Court : Karnataka
..... filed under section 482 cr.p.c, the petitioners have sought for quashing the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005 (for short the act') in crl.misc.no. ..... and 3 have no relationship whatsoever with respect to the allegations made in the petition since they resided about 350 kms away from the matrimonial home of the respondent while she was residing with the first petitioner in chennai, therefore, the allegations made in the petition with regard to the alleged domestic violence are all concocted only to make a ground for seeking the reliefs with the first petitioner; that on account of harassment ..... meted out to the first petitioner by the respondent, he was forced to resign from his job as such he is now without any job and is residing with his parents at. ..... filed under section 12 of the act, the respondent has made several allegations of domestic violence perpetrated on her by the petitioners ..... said mattes was still pending, the respondent herein filed petition under section 12 of the act against the petitioners herein. ..... the proceedings initiated by the respondent before the criminal court under section 12 of the act is liable to be quashed.4. .....
Tag this Judgment!Court : Rajasthan Jaipur
..... contention of learned counsel for petitioner is that there was a matrimonial dispute between petitioner and deceased for offence under section 12 of the protection of women from domestic violence act, 2005, which was filed at the instance of deceased. 2. .....
Tag this Judgment!Court : Delhi
..... the directions contained in that judgment, the court had upheld the right of the plaintiff in one of the suits, (hereafter referred to as "eveneet") to residence in terms of section 17 of the protection of women from domestic violence act, 2005 (hereafter referred to as "the domestic violence act"). ..... order to facilitate and effectuate this order, the parties are directed to appear before the court handling the complaint under the domestic violence act, on 4th january, 2011, which shall oversee that prashant complies with section 19 (1)(f), within ten weeks from today. ..... as held earlier,though eveneet has made a complaint under the domestic violence act, in which orders have not been made, yet this court also has concurrent jurisdiction under section 26 to make appropriate orders in this regard, and mould the ..... (os) 341/2007 (decided on 26.10.2010), as well as section 19(1)(f) of the domestic violence act, and instead directed that she ought to be given alternative accommodation. ..... to the court dealing with the complaint under the domestic violence act was purely a facilitating mechanism. ..... no doubt under an obligation to offer alternative accommodation - this process was to be monitored by the court dealing with the complaint under the domestic violence act. 8. ..... pointed-out that eveneet's rights having been declared in para 19 of the judgment, and the matter has to be relegated for appropriate effectuation by the magistrate dealing with the complaint under the domestic violence act. .....
Tag this Judgment!Court : Karnataka
..... the respondent has filed petition under section 12 of the protection of women from domestic violence act, 2005. ..... is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act. ..... no restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the domestic violence act. ..... it is prima facie clear that at some point of time, the respondent lived in domestic relationship, with the peiitioners herein, as such, she is an aggrieved person as per section 2(a) of the act and that the allegal ions further prima facie indicates that she was subjected to various kind of domestic violence as defined under section 3 of the act, therefore, it cannot be said that the petition filed before the learned magistrate is not maintainable.6) i have bestowed my anxious consideration to the submissions made ..... as could be seen from the preamble of the act, the act was brought into force to provide more effective protection to the rights of the women guaranteed under the constitution who are victims of violence of many kind occurring within the family. .....
Tag this Judgment!Court : Punjab and Haryana
..... and petition under section 12 of the ta no.175 of 2011 2 protection of women from domestic violence act, 2005, are pending against the respondent at rupnagar.3. ..... subhash rani', filed by the respondent under section 9 of the hindu marriage act, 1955 (for short `the act'), from the court of learned additional civil judge (sr. ..... the entire record pertaining to the petition under section 9 of the act shall be sent by the trial court at balachaur to the learned district judge, rupnagar, within three weeks, who will either himself dispose it of or entrust it to any other court of competent jurisdiction. ..... the respondent-husband filed a petition under section 9 of the act, which is pending before learned additional civil judge (sr. ..... subhash rani' is withdrawn from the court of learned additional civil judge (sr. ..... rupnagar and the purpose of filing the petition under section 9 of the act is only to harass the applicant.4. ..... in view of the above, the instant transfer application is allowed and the petition under section 9 of the act titled as 'rakesh kumar v. .....
Tag this Judgment!Court : Delhi
..... shri vipin siroha, pw -14 (pinki's counsel) had stated that she had also preferred a complaint under the protection of women from domestic violence act, 2005 against the appellant, which too was pending before the rohini court and was scheduled for hearing on 18.10.2007. ..... pw2 in his examination-in-chief deposed that when they reached the spot they saw "from the gate which was of iron rods having gap in between that accused satender present in the court today (pointed out correctly) was hitting a lady with brick and stone pieces ..... pw-2 stated that when he and pw-1 left for the hospital no other police man from police station narela had reached the spot where the incident occurred. ..... pw-1 and pw-2 rushed to the spot; the iron rod door was bolted from inside but because of the gaps what was going on inside was visible. ..... so far as the testimony of pw- 14 is concerned this court has previously noticed that he deposed having received the telephone call; from pinky's number and also that he was her counsel. ..... the first entry in relation to this case records fir no.553/2007 and the articles seized from the deceased at the time the mlc was prepared. ..... moreover submitted learned counsel, the material placed on record also showed that calls emanated from that mobile number even after pinki's alleged death (at 3.30 pm) i.e. ..... was argued that pw-1's statement could also not be relied upon because he had deposed that having received a call from mobile no.9990951448 which according to him belonged to pinki. .....
Tag this Judgment!Court : Himachal Pradesh
..... the grievance of the petitioner in this petition is that the learned judicial magistrate ist class, court no.1, dharamshala has no jurisdiction to entertain the complaint in terms of section 27 of the protection of women from domestic violence act, 2005, which provides: 27. ..... be, within the local limits of which- (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other oders under this act and to try offences under this act. ..... (2) any order made under this act shall be enforceable throughout india. 2. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 18 and 19 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act of 2005"). ..... merely because the divorce proceedings are pending between the husband and the wife, the same cannot deprive the applicant who was allegedly subjected to domestic violence from claiming residence in the shared household in the two storeyed building consisting of about eleven rooms. ..... object of the act of 2005 is to provide more effective protection to helpless and shelterless victims and to ensure the rights of women guaranteed under the ..... contended that the respondents had locked the entire building on 5.4.2010 and committed the act of domestic violence and deprived the applicant of shared household. 3. ..... thus, in a given case, woman who is victim of domestic violence occurring within the family in respect of which the complaint is made before the competent court, it is necessary for the magistrate, before whom the complaint is made, to pass an expeditious order at the interim ..... 18 and 19 of the act of 2005 in the court of j.m.f.c. ..... 29 of the act of 2005 mainly on the ground that the summons of the divorce proceedings in the family court were served at sahakar apartment, nagpur upon ..... the act of 2005. 13 ..... the act of 2005. ..... is to provide protection to the woman/complainant speedily under the act. ..... section 29 of the act do provide remedy of appeal within 30 days from the date on which the order made by the magistrate is served on the aggrieved person or the respondent as the case .....
Tag this Judgment!Court : Kolkata
..... c/9/10 under section 12 and 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act), alleging that she was married with the o.p ..... admittedly, the protection of women from domestic violence act, 2005 came into force on 26.10.2006 vide s.o ..... c/09/10 under section 12 and 23 of the protection of women from domestic violence act, 2005. 2. ..... in view of my above discussion, i have no hesitation to hold that continued deprivation of economic or financial resources and continued prohibition or denial of access to shared household to the aggrieved person is a domestic violence and the protection under the domestic violence act will be available to the petitioner, who was driven out from her husbands shared household prior to coming into effect of the domestic violence act, as the deprivation continued even after the act came into force. 12. ..... denial of access to shared household to the petitioner took place prior to coming into force of the domestic violence act, but such denial continued even thereafter. ..... the learned magistrate vide order dated 11.01.10 passed an order prohibiting the respondent from committing any act of domestic violence upon the petitioner and from alienating any assets of the petitioner including the articles which were given to her at the time of ..... as the act complained of by the petitioner is a continuing breach of legal right as envisaged in the domestic violence act, there is no question putting a halt to the relief sought .....
Tag this Judgment!Court : Kolkata
..... filed by avijit biswas praying for quashing of a proceeding under section 12 of the protection of women from domestic violence act, 2005 initiated by his wife on the ground of cruelty. ..... with an application under section 12 of the protection of women from domestic violence act, 2005, has nothing to do with such an allegation ..... i find sufficient materials in the petition of complaint for which an enquiry should be made by protection officer appointed for the purpose of this act in the district of nadia and submit report to the learned magistrate in order to enable him to pass an adequate order on the petition filed ..... it can well be said that the petition under section 12 of the act filed by the aggrieved wife contains violence within the meaning of the act and that empowers a court to take cognizance of the same and proceed in accordance ..... on behalf of the petitioner, any dispute as to the consent in a proceeding under section 13b of the hindu marriage act is to be considered by the court wherein the said application has been filed. ..... in the petition of complaint under section 12 of the act, specifically in paragraph 6, it has been averred that the signatures of the opposite party/wife were obtained forcibly and in paragraph 7, it has been averred that the said papers containing her signatures have been used in a proceeding under section 13b of the hindu marriage act for the purpose of getting a decree of divorce on mutual consent although the opposite party/aggrieved wife had .....
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