Court : Allahabad
Reported in : 2007CriLJ4742
..... 2262 of 2007 under sections 12, 17, 18, 19, 20 and 22 of protection of women from domestic violence act, 2005 (hereinafter referred to as the act) to show cause within specified time, why action should a not be taken against ..... no compliance of rule 6 of the protection of women from domestic violence rules 2006 (hereinafter referred to as the ..... (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:provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance ..... by learned counsel for the applicants is that the complaint cannot be filled directly to the magistrate, but it should be filed before the protection officer as defined in section 2(n) of the act and on receiving the complaint, the protection officer will submit domestic incident report and then the magistrate will take cognizance of the matter. ..... 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 .....
Tag this Judgment!Court : Delhi
Reported in : 146(2008)DLT497
..... also initiated under the protection of women from domestic violence (act) 2005. ..... complainant was misled into compromise, oblivious of the fact that her compromise encompassed the quashing of an offence of cheating, no doubt, non-disclosure of the status a party at the pre-marriage stage would be an act of deception for the reason whether a party is a divorcee or not is a material fact but the question would arise in the instant case, whether any such deception existed.74. ..... in para 7 of the decision in biman chatterjee's case (supra) their lordships have observed:here we hasten to observe first of all from the material on record, we do not find that there was any compromise arrived at between the parties at all, hence, question of fulfilling the terms of such compromise does ..... with the plethora of laws operating in the filed of domestic disputes, courts have been choked by multiplicity of proceedings arising out of a ..... she pleaded as under:the submission of the respondent is false and baseless as is evident from the orders enclosed with the application of the respondent that the compromise of the petitioner with the respondent was for quashing fir under section 406/498a/34 ipc and for ..... anu gautam informed the acp, crime against women cell, kirti nagar that her statement in court on 25.1.2003 was not voluntary and that she ..... from the said 3 proceedings which are penal in nature, a divorce proceeding is initiated in which application under section 24 of the hindu marriage act springs .....
Tag this Judgment!Court : Delhi
Reported in : AIR2008Delhi1; 148(2008)DLT685; 2007(97)DRJ668
..... can also take some support from the provisions of the protection of women from domestic violence act, 2005 and particularly, section 2(a) as well as sections 18, 20 and 26 of the said act, which are to the following ..... 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 dependents, 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.20. ..... , 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 favor 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 ..... and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,-(a) the loss of earnings;(b) the medical expenses;(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and(d) the maintenance for the aggrieved person as well as her children, .....
Tag this Judgment!Court : Delhi
Reported in : 2008CriLJ66; I(2008)DMC58
..... protection of women from domestic violence act, 2005 ..... the respondent herein had filed an application under section 23 of the protection of woman from domestic violence act, 2005 before the magistrate praying for grant of interim relief seeking therein her entry into the shared house hold at 7, sunder nagar, new delhi and also prayed ..... sought for giving directions to the protection officer to remove the respondent and the family members from the house, which goes on to show that the respondent is already in possession of the house that is why such direction has been sought for removing her from the house.16. ..... remedy by way of appeal or by way of alteration, modification or revocation of any order, has been provided under the act, prima-facie, the present petition under article 227 of the constitution of india, under these circumstances is not maintainable before ..... stay of the operation of the impugned order and for giving a direction to the protection officer to remove the respondent and her family members from the house.5. ..... (2) if the magistrate, on receipt of an application from the aggrieved person or the respondent is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this act, he may, for reasons to be recorded in writing pass such order, ..... further, section 29 of the act provides for appeal to the court of session within thirty days from the date on which the order made by the magistrate is served on the .....
Tag this Judgment!Court : Kerala
Reported in : I(2008)DMC365
..... is appealable under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the pwdv act' for short).3. ..... iii of the protection of women from domestic violence rules, 2006 ('the ..... (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under sections 18, 19, 20, 21 or, as the case may he, section 22 ..... section 23 clearly shows that in an appropriate case where the magistrate is satisfied that the application discloses that the respondent to the application is committing or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, the magistrate is empowered to grant an ex parte order (ad interim order) on the basis of an affidavit in form no. ..... has been approached, and any service provider located within the local limits of the jurisdiction of the court and if any service provider has registered a domestic incident report, to that service provider.thus, in all cases where the magistrate has passed any order under the act, he has to order that a copy of such order shall be given free of cost to the parties to the application besides to the other functionaries .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2008Chh1
..... legality and correctness of the order dated 15-6-2006 passed by the judge, family court, bilaspur on an application filed by the appellant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act, 2005') whereby learned judge, family court held that since application has been filed under section 12 of the act, 2005, which ought to have been filed before the magistrate and the relief sought for falls under the jurisdiction of the civil court, therefore ..... , in order to provide a remedy in the civil law for the protection of women from being victim of domestic violence and to prevent the occurrence of domestic violence in the society for the protection of women from domestic violence, the act, 2005 has been enacted by the parliament. ..... the fact that domestic violence is undoubtedly a human right issue and serious deterrent to development, this law has been enacted keeping in view 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. ..... the act, 2005 has been enacted, as the united nations committee on convention on elimination of all forms of discrimination against women in its general recommendations recommended that state parties should act to protect women against violence of any kind, especially that occurring within the .....
Tag this Judgment!Court : Delhi
Reported in : 148(2008)DLT650
..... the plaintiff consequently also seeks to amend the title of the plaint so as to incorporate the provisions of 'the protection of women from domestic violence act, 2005' which has been invoked on 17th october, 2006 as the court is competent to exercise its power conferred under sections 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005.5. ..... they also want to include the prayer regarding claim of maintenance of rs.1.5 lakhs from the defendants which was left inadvertently by them though various paras show that the plaintiffs have pleaded material facts seeking claim of maintenance from the defendant no. 1.15. ..... the learned counsel for the defendants have also relied on section 23 of the hindu adoption and maintenance act, 1956 to contend that the amount of maintenance to be awarded to a wife, children is to be based on various factors which are detailed in para 23(2) and (3) of the said act. ..... 6240/2005 pleads the facts regarding the plaintiffs being indigent persons along with the schedule of properties of the plaintiffs which has been duly verified. ..... 6240/2005 seeking permission to sue as an indigent person. ..... the plaintiffs/applicants contend that they have filed a suit for permanent injunction and maintenance against the defendants under sections 18, 20 and 23 of hindu adoption and maintenance act.3. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008(1)WLN359
..... magistrate as well as the appellate court held that as per provisions of section 2(q) of the protection of women from domestic violence act, 2005, only a male person could be treated as respondent, thus smt. ..... proceedings against the respondents under the protection of women from domestic violence act, 2005 by not treating them as 'respondents' being women. ..... the contention of counsel for the petitioner, while giving challenge to the orders impugned, is that the courts below while withdrawing proceedings against the respondents failed to appreciate that proviso to section 2(q) of the act of 2005 in most unambiguous term prescribes that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner and in the instant ..... ' as defined under section 2(q) of the act of 2005 reads as follows:'respondent' means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act. ..... from a plain reading of the proviso to section 2(q) of the act of 2005, it is apparent that a complaint by a wife or a female living in relationship in the nature of marriage may also file a complaint against a relative of ..... quashed to the extent they relate to withdraw proceedings under the act of 2005 against smt. ..... kumari gayatri being female cannot be a party to the proceedings as 'respondents' under the act of 2005.3. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD486; 2008(2)ALT241
..... relied on section 19 of the protection of women from domestic violence act, 2005 (for short, 'the act'). ..... non for an order under section 19 is an application under section 12 before the magistrate and the magistrate has to satisfy himself before passing an order under section 19 that domestic violence has taken place. ..... question of section 19 of the act, it has to be read along with section 12 because, it comes into play when an application has been made under section 12 and an aggrieved person or a protection officer or any person on behalf of the aggrieved person can make an application to the magistrate seeking an order or relief under the act. ..... she submitted that the respondent had been resorting to several tactics in order to dispossess her from the petition schedule property and he was sending strangers to the house, who, in turn, were claiming that they were prospective ..... in the counter-affidavit filed by respondent, he stated that he had purchased the property from out of his own funds and neither the petitioner nor her family members contributed any amount in purchasing the same and agreed that since february, 1997, the petitioner is staying ..... she submitted that respondent had purchased the schedule property from out of the funds given by her and her family members, but the property was purchased in the name of the ..... she had filed a suit for perpetual injunction, but from the impugned order it appears that such an argument was made before the family court and the argument .....
Tag this Judgment!Court : Kerala
Reported in : II(2008)DMC92
..... respondent herein had approached the learned magistrate with an application under section 12 of the protection of women from domestic violence act, 2005. ..... passed against him in a properly instituted appeal under section 29 of the protection of women from domestic violence act, subject of course to the law of limitation. ..... writ petition cannot, hence, be entertained as the petitioner has an efficacious alternative remedy under section 29 of the protection of women from domestic violence act to challenge the said order. ..... learned counsel for the petitioner was requested to explain why he has come to this court with a writ petition and why the option to prefer an appeal under section 29 of the protection of women from domestic violence act has not been invoked. ..... learned counsel for the petitioner submits that the impugned order is only a procedural order and, therefore, under the impression that such an order is not appealable under section 29 of the act, no appeal was preferred and the petitioner has come to this court with this writ petition.3. ..... find no reason to entertain this writ petition at the instance of the petitioner who has a right of appeal under section 29 of the act. ..... petitioner must have challenged the order by a properly instituted appeal under section 29 of the act. ..... that application to set aside the ex parte order is dismissed on the ground that such a petition will not lie, the said finding/order is according to me certainly an appeal able order under section 29 of the act. .....
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