Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Page 12 of about 1,783 results (0.147 seconds)

Amalendu Bikash Saha and ors. Vs Smt. Kalyani Saha and ors

Court : Kolkata

..... the protection of women from domestic violence act, 2005 has intended to provide for more effective protection of the rights of women guaranteed under the constitution where victims of violence of any kind accruing within family and for matters connected therewith or incidental thereto. ..... kalyani saha filed an application under section 12 of the protection of women from domestic violence act, 2005 seeking reliefs under sections 18, 19, 20 and 22 of the said act along with an application under section 23 of the said act for interim reliefs. ..... from the rival contention of all the parties it appears that the following points need be considered: a) whether deceased brothers wife can claim any relief or maintenance as well as share in the joint inherited property from the surviving brothers-inlaw under section 12 of the protection of women from domestic violence act, 2005 to be read with sections 3(iv), 18, 19 and 20 of the said act; and b) whether the learned first revisional court is justified in passing the impugned order or not. 6. ..... much emphasis upon hyper-technical aspect of the format of the application of a deserted widow should be avoided to grant relief for her survival which was the object of the legislature in enacting this special law for protection of women from domestic violence. ..... joyeeta adhikary, protection officer, who has recommended for extension of effective protection to the women being victim of domestic violence. .....

Ramniwas Vs. Smt. Seema

Court : Rajasthan

..... seema filed an application in the trial court under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') along with an application for interim maintenance under section 23(2) of the act. ..... courts below for awarding interim maintenance in favour of respondent and after considering the same, i find that both the courts below have assigned cogent reasons for allowing the application under section 23(2) of the act. .....

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 .....

Shri. Maroti S/O. Dewaji Lande Vs. Sau. Gangubai W/O. Maroti Lande and ...

Court : Mumbai Nagpur

..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of rs. ..... the main contention of the petitioner is that the application under section 12 of the protection of women from domestic violence act, 2005 was inordinately delayed and there was no reasonable explanation for the delay and, secondly, that petitioner is not liable to pay maintenance particularly to the son who is already attained age of majority. ..... the petitioner is facing proceedings initiated under section 12 of the protection of women from domestic violence act, 2005 (act 43 of 2005), which was registered as criminal application no. ..... the contention as to whether the protection of women from domestic violence act, 2005 is retrospective needs to be considered in the light of settled legal position in this regard. ..... the protection of women from domestic violence act, 2005 came into force on 26/10/2006 vide s.o. ..... learned advocate for the respondent submitted that there is no question of limitation as submitted by the learned advocate for the petitioner as there is continuous cause of action for a wife to claim maintenance and avail of residence and protection orders under the domestic violence act. .....

V.K.V. Sarma Vs. Ms. Indra Sarma

Court : Karnataka

..... the petitioner is before this court aggrieved by the trial court allowing the application filed by the respondent u/s 12 of the protection of women from domestic violence act, 2005 (the act for short) and the said order of the trial court being confirmed by the lower appellate court. 2. ..... 15, further, the apex court observed that the aforesaid view would take out many women who have had a live-in relationship from the benefit of the act, but then it is not for the court to legislate or amend the law and the parliament has used the expression relationship in the nature of marriage and not live-in relationship. 16. ..... the apex court therefore went on to observe at para.34 that, live-in relationships will amount to a relationship in the nature of marriage to get the benefit of act of 2005 and to get such benefit, conditions mentioned in para. ..... learned counsel for the respondent further argued that the act is meant to take care of the interest of women in general and therefore the act does not confine itself to relationship in the nature of marriage and therefore even a live-in relationship is covered by the expression domestic relationship. ..... nevertheless, it is his submission that, the relationship between the parties does not come within the definition of domestic relationship as defined u/s 2 (f) of the act. 8. .....

K. Binulal Vs. R.S. Roopa

Court : Kerala

Reported in : 2011(3)KLJ782; 2011(3)KLT933; 2011(3)ILR(Ker)836; 2011(3)KHC738

..... first class magistrate, neyyattinkara will permit the respondent wife to move such request as may be permissible in law to revive any request by her for maintenance in the course of proceedings under the protection of women from domestic violence act, 2005, now that the order in her favour by the family court in that regard is being vacated thereby. ..... pointed out on behalf of the respondent that in view of the order that is now challenged, the wife has not pressed the request by her for maintenance under the provisions of the protection of women from domestic violence act, 2005 pending before the judicial first class magistrate court, neyyattinkara. ..... in the absence of any enabling provision in the g and w act entitling the wife to claim maintenance for herself pending consideration of an application under the g and w act in relation to the child, we do not find any substantive right ..... and w act does not contain any provision similar to that in section 24 of the hindu marriage act, 1955; section 36 or 41 of the indian divorce act, 1869; section 38 of the special marriage act, 1954 or section 39 of the parsi marriage and divorce act, 1936 ..... the proceedings under the g and w act is not necessarily a litigation relating to or generated by the matrimonial tie and ..... order for interim maintenance to the wife, it has to be noted that the main matter pending before the family court is only an application filed by the husband under the provisions of the g and w act for custody of the child. .....

ifci Limited Vs. Narender Kumar

Court : Delhi

..... she also states that she has filed legal proceedings for maintenance and under the protection of women from domestic violence act, 2005 against the respondent / alleged contemnor and which proceedings are still pending. ..... pushpa under the domestic violence act, in which, it was clarified that there is no stay against the dispossession of smt. ..... it was further clarified that the arrears if any of licence fee / rent due with respect to the said accommodation be not deducted from the said amount and are to be adjusted / deducted out of the pension due in future to the respondent / alleged contemnor. ..... the respondent / alleged contemnor appearing in person, after understanding from the counsel who was earlier appearing for him, has stated that for the lapse committed by him in not informing to the court on 7th february, 2011 that in fact it was his wife who was in possession, he is willing that all the arrears of `6,00,000/- or more which are due to him from petitioner / relator, be released directly to his wife smt. ..... pushpa and he himself was ousted from the said flat four years ago and has been residing at faridabad for the last four years. 3. ..... she further states that the respondent / alleged contemnor has intentionally given an undertaking in this court to vacate the accommodation so as to oust her from the said accommodation. 4. ..... pushpa from the aforesaid accommodation. .....

Kusum Lata Sharma Vs. State and anr.

Court : Delhi

..... nagender vashishtha & ors" received summons from the court of learned metropolitan magistrate under section 12 of the protection of women from domestic violence act, 2005(in short the act) to appear on 8th march, 2011. ..... in such circumstances, it 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, 2005. 15. ..... no restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the domestic violence act, 2005, to make it specific to males only. 14. ..... thus, a perusal of section 2(a) and 2(f) of the act shows that any woman who is in a domestic relationship, the said domestic relationship being one between two persons who lived at any point of time together in a shared household related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or family members living as a joint family and alleges that she has been subjected to any domestic violence by the respondent is entitled to relief under the act. 8. ..... the relevant sections read as under:- "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; (b)....................... (c)....................... (d)...................... (e)...................... .....

Shanker Vs. Meena

Court : Delhi

..... submitted that under section 12(2) of the protection of women from domestic violence act, 2005, the relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent. 12. ..... counsel for respondent further submitted that the said janta flat at narela was purchased during the pendency of the proceedings under the protection of women from domestic violence act, 2005. ..... further she submits that under rule 6(5) of the protection of women from domestic violence rules, 2005, which reads as under:- "6.applications to the ..... until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such magistrate may consider any ..... it is thus stated that the petitioner now cannot be permitted claim the additional maintenance @ rs.2000/- per month and from the conduct of the parties as pointed out hereinabove, it is very clear that the order of interim maintenance was only for rs.2000/- per month and not @ rs.2000/- per month for each of the petitioners." .....

Surender Pathak Vs. Maya Devi

Court : Delhi

..... counsel states that if on mere assertions by women, men have to be summoned to face trial pertaining to the law of domestic violence, it would create a chaos and thus would urge that some prima facie proof in support of marriage needs to be filed when a complaint under the protection of women from domestic violence act 2005 is filed. 4. ..... in the complaint filed under section 12 of the protection of women from domestic violence act 2005, the respondent has alleged against the petitioner that after her late husband sh.harpal singh died, she and the petitioner got married on 28.1.1992 and since then had lived as husband and wife ..... highlighting that the daughter in question is the one born to the respondent from her previous husband, i conclude by holding that the respondent has prima facie shown evidence that the petitioner and she were having a relationship as husband and wife. ..... now, if a wife is thrown out lock, stock and barrel from her matrimonial house, it may happen that proof of her marriage would lie in the house and till she has access thereto, she may not be able to furnish prima facie proof of the same, but ..... with the counter affidavit filed, the respondent has filed photographs which she has obviously obtained from her daughter who got married on 26.11.2007. ..... shows the crying daughter placing her head on the shoulder of the petitioner akin to what we normally see when the girl leaves from the house after marriage. 8. ..... how many women in india possess such kind of documents .....