Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Page 6 of about 1,783 results (0.123 seconds)

Sonia Mann Vs. State and anr.

Court : Delhi

Reported in : 160(2009)DLT385

..... sonia mann filed a complaint under the protection of women from domestic violence act, 2005 ('pwdva') which was numbered as cc no. ..... 1 still feels duty bound to protect the petitioner/application from anybody else subject to his limits. ..... ' it was added that gaurav mann 'is duty bound to protect and to provide a good environment to the child for her proper upbringing and to the petitioner/application being the mother of the child. ..... in the reply of the remaining respondents it was stated that they were 40 to 60 km, away from the place where sonia mann was living and therefore they were not concerned in any way with the disputes concerning sonia mann, her husband and her in-laws.12. ..... she prayed for the passing of a protection order under section 18, a residence order under section 19, monetary relief under section 20 and compensation for damages under section 22 of the pwdva. ..... the respondents have admitted her claim to the shared household and therefore, the respondents are restrained from obstructing the entry or exit of the petitioner from the portion of the shared household wherein she resides. ..... therefore there was no justification in restraining gaurav mann, ishwar singh and barfo rani and the other respondents in the complaint case from alienating or disposing of the remaining portion of the property in question. ..... it is made clear that within a period of three weeks from today and in any event not later than 15th june 2009 the aforementioned portion will be clearly demarcated. .....

Afzalunnisa Begum W/O. Late Mohd. Abdul Salam Vs. the State of A.P. Re ...

Court : Andhra Pradesh

Reported in : 2009CriLJ4191

..... , is whether 'respondent' as defined under section 2(q) includes a female person or not under the protection of women from domestic violence act, 2005 (for short 'the act').2. ..... 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.19 residence orders. ..... 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) 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 any other place frequented by the ..... it is, therefore, proposed to enact a law 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.4. .....

Nayanakumar Vs. the State of Karnataka and anr.

Court : Karnataka

Reported in : ILR2009KAR4295

..... long deliberation, in bringing the parties to arrive at a compromise, the district legal services authority thought it fit to refer the matter back to the jurisdictional magistrate for doing the needful in accordance with the protection of women from domestic violence act, 2005 (for short act 2005). ..... contents of the petition, it is better to refer the matter to the jurisdiction magistrate to take further information from the petitioner/gouri and to do needful in accordance with protection of women from domestic violence act 2005.sd/- 28.3.2008conciliatorssd/-s.s. ..... -section (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:xxxxx(3) xxxxx(4) xxxxx(5)xxxxx11. ..... reference was also made to the definition of the domestic incident report as found in section 2(e) of the act, 2005 and also rule 5 of the rules framed under the act to submit that the domestic incident report shall have to be in form ..... aggrieved 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 service provider .....

Archana Hemant Naik Vs. Urmilaben I. Naik and anr.

Court : Mumbai

Reported in : 2010CriLJ751

..... the revision applicant is an applicant in an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... the said reliefs are as under:(a) protection order under section 18 for prohibiting acts of domestic violence. ..... - (1) while disposing of an application under sub section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order - (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives ..... under section 2 of the said act, 'domestic violence' has been defined by clause (g) which provides that 'domestic violence' has the same meaning assigned under section 3.section 3 reads thus:3. ..... definition of domestic violence-for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it(a) harms or injuries or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic .....

Sunil @ Sonu Vs. Sarita Chawla (Smt.)

Court : Madhya Pradesh

Reported in : 2009(5)MPHT319

..... short facts of the case are that the respondent filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (no. ..... 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.learned counsel submits that similarly the word protection order has been defined under sub-section (o) of section 2 as under:(o) 'protection order' means an order made in terms of section 18.learned counsel submits that since no protection order has been passed by the learned court below, whereby the petitioners have been prohibited from committing any act of domestic violence, therefore, prosecution ..... in sub-section (q) of section 2 of the act, which reads as under:(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.learned counsel submits that the protection order can be passed under section 18 of the act, which empowers a magistrate to pass a protection order in favour of the aggrieved person and prohibit the respondent for committing any act of domestic violence. ..... section 18 of the act empowers the court for passing a protection order against a respondent, who commits any act of domestic violence. ..... in the complaint it was prayed that petition filed by the respondent be allowed and the petitioners be restrained from causing domestic violence. .....

Kavita Gambhir Vs. Hari Chand Gambhir and anr.

Court : Delhi

Reported in : 162(2009)DLT459

..... provisions of the protection of women from domestic violence act, 2005 could not be invoked in the present proceedings since no such case was pleaded by the appellant in her written statement and nor could she have done that since at the time she had filed her written statement this act had not even ..... that the appellant's occupation of the property in her possession was protected even under the protection of women from domestic violence act, 2005. 9. ..... be done only if there was necessary foundation laid in the written statement by alleging facts therein which, according to her, entitled her to get some benefit available under the said act of 2005 but she's did not lay any foundation in her written statement by seeking necessary amendment in the written statement and so she cannot be allowed to make any submissions based on the provisions of ..... the period prior to the institution of the suit or directing an inquiry as to such rent; (ba) for the mesne profits or directing an inquiry as to such mesne profits; (c) directing an inquiry as to rent or mesne profits from the institution of the suit until, - (i) the delivery of possession to the decree-holder, (ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the court, or (iii) the expiration of ..... wife cannot claim any right of occupation in the property owned by her in-laws as a 'shared household' as defined in section 2(s) of this act of 2005 entitling her to live there as a matter of right. 10. .....

Master Ryan Thru Its Mother Mrs. Ridhima Juneja Vs. P.N. Juneja and So ...

Court : Delhi

Reported in : 163(2009)DLT14

..... filed a complaint under the protection of women from domestic violence act, 2005 (the 2005 act) before the ld. ..... the appellate court concurred with the trial court's findings about instances of domestic violence:keeping in view all these facts i fully agree with the opinion of the ..... trial court that there are instances of domestic violence and therefore, the respondent is entitled for a compensation of ..... court next considers whether the plaintiffs, in the overall circumstances of the case, would be equitably entitled to continue in the premises, in view of the materials on record, particularly the undisturbed findings regarding domestic violence against ridhima. ..... is stated that allegedly on 31.08.2007, deven had also made a query under the right to information act, 2005 and even there he had quoted the address of the premises. ..... has also received copy of summons dated, 02.01.2008, 13.08.2007 and 03.09.2007 sent to ridhima from the delhi legal services authority, pursuant to his application for legal aid/ advice, at the premises ..... 12605/2007, the plaintiffs sought interim orders to injunct the defendants from dispossessing them (plaintiffs) from ridhima's matrimonial home, of which they claim to be in constructive possession since allegedly all their clothes, ridhima's stridhan, dowry articles, personal belongings, car, ..... 50,000/-from the appellant under section 20 and 22 of the act.the matter was remitted, after which the magistrate again denied the order enabling her to enter the .....

Rajaram Panwari and ors. Vs. Dr. Asha Panwari (Smt.) and ors.

Court : Madhya Pradesh

Reported in : 2010(1)MPHT383

..... 1 before the learned court below under the provisions of protection of women from domestic violence act, 2005, which shall be referred hereinafter as 'act', wherein various allegations were made against the petitioners. ..... 1336/2007, where the interim application filed by the respondents under section 12 of the protection of women from domestic violence act was allowed and the interim directions issued by learned trial court were further modified, present petition has been filed.2. ..... the protection of women from domestic violence act has come in force w.e.f. ..... 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 respondents, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection.12. ..... thus, section 18 of the act empowers the court to pass a protection order in favour of aggrieved person and prohibits 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 any other place frequented by the aggrieved person;(e) alienating any assets; operating bank lockers or bank accounts used or held or .....

Dilip Bhattacharjee @ Raghu Bhattacharjee Son of Late Naresh Bhattacha ...

Court : Patna

..... they led complaints before learned subdivisional judicial magistrate, katihar under the provisions of section 12 of the protection of women from domestic violence act, 2005. ..... further, on reading of section 23 of the act, it is clear that the interim power has been given for an interim protection from domestic violence. ..... the said complaints having been filed alleging 'domestic violence', as such, application for interim relief as provided under section 23 of the said act were filed for grant of ad interim maintenance. ..... in my view, prima facie there are great doubts whether such a complaint, which is nothing but virtually a partition suit, would at all constitute domestic violence within the meaning of act. ..... all appears to be an ingenuous drafting and jugglery of words virtually resulting in a partition suit being decided in a domestic violation case which, on the face of it, would be arbitrary and on strength thereof conferring power to decide maintenance aspects in this jurisdiction would clearly be beyond jurisdiction. ..... 10,000/- to each per month and that too retrospectively from 2006, the date of enforcement of the said act which was 26.10.2006 even though the complaint itself was filed in 2008 and an application for interim relief filed subsequently. ..... petitioner has challenged such an order, inter alia, on the ground that the power to grant interim relief as envisaged under section 23 of the said act does not contemplate of such a maintenance order.2. .....

Tehmina Qureshi Vs. Shazia Qureshi

Court : Madhya Pradesh

Reported in : 2010(1)MPHT133

..... nutshell giving rise to this petition are that respondent has filed one application under section 12 of protection of women from domestic violence act, 2005 (in brevity 'the act of 2005') against petitioner and others in the court of jmfc, gwalior. ..... it is well known that protection of women from domestic violence act, 2005 came into force from 26th october, 2006, vide ..... cannot be made respondents in proceedings under the protection of women from domestic violence act, 2005.8. ..... opposed the application and submitted that while disposing of the application under sub-section (1) of section 12 of the act of 2005, magistrate may on being satisfied that domestic violence has taken place, pass a residence orders vide section 19 of the act:(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing ..... the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the .....