Court : Kerala
..... the application was one under section 23 of the protection of women from domestic violence act, 2005 for maintenance at the rate of rs.10,000/- per month. 3. ..... the further contention was that the petitioner also earns rs.3,000/- per month from the landed property. ..... petitioner complains of cruelty at the hands of the inmates of the house of the first respondent and also alleged that she was being harassed asking her to get money from her house. .....
Tag this Judgment!Court : Karnataka
..... submission of learned counsel for the respondent is that, as the protection of women from domestic violence act, 2005 has been enacted to protect the women being the victims of domestic violence, it is therefore contended that the reference to the statement of objects and reasons that the provisions contained in sub-section (3) of section 29 will be applicable even to the domestic violence act and it is not restricted only to the law relating to marriage and divorce. 14. ..... whether sub-section (3) of section 29 of the limitation act, 1963 operates as a bar for filing the application under section 5 of the said act before the lower appellate court in respect of the proceedings under the protection of women from domestic violence act, 2005, (domestic violence act, 2005 for short) is the question that has arisen in this petition. 2. ..... the provisions contained in the protection of women from domestic violence act, 2005 do not expressly exclude the application of sections 4 to 24 of the limitation act. ..... what is contemplated therefore is in respect of the law relating to marriage and law relating to divorce and there is no scope for reading into sub-section (3) and the provisions relating to protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Delhi
..... thereafter, the petitioner filed another application under the protection of women from domestic violence act, 2005 claiming maintenance and same was dismissed by learned trial court as well as sessions court as non-maintainable in the background of settlement dated 02.04. ..... (iv) the petitioner filed the application under the protection of women from domestic violence act, 2005 claiming maintenance and same was dismissed by learned trial court as well as sessions court as non-maintainable in the background of settlement dated ..... failing in her endeavour to crl.m.c.no.2602/2010 page 9 of 12 fulfil her greed under prevention of domestic violence against women act, because the case was ruled to be non-maintainable in the background of settlement dated 02.04.2003, she took the shelter of section 125 cr. ..... behalf of son, petitioner while asserting that she is living on the mercy of relatives, friends, but failed to name even a single person from whom she had taken debt or loan and this fact goes to prove that she has sufficient means to maintain herself..18. ..... has submitted that the petitioner has concealed important / material facts from this court because these facts render this petition to be non- ..... /2010 page 6 of 12 (ii) the petitioner backtracked from the said settlement and continued with the litigation vigorously. ..... of her son deposed that she was living on the mercy of the relatives, friends, however failed to name even a single person from whom she had taken debt or loan..28. .....
Tag this Judgment!Court : Kerala
..... in this petition under section 482 of the code of criminal procedure, the respondent in m.c.no.323/2011 on the file of the judicial magistrate of the 1st class, parappanangadi, a petition under section 12 of the protection of women from domestic violence act, 2005, seeks an order to quash all further proceedings in the above petition. ..... at para 5 the learned single judge held as follows: "it is not the form that has to be looked into in determining the reliefs canvassed under the act, but as to whether the allegations set out in such application make out a case for commencement of a proceeding under the act, which is intended to prevent domestic violence. .....
Tag this Judgment!Court : Kerala
..... of the relevant provisions of the protection of women from domestic violence act, 2005 (for short the dva) ..... paragraph-9: this provision is a measure of social justice and specifically enacted to protect women and children and falls within the constitutional sweep of art.15(3) reinforced by art.39. ..... the socialist legislature flowing in favour of the deprived section of feminine humanity who are unable to find a saviour to give them comfort, protection and dignity of life consequent to the unfortunate termination of their matrimony and their inability to get settled in their life thereafter by re-marriage ..... considered opinion, as has been held by this court in chand dhawans case (supra), the expression used in the opening part of section 25 enabling the court exercising jurisdiction under the act at the time of passing any decree or at any time subsequent thereto to grant alimony or maintenance cannot be restricted only to, as contended, decree of judicial separation under section 10 ..... favour of such wives of terminated marriages who remain unmarried found expression in the expansive inclusion of certain categories of women within the protective sweep of sec.125 cr.p.c. ..... stem or emanate from such a marriage which is annulled under sec.12 of the hindu marriage act, contends counsel. ..... inferred from long cohabitation of parties and acts of ..... 2005 sc 422) that the wife in an annulled marriage is also entitled for permanent alimony and maintenance under sec.25 of the hindu marriage act .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Allahabad
..... veenu anand wife filed an application u/s 12 of the protection of women from domestic violence act, 2005 (in short the act). ..... parties, jointly by the aggrieved 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. ..... 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) adiding 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 place frequented by the aggrieved ..... penalty for breach of protection order by respondent - (1) a breach of protection order, or of an interim protection order, by the respondent shall be an offence under this act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. .....
Tag this Judgment!Court : Delhi
..... contempt of courts act, 1973 read with article 215 of the constitution of india, with the allegations to the effect that the respondent has deliberately and willfully disobeyed the orders dated 30.09.2010 and 05.04.2011 passed by the guardianship court, saket courts, new delhi, passed in guardian case no.66/2010 and also the orders of the metropolitan magistrate dated 13.10.2011 in cc no.332/1, and of the additional sessions judge dated 19.10.2011 passed in protection of women from domestic violence act, 2005 (dv act) proceedings. ..... has been filed now on behalf of complainant seeking permission to correct the typographical errors in the petition filed by the complainant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act). ..... copy of the domestic violence complaint along with all the annexures is annexed as ..... under the cover of the orders obtained from the learned metropolitan magistrate in proceedings under the dv act, which have been obtained by suppression of the proceedings and orders of the learned guardianship judge, the respondent has sought to take away the child liam from the custody of the petitioner, and into her own custody ..... however, even this order was suppressed and concealed from the learned m.m and the learned asj dealing with the d.v act proceedings, evidently for the reason that this order too would have betrayed the fact that it was the respondent who was being granted visitation rights, and not .....
Tag this Judgment!Court : Chennai
..... father-in-law of the first respondent.3.based on the above mentioned allegation, the revision petitioner filed a petition under sections 18, 19 and 23 of the protection of women from domestic violence act 2005 for the following reliefs:-(i)protection order under section 18 of the said act, prohibiting the respondent no.1 and 2 from committing any act of domestic violence on the revision petitioner and prohibiting the respondent no.1 from alienating the property bearing door no.6 nagalingam pillai street, thiruchuli road, arupukkottai, virudhunagar district, which the petitioner claims to be a shared household ..... appeal, concurred with the findings of the trial court that the revision petitioner had not made out any prima facie case for any of the reliefs sought for under sections 18, 19 and 23 of the protection of women from domestic violence act 2005.6.the learned appellate judge has adverted to the transactions that took place subsequent to the death of the husband of the revision petitioner and also referred to the fact that the revision petitioner chose to reside .....
Tag this Judgment!Court : Andhra Pradesh
..... in the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs under the protection of women from domestic violence act, 2005 (for short "the act") against the petitioners in criminal petition no.2539 of 2009. ..... unambiguously noting that if the remedies provided under sections 18 to 22 of the act are applicable prospectively to acts or omissions of domestic violence that occurred prior to 26-10-2006, then the aggrieved person who suffered violence prior to that date would be deprived of claiming any relief under the act, the learned judge found no justification or reason to deny certain remedies available to women who suffered domestic violence prior to 26-10-2006 as such a narrow interpretation will defeat the object and purpose of enacting the act. ..... as the female relatives of the husband or male partner are, thus, not excluded from the applicability of the act, if it is otherwise applicable, the domestic violence case against the 3rd petitioner cannot, therefore, fail on the ground of her sex. 18. .....
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