Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Page 7 of about 1,783 results (0.118 seconds)

Vijayalekshmi Amma Vs. Bindu

Court : Kerala

Reported in : 2010(1)KLT79

..... adduced clearly or manifestly fails to prove the charge.the question whether the extraordinary inherent powers under section 482 of code of criminal procedure is to be exercised by the court to quash a proceeding initiated under the protection of women from domestic violence act, 2005 is to be considered in the background of the settled legal position. ..... the file of judicial first class magistrate court-ii, thiruvananthapuram, a petition filed under section 12 of protection of women from domestic violence act, 2005, (hereinafter referred to as the act,) is the petitioner. ..... clear that the act was enacted to provide 'a remedy under civil law' to protect the woman from being victims of domestic violence and to prevent occurrence of domestic violence in the society ..... the statement of objects and reasons of the act reads: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. ..... 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 committing any acts as provided under clause (a) to clause (g). .....

R. Ramu Vs. Smt. Leelavathi

Court : Karnataka

Reported in : 2010(1)KarLJ376

..... the matter arises under the protection of women from domestic violence act, 2005. ..... in view of the physical violence and mental violence she is taking treatment at a private nursing home and the husband has refused to pay the bills. ..... she would further allege that the husband has taken away the gold ornaments, two wheelers and cash which was realised from the sale of a site on 24-5-2006.3. ..... 20,000/- per month and compensation under section 22 of the act and for such other reliefs.2. ..... another contention is that she is getting enough rents from the buildings.5. .....

Jacob Kuruvila Vs. Merly Jacob

Court : Kerala

Reported in : 2010(1)KLT503

..... counsel further submits that the liability to pay maintenance is recognised by law in section 125 cr.p.c as also in the provisions of protection of women from domestic violence act, 2005. ..... that a defaulter may be compelled to make such payments under threat of coercive processes leading to deprivation of liberty under the provisions of the code of criminal procedure or under the domestic violence act cannot definitely be reckoned as an implied bar under section 9 of the code of civil procedure.23. ..... to maintenance of the wife is not created by the code of criminal procedure or under the domestic violence act. ..... the learned counsel contends that the parties are from travancore and the principles of common law are not applicable ..... the learned counsel further contends that section 7 of the divorce act, which now stands repealed, was available when the full bench delivered the judgment in cheria ..... husband is an income tax assessee as is revealed from exts.p6 and p7 returns/acknowledgments produced by him. ..... initiated by the wife and minor child, aged 28 years and 7 years respectively on the date of the application, claiming return of money, ornaments and maintenance from their husband/father and his father. ..... declared that a christian wife is entitled for maintenance from her husband is founded well on the principles of justice, equity and good conscience and in any view of the matter the former citizens of the erstwhile kingdom of travancore cannot claim exemption from that principle. .....

Dr. Preceline George Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT454

..... what is the procedure to be adopted by a magistrate while dealing with an application filed under section 12 of the protection of women from domestic violence act, 2005? ..... as is clear from the statement of objects and reasons, the protection of women from domestic violence act is enacted to provide for a remedy under the civil law, which is intended to protect the women from being the victims of domestic violence and to prevent the occurrence of domestic violence in the society. ..... ext.p2 ex parte order was passed under section 23(2) of the protection of women from domestic violence act (hereinafter referred to as the act) without notice to the petitioner directing him not to enter into the compound of the house of the parents of the second respondent wife and also directing him to pay rs. ..... sub-section (2) reads:(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 respondent.rule 12 of the protection of women from domestic violence rules, 2006 provides means of service of notices. .....

Sri Maran Nama Vs. State of Tripura

Court : Guwahati

Reported in : 2010CriLJ1594

..... in the series is the enactment of the protection of women from domestic violence act, 2005 to protect and curb widely prevalent offences of domestic violence. ..... surveys conducted in india and the other countries show that more than 2/3rd women are subjected to domestic violence. ..... my considered opinion, the thought provocating observations made by the apex court in regard to an offence of sexual assault would be applicable with equal force for an offence of physical assault and domestic violence upon a woman. ..... case in hand, the prosecutrix was subjected to extreme form of domestic violence. ..... the rules of law and with an avowed intention to provide an atmosphere where the citizens can lead a dignified life and to protect them from any kind of discrimination, more particularly gender based discrimination, the indian penal code is being amended time to time. ..... 1983 can be said to be the beginning of a new era to protect weak and docile married women, who were subjected to cruelty and harassment by their husbands and relatives. ..... 1998 sc 1406 : 1998 cri lj 1905, the hon'ble supreme court has held that admission of guilt by an accused person is admissible evidence within the purview of section 21 of the evidence act and the said authority has been relied upon by this high court in the case of state of arunachal pradesh v. t. ..... my opinion, these provisions must have been introduced so that offenders of crime against women may not escape the rigour of law due to loose knots in the prosecution case .....

Mrs. Savita Bhanot Vs. Lt. Col. V.D. Bhanot

Court : Delhi

Reported in : (2010)158PLR1

..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman who despite ..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected.18. ..... ' andhra pradesh high court noticing that domestic incidents did not disclose acts of violence reported by the complainant after 26th october, 2006, when the act came into force, quashed the proceedings under the protection of women from domestic violence act, 2005.in 'shyamlal and ors. v. .....

Mrs. Sabah Adnan Sami Khan Vs. Adnan Sami Khan

Court : Mumbai

Reported in : 2010(112)BomLR1409

..... filed by the appellant-wife for divorce and her miscellaneous application under the provisions of the protection of women from domestic violence act, 2005 (for short, 'the domestic violence act') were tenable before the family court?2. ..... shall not proceed with the trial or hearing of the application under the domestic violence act for a period of six weeks from today. ..... shall endeavour to dispose of the petition expeditiously.insofar as the application under the provisions of the domestic violence act is concerned, liberty to the appellant to move the family court for interim order. ..... the respondent filed reply to the said application under the domestic violence act so also her written statement in which, for the first time, he brought out an issue that the appellant did not perform halala formalities before the second marriage and hence ..... the provisions of the domestic violence act before the family court are ..... under the domestic violence act. ..... the respondent filed a reply to her application under the domestic violence act. ..... on account of matrimonial discord, filed a complaint in the metropolitan magistrate court at andheri, (railway court), in february, 2009 under the provisions of the domestic violence act. ..... in the hands of the pre islamic arabs, who could keep their wives in a species of perpetual bondage, pretending to take them back after repeated divorcees, merely for the purpose of preventing the wives from re-marrying and from seeking the then much needed protection of a husband. .....

Master Anant Narayan Rai and anr. Vs. Mr. Siddharth Rai and anr.

Court : Delhi

..... the plaintiffs under sections 18, 20 and 23 of the protection of women from domestic violence act, 2005 read with section 151 cpc seeking to direct the defendant no ..... 20 and 23 of protection of women from domestic violence act, 2005 and ia no. ..... she laid emphasis on well settled law that the wife under protection of women from domestic violence act not only requires to be maintained but also requires a ..... the domestic violence act, 2005 can ..... section 20 of the domestic violence act empowers the court to pass an order for grant of monetary relief to the aggrieved party, which may file civil and criminal cases by combining reliefs, to be paid by the defendant ..... jata shankar (fb) : air 1969 allahabad 526 that when the principal relief in the suit relates to hindu law of succession and not delhi land reforms act, the suit could be taken cognizance of by the civil court and the ancillary reliefs which could be granted by the revenue court may also be ..... for non joinder of parties as the hindu succession (amending act) of 2005 is not applicable with retrospective effect. ..... the amending act of 2005 of hindu succession act is not ..... the various provisions of the said act, this court is of the view that there is nothing bars this court from allowing the nature of prayer made ..... 1, his relatives, servants, agents and/or anyone else acting on his behalf from selling, transferring, alienating, mortgaging and/or creating third party rights and/or parting with possession of the properties detailed in schedule .....

Kishor S/O Shrirampant Kale Vs. Sou. Shalini W/O Kishor Kale,

Court : Mumbai

Reported in : 2010(112)BomLR1398

order(i) rule is, therefore, made absolute and it is held that misc. criminal complaint case no. 314/2007 before the judicial magistrate first class, court no. 5, amravati under section 12 r/w sections 19 and 20 of the protection of women from domestic violence act, 2005 is not maintainable and is thus quashed and consequently, all the orders passed in the said complaint by the courts below are quashed.no order as to costs.

Sau. Manda R. Thaore W/O Sh. Ramaji Ghanshyam Thaore Vs. Sh. Ramaji Gh ...

Court : Mumbai

order(i) criminal revision application no. 317/2006 is dismissed.(ii) respondent is directed to pay costs of rs. 15,000/- (rupees fifteen thousand only) to the applicant - manda within a period of four weeks from today, failing which the same shall be recovered by the family court by adopting procedure for recovery of fines.