Court : Kerala
Reported in : 2008(3)KLJ304
..... the interesting question which is raised in this revision is as to whether a divorced wife is entitled to file a petition under section 12(1) of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') claiming return of dowry and ornaments and also for maintenance payable under section 125 of cr.p.c.2. ..... 50,000/- for the mental and physical loss sustained by the applicant on account of the domestic violence committed by the respondents.the revision petitioner also filed cmp 284/2007 under section 23 of the said act for interim maintenance at the rate of rs. ..... in the course of the judgment, the additional sessions judge took the view that going by the definition of aggrieved person contained in section 2(a) and the definition of 'domestic relationship' contained in section 2(f) of the act, unless the applicant has the present status as a 'wife' or is at least in a 'domestic relationship' with the respondent on the date of the application, she cannot maintain an application under section 12 of the act and if so, no interim order also could be granted to the applicant under section 23 of the ..... it is true that on 11.1.2007 when the revision petitioner, priya approached the magistrate under section 12(1) of the act, she was already a divorced wife, her divorce having been declared with effect from 13.5.2005 by the family court, alappuzha. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj431
..... protection of women from domestic violence act, 2005, which was also considered, and it was held, that the house in question cannot be said to be a 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 ..... from the averments it transpires, that the claim is based on the protection of women from domestic violence act, apart from the fact, that she could take proceedings under section 18 of the hindu adoptions and maintenance act ..... protection of women from domestic violence act is concerned, we are not called upon to adjudicate here, and embark upon her right under that act, lest it may prejudice the proceedings, which are already pending before the competent court, having been initiated under that act ..... the plaintiff, 'and apprehending danger to her life, particularly in the background of the fact, that his first wife had committed suicide, she called her parents from pune, with whom she went to pune, and after she realised, that she was a burden on her parent's family, she decided to come down to bombay ..... the act were considered, and the contentions pressed into service were turned down, and regarding her right tor protection under ..... from a reading of that judgment it is clear, that there were factual controversies involved, which effected the applicability of section 17(1) and 18(1) of the limitation act, and was not a case, where the suit was ex-facie barred, so as to attract the provisions of section 3 of the limitation act .....
Tag this Judgment!Court : Mumbai
Reported in : 2009CriLJ107
..... a view to appreciate the submissions, it will be necessary to refer to the facts of the case in brief.the first respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... the said rules are known as the protection of women from domestic violence rules, 2006 (hereinafter referred to as the said ..... (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 section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the ..... said prohibitory order is essentially for preventing the respondent from committing an act of domestic violence or from preventing commission of any act as. ..... an affidavit being filed in the prescribed form, the learned magistrate can exercise power to grant an ex parte ad interim orders under sections 18, 19, 20, 21 or 22 of the said act provided the learned magistrate is satisfied that the application made by the aggrieved person prima facie discloses that the respondent to the said application is committing or has committed an act of domestic violence or there is a likelihood that the respondent may commit an act of domestic violence. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR831
..... the respondent-wife moved an application before the family court, bandra under section 26 of the protection of women from domestic violence act, 2005 ('the domestic violence act' for short) to seek declaration that she has a right to reside in the shared house i.e ..... before embarking upon the rival submissions it is necessary to note that the domestic violence act was enacted on 13th september, 2005 to provide more effective protection of the rights of women, guaranteed under the constitution, who are victims of violence within the family and to deal with the matters connected therewith or incidental ..... the purpose of the act is to provide remedy in the civil law for protection of women from being victimised by domestic violence and to prevent the occurrence of domestic violence to the society.11 ..... court, after hearing both parties, was pleased to partly allow the application with the result the petitioner-husband and all relatives were permanently restrained from committing any act of domestic violence and in turn rejected prayer of respondent-wife to prevent the petitioner's mother and sister from entering in the shared household.being aggrieved by the aforesaid order, to the extent it is adverse to the petitioner, he has invoked writ jurisdiction of this court under article ..... learned counsel appearing for the petitioner urged that the application under section 26 of the domestic violence act was not maintainable and that the subject-flat cannot be termed as the shared household. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)154PLR86
..... maintain the petitioner with him, she moved an application under sections 12, 18, 19 and 20 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act'). ..... placed reliance on the provisions of section 20(1)(d) of the act which provides in no uncertain terms that while disposing of an application under sub-section (1) of section 12 of the act, the magistrate may direct the respondent to pay monetary relief to meet the expenses incurred 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 is not limited ..... section 23(2) of the act further provides that 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 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 and 21 or, as the case ..... the learned sessions judge, while setting aside the order passed by the learned trial magistrate, did not properly appreciate the provisions of sections 20 and 23 of the act, as discussed above.for the aforesaid reasons, this revision petition is allowed, the order passed by the learned sessions judge is set aside and that of the ..... of the hindu marriage act, 19ss seeking divorce from the respondent. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009CriLJ889
..... consideration in this petition:(i) whether an order passed on an application made under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the said act') is appealable under section 23 of the said act? ..... protection of women from domestic violence rules, 2006 (hereinafter referred to as the said rules) have been framed under the said act ..... which can be granted on an application under section 12 the said act can be broadly classified as under:(i) protection orders under section 18 which are for preventing the respondent from committing an act of domestic violence;(ii) residence orders under section 19;(iii) monetary relief under section 20 which includes maintenance, loss of earnings, medical expenses and loss caused due to destruction, damage or removal of any property from the control of the aggrieved person;(iv) custody orders under section 21 dealing ..... the prayer in the said application is that the petitioner should be prohibited from committing any act of domestic violence and also from causing any kind of alienation of the said flat and from causing any disposition of the said flat or any encumbrance thereto and from preventing the 2nd respondent from having access to and fro to the said flat and enjoying the said ..... the object of the said act is 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 matters connected .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1091
..... rahul gupta filed an application before trial court under the provisions of protection of women from domestic violence act, 2005 (for short 'the act of 2005') for handing over custody of his son anmol gupta on each and every sunday from 8:00 am to 8:00 pm so that he along-with his parents can give love and affection to anmol gupta. ..... the words 'aggrieved person' are defined in section 2(ka) of the act of 2005, which run as under:2 (ka) '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.6. ..... the act of 2005 also provides the definition of 'respondent' which is reproduced as under:2(q) '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;provided 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 partners.7. ..... rahul gupta under the act of 2005, which is affirmed in question asked for from mr. ..... jain, counsel appearing for the petitioner submit that judgment passed by appellate court dated 3.6.2008.is illegal, erroneous and against the act of 2005 and cannot be sustained in the eye of law. ..... ranjan, advocate straightforward answered that 'such type of application under the act of 2005 is not maintainable.'9. mr. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2009Delhi72; 152(2008)DLT691; 2008(106)DRJ623
..... she referred to protection of women from domestic violence act, 2005 and argued that the right of women to live in the shared household was to be protected by every court and the house of in-laws was a shared household and a matrimonial home and she had a right to live there.7. in ..... is because of love, affection, mutual trust, respect and support that members of a joint family gain from each other that the parents keep supporting their sons and families of sons. ..... these circumstances, the learned senior civil judge allowed the application under order 39 rule 1 and 2 cpc and restrained the defendants (petitioner herein) from forcibly entering into their house and disturbing the peaceful possession of the respondents.6. ..... they had shown by filing medical record that they were suffering from various ailments and at this age of their life they have a right to live peacefully at their ..... there is no such law in india, like the british matrimonial homes act, 1967 and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law or mother ..... is aggrieved by an order dated 4th january, 2006 passed by the learned additional senior judge allowing an appeal of the respondent against order dated 24.5.2005 of civil judge dismissing an application under order 39 rule 1 & 2 cpc.2. ..... consider that the order passed by the learned senior civil jude granting injunction does not suffer from any illegality and the petition is hereby dismissed. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT481
..... . taruna batra (supra) wherein the apex court while dealing with matrimonial home in the context of provisions of protection of women from domestic violence act (43 of 2005) observed at paras 12, 16, 23 and 25 as under:with respect, we are unable to agree with the view taken by the high court.there is no such law in india, like the british matrimonial homes act, 1967 and in any case, the rights which may be available under any law can only be as against the husband and not against ..... . the appellate court further recorded reasons commencing from paras 10 to 23 and came to the conclusion that to protect the rights of parties granting temporary injunction is inevitable ..... the father-in-law or mother-in-law.learned counsel for the respondent smt.taruna batra stated that the definition of shared household includes a house-hold where the person aggrieved lives or at any stage had lived in a domestic relationship .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2009(1)MPHT37(CG)
..... 5/2008, whereby learned sessions judge has partly modified the amount of monthly maintenance awarded to the non-applicants under the provisions of section 20(1)(d) of the protection of women from domestic violence act, 2005 (for short 'the act') by the judicial magistrate, first class, kawardha vide order dated 14-12-2007 of misc. ..... to meet the expenses incurred 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 is 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, if any, including an order ..... learned counsel for the applicant submits that section 20(1) of the act envisages that while disposing of an application under sub-section (1) of section 12, the magistrate is competent to direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person as a result of the domestic violence including the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code. .....
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