Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Page 5 of about 1,783 results (0.090 seconds)

Paras Ram Sahu Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : 2009(1)MPHT35(CG)

..... 36-c/144/2005-06, whereby the decision of the presiding officer was quashed wherein it was held by the presiding officer that the 'no confidence motion' was not carried out.2. .....

Madhu Bala (Smt.) Vs. Pritam Kumar Rao

Court : Rajasthan

Reported in : RLW2009(1)Raj827

..... brief facts of the case are that petitioner submitted an application under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act of 2005'). ..... 85/- per day, although the respondent is involved in running business of plying 3 vehicles and the income from transportation of vehicle is quite large. ..... the respondent shall make payment of this amount from 18.2.2008 i.e. ..... from a bare perusal of the facts of the case and the material made available to me it is clear that the appellate court has not properly considered the facts of the case as also the material made available to me and .....

Nidhi Kumar Gandhi Vs. the State and ors.

Court : Delhi

Reported in : 157(2009)DLT472

..... leading to the filing of the present appeal are that the petitioner on 5th october 2007 filed an application in the court of the learned additional chief metropolitan magistrate (acmm') under section 12 of the protection of women from domestic violence act, 2005 ('act'). ..... it cannot be used as a kitchen, the petitioner appearing in person states that she will use it for the said purpose to the extent that she can as long as her right to a separate entrance from the ground floor and duplicate keys to the main entrance and main door are provided to her. ..... the petitioner stated in the said application that she had been forcibly thrown out from her matrimonial home at c-36, pushpanjali enclave, pitampura, delhi-110034 along with her minor daughter ..... the learned asj further observed that no procedure has been prescribed in terms of section 28(2) of the act and therefore devising its own procedure the learned asj directed restoration of the status quo ante as on 20th december 2007 ..... )3scc169 it was contended by them that the expression 'shared household' occurring in section 2(s) of the act did not include the present premises since it was owned exclusively by the father. ..... it is indeed inconceivable how at an interlocutory stage where, given the purposes of the act, the question before the learned mm is of giving urgent relief, a final determination can ..... section 29 of the act an appeal has been provided to the court of sessions from the order of the ..... from a reading of the chapter iv of the act .....

Aviral Bhatla Vs. Bhawna Bhatla

Court : Supreme Court of India

Reported in : 2009AIRSCW6622; (2009)3GLR2135(SC); 2009(2)KLJ116; 2009(1)OLR(SC)764; 2009(3)SCALE120; (2009)3SCC448; 2009(2)JT600.

..... a case under the protection of women from domestic violence act, 2005 being complaint case no. ..... dated 03.11.07, under section 12 of the domestic violence act, which is pending in the court of ..... 431 of 2008 before this court inter alia praying transfer of the petition under section 9 of the hindu marriage act, 1955 filed by the respondent pending before the chief judge, family court at gwalior and transfer of proceedings under section 125 criminal procedure code, 1973 filed by respondent pending before the ..... been filed by aviral bhatla (hereinafter referred to as the `husband') seeking transfer of several cases pending before learned chief judge, family court, gwalior, in proceedings under section 9 of the hindu marriage act, 1955 (in short the `act') and section 125 of the code of criminal procedure, 1973 (in short the `code'). ..... e-8/10, 3rd floor, malviya nagar, new delhi, within 7 days from the date of signing of the present petition, the same will be collected by the respondent and the expenses for the transportation will be borne by her.the respondent agrees and undertakes that after ..... , against petitioner and his family members under section 406 r/w 34 and 498a of the ipc read with section 4 of dowry prohibition act which is pending investigation in mahila police station padav, gwalior. ..... litigations between the parties are as follows:(i) the petitioner has filed a case/petition under section 13(1)(ia) read with section (iii) of the hindu marriage act, 1955 titled aviral bhatla v. .....

Madhusudan Bhardwaj and ors. Vs. Mamta Bhardwaj

Court : Madhya Pradesh

Reported in : 2009CriLJ3095

..... 5279/2007, whereby the learned magistrate has partly allowed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act') filed by respondent-mamta bhardwaj, the wife of the petitioner no. ..... in support, he has drawn attention at section 28 of the act and rule 6(5) of the protection of women from domestic violence rules, 2006(hereinafter referred to as the 'rules') and has submitted that the procedure for disposal of an application under section 125 of cr.p.c. ..... it is clear that the act has been enacted for safeguarding the rights of a woman guaranteed under the constitution and to provide protection against her victimization from domestic violence, interpretation of the provisions keeping this pious principle in mind is required . ..... - the 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)to(g)....section 28. ..... as argued, it is true that the opening words of the section 18 are that- 'the magistrate may, after giving the aggrieved person and 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...'. .....

Bindiya A. Chawla and ors. Vs. Ajay Lajpatrai Chawla and ors.

Court : Mumbai

Reported in : 2009(5)BomCR486

..... to the right of residence, which is implicit in her right of maintenance, as a wife, under section 17 of the protection of women from domestic violence act, 2005 (the said act).10. ..... right to reside in a shared household -(1) notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. ..... black's law dictionary, 7th edition, 1999 as ' the house where husband and wife live together' the concept of such matrimonial home can also be gathered from the legal provisions granting territorial jurisdiction to court in case of matrimonial disputes - to cite - under section 19 of the hindu marriage act, 1955 the court to which a petition under the act could be presented was, inter alia, the court in which the parties last resided together. ..... when the plaintiffs can show a nucleus of the huf and the acquisition from that nucleus of any of the properties any relief in respect thereof and for the protection of such properties for ascertaining share of plaintiffs no. ..... the plaintiffs in the said flat is required to be protected consequent upon the title of plaintiff no. ..... right to reside in the suit flat under the protection granted by the said statutory possession. ..... wife cannot, therefore, have the right of residence under section 17 of the act in the suit flat in which the parties did not share their residence since .....

Dennision Paulraj and ors. Vs. the Union of India (Uoi), Rep. by Secre ...

Court : Chennai

Reported in : (2009)6MLJ283

..... for all the reasons stated above, i am not inclined to hold that sections 12, 18, 19 and 23 of the protection of women from domestic violence act, 2005 (central act 43 of 2005) are unconstitutional, ultra vires and void and the writ petition is liable to be dismissed and accordingly, dismissed. ..... the main ground of attack on certain provisions of the protection of women from domestic violence act, 2005 are that under the said act, the husband cannot file any application, but only the wife can file ..... the petitioners have come forward with the present writ petition for a declaration declaring sections 12, 18, 19 and 23 of the protection of women from domestic violence act, 2005 (central act 43 of 2005) as unconstitutional, ultra vires and void.3. ..... sixth respondent having failed in her malicious attempt, with an ulterior motive to harass the petitioners, filed an application under sections 18, 19 and 23(2) of the protection of women from domestic violence act, 2005 (herein after referred to as the act) setting out false and frivolous particulars. ..... tune with article 15(3) of the constitution of india, the state has thought it fit to frame a special legislation for women and thus, the protection of women from domestic violence act, 2005 came into force.9. ..... united nations committee convention on elimination of all forms of discrimination against women (cedaw) has recommended that states should act to protect women against violence of any kind, especially that occurring within the family. .....

Anilkumar and ors. Vs. Sindhu and ors.

Court : Kerala

Reported in : 2009CriLJ3530; 2009(2)KLJ152

..... one sindhu, the first respondent herein under section 12 of the protection of women from domestic violence act, 2005 (herein under referred to as 'the act') claiming relief's under sections 18, 19, 20, 22 and 23 of the act. ..... said to be a judicial magistrate of the first class within the meaning of section 27 of the protection of women from domestic violence act, 2005?ii. ..... be, the metropolitan magistrate, exercising jurisdiction under the code of criminal procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place.the word 'magistrate' occurring in section 27 of the act will have to be thus read and understood in the light of the definition of the word 'magistrate' contained in clause (i) of section 2 of the ..... which is competent to grant protection orders and other orders under the act as also the forum to try the offences under the act, is, by virtue of section 27 of the act, the court of the judicial magistrate of the first class (jmfc) within whose territorial limits, any of the jurisdiction facts envisaged by section 27 of the act, are present. ..... person aggrieved permanent or temporarily resides or carriers on business or is employed; or(b) the respondent resides or carriers on business or is employed; or(c) the cause of action has arisen shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. .....

Vijay Singh and ors. Vs. State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2009(2)WLN160

..... it is contended by learned counsel for the petitioners that firstly as per section 2 (q) of the protection of women from domestic violence act, 2005 (for short 'the act of 2005 hereinafter), the female petitioners cannot be made respondent in a proceeding initiated by respondent no. ..... the expression 'respondent' has been defined in section 2 (q) of the act of 2005 which provides that the 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 partner.5 ..... 5 ratan kanwar are concerned, they being female members, therefore, keeping in view the definition of respondent in section 2 (q) of the act of 2005, the proceeding against them may be quashed, but so far as the petitioners no. ..... 2 under the act of 2005 at bheem is not maintainable.4 ..... priyanka kanwar under the provisions of the act of 2005 is quashed. ..... be, within the local limits of which-(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or(b) the respondent resides or carries on business or is employed; or(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. ..... kanwar under the act of 2005. .....

Smt. Leelavathi S. W/O M. Bhaskar Vs. Shri Murgesh S/O Dharmalingam,

Court : Karnataka

..... in support of the revision, the learned counsel submits that the learned magistrate has followed his own procedure to conduct the enquiry which is permissible under sub section 2 of section 28 of the protection of women from domestic violence act, 2005, he drew my attention to the said provision, which reads thus:(2) nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.10. ..... conspectus of provisions of protection of women from domestic violence act, 2005 make it abundantly clear that the aggrieved person has right to apply invoking section 12 of the act for benefits. ..... it is further alleged that since he neglected and committed all acts which constitute domestic violence, the petition invoking section 12 of the act was submitted which was investigated by a competent officer. ..... the course of enquiry, the petitioner was successful in establishing the matrimonial relationship and the act of domestic violence committed by the respondents. ..... , the learned magistrate has also directed the respondent to provide separate residence for petitioner and her daughter and restrained respondents from indulging in further domestic violence.8. ..... third respondent at the instigation of and in connivance of other respondents indulged in and committed the acts, which constitute domestic violence. ..... allegations made in the petition about the domestic violence are undoubtedly subject to proof. .....