Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: old Page 8 of about 1,783 results (0.097 seconds)

Varsha Kapoor Vs Uoi and ors.

Court : Delhi

..... the respondent no.4 has instituted proceedings in the court of metropolitan magistrate (mahila court south), new delhi under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act). ..... it is, therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution of india to provide for a remedy under civil law, which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society."8. ..... since invoking criminal machinery under section 498a ipc has serious ramifications, need was felt to have civil law on domestic violence inasmuch as there was no law enabling the court to give protection order to give monetary relief in case women go to court complaining violence. ..... the 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. ..... xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occurring within the family. .....

S. Vishwanathan S/O Shankaran Vs. Smt. Pushpa and State of Uttarakhand

Court : Uttaranchal

..... revisionist and after going through the impugned order, this court finds that the magistrate has erred in law in passing the ex-parte order without getting notices served on the revisionist as required under section 13 protection of women from domestic violence act, 2005, read with rule 12 of rule framed under the act. ..... 1 (wife) pushpa for herself and her daughter, under the protection of women from domestic violence act, 2005. ..... 06 of 2010 filed under protection of women from domestic violence act, 2005.3. .....

Ashish Bhowmik and anr. Vs. Tapasi Bhowmik and anr.

Court : Kolkata

..... on the other hand, the wife has no independent source of income and so she has prayed for protection in accordance with the provisions of the sections 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005. ..... upon consideration of the materials placed before her along with the report of the protection officer, the learned chief judicial magistrate directed the petitioners to provide residential accommodation to the wife and her daughter in their shared house. ..... the learned chief judicial magistrate directed the protection officer to submit a report on the basis of the allegation made by the wife and the protection officer held an enquiry and thereafter he submitted a report. ..... as regards other claims, those are to be decided separately and one litigation is pending as i find from the materials available.5. ..... 15,000/- per month from her properties. .....

Sikakollu Chandramohan and Others. Vs. Sikakollu Saraswathi Devi and A ...

Court : Andhra Pradesh

..... or the other daughters.3.having regard to date of separate living of the 1st respondent since may, 2006, it is contended by the senior counsel for the petitioners that since cause of action took place prior to the protection of women from domestic violence act, 2005 (in short, the act) coming into force, d.v.c.no.17 of 2007 does not lie and that the act is prospective in its operation and not retrospective in operation. ..... explanation ii:- for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into ..... 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 injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse ..... that view of the matter, it cannot be said that the mother/1st respondent has no cause of action to maintain domestic violence case against the petitioners after the act coming into force. ..... 3 of the act defines domestic violence as follows: ..... the evidence of p.w.1 in her cross-examination cannot have any bearing in determining existence of domestic violence in this case as per law and as per definition contained under section3 of the act. .....

Mohd. Akber Yaseen and Others Vs. Smt. Rizwana Sulthana and Others

Court : Andhra Pradesh

..... to 4 in d.v.c.no.1 of 2010 on the file of vii additional chief metropolitan magistrate court, hyderabad, which was filed by the respondent nos.1 to 5 herein, under the protection of women from domestic violence act, 2005 (in short, 'the act'), for certain reliefs. ..... unless the case is filed alleging offences under sections 31 and 33 of the act, the entire proceedings in a domestic violence case are purely civil in nature, but entertained by criminal courts applying procedure enunciated under the code of criminal procedure, ..... but, in the case of domestic violence cases filed for releifs under sections 18 to 23 of the act, there is no element of criminality involved, much less the domestic violence case is a criminal case as ..... notices to the respondents in a domestic violence case, in my considered opinion, is not a judicial act but is only a ministerial act performed by the magistrate. ..... for a moment for the sake of argument that issuing of notice in a domestic violence case amounts to an order passed by the magistrate and further a judicial order passed by the magistrate, even then the revision petition under section 397 is not maintainable, because any order passed by the magistrate is appellable under section 29 of the act. ..... therefore, while issuing notice in domestic violence case filed by respondent nos.1 to 5, the magistrate is not expected to apply or exercise his/her mind before issuing notices to the ..... no summonses are issued in a domestic violence case, but only notices are .....

Valisetti Chandra RekhA.; Kota Satyanarayana Rao. Vs. Kota Kamala Devi ...

Court : Andhra Pradesh

..... petitioners, who are respondent nos.3 and 5 in the domestic violence case no.25 of 2007 on the file of vi additional munsif magistrate, guntur for the offences punishable under sections 18, 19 and 20 of the protection of women from domestic violence act, 2005 (for brevity, "the act"), filed this petition to quash the proceedings initiated against them ..... since the resident orders can be passed against all the respondents, preventing them from interfering with the possession of the aggrieved person in the domestic violence case, mere impleadment of the petitioners in the in the domestic violence case, does not give raise to a criminal offence to quash the proceedings at the initial ..... only on violating the protection orders passed under section 18 of the act and residence orders under section 19 of the act, the magistrate can proceed under section 31 of the act and can summon the violators to show cause why penalty for breach of the protection should not be imposed on ..... view of the same, issuing of summons and non-bailable warrants for their presence, is not at all warranted, at the stage of passing of the protection orders or residence orders by the concerned magistrate. ..... issuing such non-bailable warrants on the presumption that they have committed the offence under the act, the petitioners approached this court for quashment of the proceedings. ..... further as per section 32 of the act, the offence under sub-section (1) of section 31 of the act shall be a cognisable and non-bailable .....

Sri. Dr.T.V.Sreenivas S/O T.Venkatanarasaiah Aged 56 Years, Vs. Smt.S. ...

Court : Karnataka

..... she has filed a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act") interalia alleging the domestic violence and seeking relief of monetary benefit, protection and other reliefs.3.the learned magistrate considering the nature of allegation in the application has ordered issue of summons and has also passed the order for monetary benefit to ..... to submission of the report by the protection officer, in case if he has received any complaint from any person about the domestic violence suffered by a woman. ..... that, magistrate court has no jurisdiction, as the respondent wife has shown her address at mysore only in the cause title, but has not explained as to whether she is residing at mysore or not.5.section 12 of the act confers power on the aggrieved party or protection officer or any person to initiate proceedings under section 12 of the act. ..... requirement for the aggrieved party to file a report of the protection officer along with application under section 12 of the act. ..... and 6 relates to the submission of report by the protection officer and not by the aggrieved party.6.section 12 enables any person or aggrieved person or protection officer. ..... he further submitted that, the proceedings under section 12 of the act is nothing but abuse of process of the court and submitted that, earlier the respondent had filed a petition for jurisdictional suppression on the same allegation and subsequently she has also filed an .....

Pradyumna S. Harish Vs. the State by Jayanagar Police Station and Anot ...

Court : Karnataka

Reported in : ILR2010KAR4217.

..... bangalore, under the provisions of protection of women from domestic violence act, 2005 find in the said complaint, a specific allegation as regard to this accused indulged in sexual acts with the complainant was alleged and on the basis of the said allegation, the case was conducted and by order dated 15.4.2010, the miscellaneous proceedings came to ..... case, there is no dispute that, the earlier proceedings were initialed under the provisions of the protection of women from domestic violence act" and not for any of the offences under the provisions of i.p.c. ..... submitted that, the petitioner was tried under the provisions of section 12 of the protection of women from domestic violence act (in shol referred to as 'act') in c.misc.no. ..... regard, it is useful to refer to the provisions of the act section 18 of the said act confers power on the magistrate to pass the protection order against the domestic violence. ..... such allegation may amount to domestic violence, but the said proceedings cannot be termed as trial of ..... the allegation of domestic violence alleged is one and the same, which is now alleged in the complaint, hence, question of one more trial on the said allegation for different offences ..... admittedly, the proceedings are not initiated for any punishment for the offence alleged in the complaint, but it was only for protection and adjudication of the rights of the complainant and the proceedings are entirely distinct and separate, nothing to do with the offence to be tried, which is .....

Sanjay Bhardwaj and ors.Vs. the State and anr.

Court : Delhi

..... 1.the present petition under section 482 cr.p.c.assails an order of interim maintenance under the protection of women from domestic violence act, 2005 (in short domestic violence act) passed by the learned mm on 16th january, 2008 and confirmed by the learned additional sessions judge in appeal by order dated 29th february, ..... he had no source of income, he was not even able to maintain himself and had incurred loan, but observed that since the petitioner had earlier worked abroad as sales manager and in view of the provisions of domestic violence act, he had the responsibility to maintain the wife and monetary relief was necessarily to be provided to the aggrieved person i.e. ..... thus, maintenance can be fixed by the court under domestic violence act only as per prevalent law regarding providing of maintenance by husband to the ..... a perusal of domestic violence act shows that domestic violence act does not create any additional right in favour of wife ..... marriage did not succeed, the husband/petitioner filed a petition under section 12 of hindu marriage act for declaring the marriage as null and void and the wife first filed an fir against the husband under section 498a/406 ipc and then filed an application under section 12 of domestic violence act.3. ..... seized, he was not permitted to leave country, (the bail was given with a condition that he shall keep visiting investigating officer as and when called) is contrary to law and not warranted under provisions of domestic violence act.5. .....

Varun Malik Vs Payal Malik

Court : Delhi

..... thereafter, wife filed a complaint in the court of mm at delhi making her husband (nagesh malik), father-in-law (harbans lal malik), mother-in-law (neelam malik) and brother-in-law (varun malik) as parties under section 12 of protection of women from domestic violence act, 2005 [in short domestic violence act] with a prayer that court should pass a protection order under section 18, residence order under section 19, monetary relief order under section 20, compensation order under section 22 and interim orders under section 23 of the act. ..... the definition of "domestic violence" as given in section 3 of the protection of women from domestic violence act, 2005 and is under:3. d e f i n i t i o n o f d o m e s t i c v i o l e n c e . ..... i also consider that issue of assuming jurisdiction on the basis of temporary residence may have no force today when statutory provisions in india allow assumption of jurisdiction on the basis of a temporary residence [section 27(1)(a) of protection of women from domestic violence act, 2005].28. ..... the trial court after discussing the objects and aims of the protection of women against domestic violence act, 2005 and after reproducing a quote from novelist joseph conrad "being a woman is a terribly difficult task, since it consists principally in dealing with men" [as if men, though given birth by women, are ferocious animals and not human beings, but cannibals] passed an order for grant of maintenance.7. .....