Court : Orissa
..... the facts and circumstances giving rise to the present writ petition are as follows: opposite party-rashmibala pradhan had filed an application bearing cmc no.116 of 2007 under section 12 of the protection of women from domestic violence act, 2005 (for short, act, 2005 . ..... to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. ..... the petitioner, since the act, 2005 came into force with effect from 26.10.2006, the domestic violence, if any occurred prior to that date the opposite party is not entitled to get any relief under the act, 2005 as the act, 2005 has no retrospective operation. ..... to enact a law keeping in view of the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.4. ..... the act, 2005 has been enacted to provide for more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind occurring within the family and for matter .....
Tag this Judgment!Court : Punjab and Haryana
..... order dated 29.10.2010 passed by the learned additional chief judicial magistrate, chandigarh, in a complaint filed under the protection of women from domestic violence act, 2005 (for short, ' the domestic violence act'), inter-alia, prayer is for enhancement of maintenance and also for providing residence. 4. ..... opinion, it can be resolved that whatever maintenance is finally fixed by the court in the complaint filed by the petitioner-wife under the domestic violence act, which was filed in august 2010 and the entitlement of the petitioner for maintenance under section 24 of the act is from april 2010 to august 2010, the same amount shall be payable from april 2010 onwards which will take care of the entitlement of the petitioner even under section 24 of the ..... wife as an interim measure, otherwise in the complaint under the domestic violence act, no evidence has been led in support of her claim by the ..... 7900 of 2010 pertaining to the proceedings under the domestic violence act is concerned, even in that case also no evidence has ..... as far as the petition under the domestic violence act is concerned, it was submitted that without there being any evidence on record, though the learned court below had fixed rs.4,000/- per month, still the respondent-husband at his ..... the respondent-husband is directed to pay another sum of rs.10,000/- per month as maintenance to the petitioner wife subject to final decision by the learned court below in the complaint filed under the domestic violence act. .....
Tag this Judgment!Court : Delhi
..... 2 herein) under section 12 of protection of women from domestic violence act, 2005 (for short the act). 2. ..... this being the state of affairs, both levelling allegations of domestic violence against each other, it was not at all possible to determine in the present proceedings, all these allegations, all and counter allegations, all being ..... petitioner: (i) restraint order against the petitioner from selling, alienating or creating any third party interest in the assets mentioned in the complaint; (ii) restraint order against the petitioner from taking forcible possession of the car dl-3cy-9031 from her; (iii) restraint order against the petitioner from dispossessing her from the premises where she has been living over the last nine years; and (iv) protection order for their safety and security ..... the plea of the petitioner that the summary criminal proceedings could not be used as division or claim of properties of the husband, it is stated that as per section 26 of the act, any relief may be sought under sections 18 to 22 of the act in addition to any other relief that an aggrieved may seek before a civil or criminal court and thus, she was entitled to seek claim in the properties. 11. ..... with regard to her claim seeking protection from the petitioner, so long the couple continues to reside in the same premises, it is expected that they shall not give any cause of complaint to ..... under section 29 of the act, an appeal has been provided to the court of sessions from the orders of the .....
Tag this Judgment!Court : Andhra Pradesh
..... the petitioners counsel placed reliance on section 26 of the protection of women from domestic violence act, 2005 (in short the act) as enabling provision for the relief claimed herein. ..... the question of getting conflicting decisions may not arise between the two courts in the two pending proceedings as scope of decision in a divorce petition is entirely different from the scope of a domestic violence case under the act before the magistrate. ..... there are no grounds for transfer of domestic violence case from criminal court, hyderabad to family court, secunderabad. ..... thirdly, section 26 enables an aggrieved person/wife or children to claim reliefs under sections 18, 19, 20, 21 and 22 of the act as additional relief and not as independent relief in any proceeding in civil court or family court or criminal court in case those proceedings are affecting the aggrieved person. ..... (3) in case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this act, she shall be bound to inform the magistrate of the grant of such relief. ..... the petitioner who is husband seeks transfer of d.v.c.no.86 of 2011 from iv metropolitan magistrate court, hyderabad to the family court, secunderabad where o.p.no.611 of 2012 is pending for divorce. ..... in that view of the matter, section 26 of the act does not come to the rescue of the petitioner in this transfer petition. .....
Tag this Judgment!Court : Chennai
..... 18, 19, 20(1) & 22 of the protection of women from domestic violence act, 2005, which was taken on file in d.v.a.c.no.1 of 2010 and interim order of rs.25,000/- per month has been awarded to the wife as maintenance and the right of residence was ordered. ..... the wife/appellant filed an application under domestic violence act against her husband and in-laws and obtained interim order of rs.25,000/- as maintenance and her right of residence was modified, against which, both husband and wife preferred appeals in c.a.no.39/2010 for reducing interim maintenance ..... she filed an application under domestic violence act and obtained an interim order of rs.25,000/- per month as interim maintenance, against which, both husband and wife preferred appeals in c.a.nos.39 and 46 of 2010 respectively. ..... since it is a matrimonial dispute and the complainant is residing away from her matrimonial home, the learned magistrate has to give one more opportunity to put forth her case. ..... is directed to dispose of the matter within a period of 45 days from the date of receipt of copy of this order on day to day basis. ..... as the wife/appellant herein was also suffering from stomach pain, she sent the medical certificate through her uncle and on her behalf, her uncle appeared before the court. ..... ) sub-court tambaram in respect of divorce petition filed by the husband under section 13(1)(i)(a) of the hindu marriage act. .....
Tag this Judgment!Court : Himachal Pradesh
..... an application under section 12 of the protection of women from domestic violence act, 2005, (for short 'act') through protection officer against the petitioner. ..... the protection officer on the basis of application moved by respondent as well as her complaint received from state commission for women through superintendent of police, kangra at dharamshala, prepared domestic violence report and filed the ..... restrained from committing any act of domestic violence against ..... that no doubt the view the supreme court had taken would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for the court to legislate or amend the ..... 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 ..... the respondent prayed for passing of protection order, residence order, restraining the petitioner from dispossessing her out of the shared house and allowing her to enter that portion of the shared house ..... respondent has relied chanmuniya versus virendra kumar singh kushwaha and another (2011) 1 scc 141, where the supreme court has held as follows:- 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 relationships in the nature of marriage within the definition of domestic relationship under section 2(f) of the act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicant herein has filed criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad on 22nd july, 2011 and those proceedings are pending before the said ..... criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad. ..... that, prior to filing this miscellaneous civil application, the respondent has filed proceedings bearing miscellaneous criminal application no.113 of 2012, before the principal seat of this court for transfer of proceedings from aurangabad to panvel court, but the applicant only with a view to counter blast the miscellaneous criminal application no.113 of 2012, has filed the present miscellaneous civil application by suppressing the material ..... it is true that, the respondent has filed the application for transfer of those proceedings from aurangabad to mumbai, however, said application is yet pending at principal seat of this court at bombay, however, the respondent has not invited any order staying aforesaid ..... being matrimonial proceedings, the family court, aurangabad on transfer, should decide hindu marriage petition no.8 of 2011 as expeditiously as possible, however, within six months from the first date of hearing, which will be fixed by the family court, aurangabad. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicant herein has filed criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad on 22nd july, 2011 and those proceedings are pending before the said ..... criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad. ..... that, prior to filing this miscellaneous civil application, the respondent has filed proceedings bearing miscellaneous criminal application no.113 of 2012, before the principal seat of this court for transfer of proceedings from aurangabad to panvel court, but the applicant only with a view to counter blast the miscellaneous criminal application no.113 of 2012, has filed the present miscellaneous civil application by suppressing the material ..... it is true that, the respondent has filed the application for transfer of those proceedings from aurangabad to mumbai, however, said application is yet pending at principal seat of this court at bombay, however, the respondent has not invited any order staying aforesaid ..... being matrimonial proceedings, the family court, aurangabad on transfer, should decide hindu marriage petition no.8 of 2011 as expeditiously as possible, however, within six months from the first date of hearing, which will be fixed by the family court, aurangabad. .....
Tag this Judgment!Court : Kerala
..... the protection of women from domestic violence act 2005 is enacted to provide more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and matters connected therewith or incidental thereto. ..... a learned single judge, while considering the question whether a mother could proceed against her daughter under the provisions of the protection of women from domestic violence act, taking note of the two decisions of this court in ramadevi v. ..... hence the following question was referred to a larger bench for an authoritative pronouncement on whether the proviso in the definition of respondent under section 2(q) of protection of women form domestic violence act (hereinafter referred to as the act) enables only an aggrieved wife or a woman living in a relationship in the nature of marriage, to proceed against the relative of the husband or the male partner as a respondent in a proceeding under the act, or, does it enlarge and include all persons falling under the definition of aggrieved person under the act. ..... as is clear from the statement of objects and reasons, the act was enacted keeping in view the rights guaranteed under articles 14, 16 and 21 of the constitution, to provide a remedy under the civil law which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. .....
Tag this Judgment!Court : Chennai
..... the learned counsel would further contend that as per section 27 of the protection of women from domestic violence act, 2005 the learned judicial magistrate, kallakurichi has got territorial jurisdiction to entertain the complaint.6. ..... the first respondent has filed the said petition under the provisions of the protection of women from domestic violence act, 2005, seeking maintenance, share in the household and other reliefs as provided in section 18 of the said act. ..... thus, it is obvious that the main purpose for which the act has been brought into force is only to protect the rights of women and to protect the victims of domestic violence. ..... it is evident that the purpose of the act is to provide for more effective protection of the rights of the women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. ..... this clearly brings to light the intention of the legislature to be liberal and considerate only towards the victims of domestic violence. ..... in the said judgment, the hon'ble supreme court had to consider sub-section 2 to section 11 of the consumer protection act which reads as follows:"11(2) a complaint shall be instituted in a district forum, within the local limits of whose jurisdiction,-(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the .....
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