken to by the husband in the course of his evidence and moreover the husband has been paying rs.3,000/- per month towards the rent and apart from that, the husband is also taking care of the expenses towards child's education which comes to rs.3,000/- per month and he is also paying the electricity bill and the cable charges and all these put ..... further submission made by the learned counsel is that, as far as wife is concerned, though ^he is an advocate and has got experience of having worked in various advocates firms and was also earning good amount from her profession, later on, the wife gave up her job at lexis - nexis company at chermai and came to bangalore and the wife at present is only fighting the litigations which are pending in various courts and ..... , the husband is also running a consultancy in the name of his father which is known as 'ramaswamy iyengar associates' and the husband of the 1stpetitioner is getting huge income from the real estate business and in this regard reference was made to certain pamphlets and the plan which were marked in evidence before the trial court as ex.p7 and p9 to contend that when the .....

K.Ravi Petitioner Vs. K.Victoria and ors.

Court : Chennai

..... neelamegam (2003-4-lw 426), the honourable supreme court laid down the eligibility criteria for claiming the relief under section 9 of the tamil nadu city tenants protection act as follows:- "from the above provision it will be seen that the following conditions are to be satisfied before a tenant is entitled to relief:i) he should be a tenant in possession of the land;ii) he should have erected a superstructure on the land in respect of which ..... possession of the property in the capacity of tenant and as his legal heir, she is entitled to claim the status of a tenant and she also filed application under section 9 of the tamil nadu city tenants protection act for purchasing the vacant land as she is entitled to the benefits of that act and the notice of termination was not valid and it was not issued in accordance with the provisions of tamil nadu city tenants ..... nair and the second defendant bhakyam, who claims to be the wife of krishnan nair, was only a sub-tenant and she is not entitled to the benefits of tamil nadu city tenants protection act and the main tenant was not in possession of the property and therefore, the suit was filed for the relief prayed for.3. ..... , kannappan was collecting rent from her and that is evidenced by exs.p9, p10 to p17 series and therefore, the bhakyam is a tenant as per the provisions of section 2(4) of the tamil nadu city tenants protection act and she is entitled to the benefits under the act and directed the court to fix the minimum extent of land .....

Smt. Manju SharmA. Vs. Sh. Ravinder SharmA.

Court : Punjab and Haryana

..... and petition under section 12 of the protection of women from domestic violence act, 2005, filed by the applicant are pending adjudication ..... the entire record pertaining to the petition under section 9 of the act shall be sent by the trial court at ambala to the learned district judge, ludhiana, within three weeks, who will either himself dispose it of or entrust it to any other court of competent ..... respondent is already appearing in the two petitions filed by the applicant at ludhiana, i feel that no prejudice is going to be caused to the respondent in case the present application is allowed and the petition under section 9 of the act filed by the respondent is also shifted to ludhiana. ..... manju sharma', filed by the respondent, from the court of learned additional district judge, ambala, to the court of competent jurisdiction at ..... manju sharma' under section 9 of the act, pending in the court of learned additional district judge, ambala, deserves to be transferred to ..... , the applicant-wife has preferred the instant application under section 24 of the code of civil procedure, praying for transfer of the petition under section 9 of the hindu marriage act, 1955 (for short `the act'), titled as 'ravinder sharma v. ..... manju sharma' is withdrawn from the court of learned additional district judge, ambala, and is transferred to the court of competent jurisdiction ..... of the above, the instant transfer application is allowed and the petition under section 9 of the act titled as 'ravinder sharma v. .....

Ayushman Pandey. Vs. the State of Jharkhand and anr.

Court : Jharkhand Ranchi

..... the parties i find that preliminary objection which was raised on behalf of the petitioner-husband on the point of maintainability of the complaint petition filed by the complainant-opposite party no.2 under section 12 of the protection of women from domestic violence act, 2005 was turned down by the sdjm ranchi on the ground that the marriage between the parties was not disputed though same has been challenged under section 25 of the special marriage ..... filed by the complainant-opposite party no.2 on 6.5.2010 in the court of cjm ranchi under section 12 of the protection of women from domestic violence act, 2005 was that she was a muslim woman by faith whereas the petitioner ayushman pandey was a brahmin(hindu) and both solemnized love marriage on 8.12.2008 itself before the marriage officer under the act xliii of 1954 at neturis block, purulia(west bengal), to which a certificate of marriage was granted to both spouse ..... certificate which did not draw inference to presume that in the given allegation, an offence could be made out under the protection of women from domestic violence act,2005.as a matter of fact, the complainant could not be stated to be an aggrieved person as defined under section 2(a) of the d act as she never lived with the petitioner-husband in domestic relationship as defined in section 2(f) or in a shared household as defined in section 2(s) of the act , as such, complaint of the complainant was liable to be rejected on the point of maintainability . mr. .....