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. .....
Tag this Judgment!Court : Delhi
..... 1.the present petition has been filed by the petitioners, who are father-in-law and mother-in-law, for quashing a complaint under section 12 of protection of women from domestic violence act, 2005 qua them, made by respondent no.2. ..... petitioner no.1 was heart patient and petitioner no.2 was suffering from eye sight problem and they had been unnecessary made parties to the application under domestic violence act and therefore application qua them should be quashed.2. ..... i, therefore consider that the learned mm where the application is pending shall consider all facts and decide the existence of domestic relationship between the parties and the orders under the act should be passed only after considering whether any domestic relationship existed between the petitioner and the respondent. ..... it is the duty of metropolitan magistrate, where the application has been made, to ensure whether a domestic relationship existed between the applicant and the petitioners in view of judgment of this court in criminal m.c.no. ..... she was not having harmonial relations with her husband and was living separate from her husband for the last 10 years in the same house at first floor. ..... there was no domestic relationship or shared household between petitioners and respondent no.2. .....
Tag this Judgment!Court : Delhi
..... petitioner filed an application under section 12 of the protection of women from domestic violence act, 2005 (in short the act) and along with it she filed an application under section 29 of the act seeking maintenance. ..... it must be understood that the protection of women from domestic violence act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved ..... /2010 page 2 of 3 already granted, she will have to move the same court and she cannot approach mm under the protection of women from domestic violence act by way of an application of interim or final nature to grant additional maintenance. ..... learned court of mm observed that petitioner was living separate from her husband since 3rd january, 1996. ..... had filed a civil suit under hindu adoption and maintenance act and an application under section 125 cr.p.c. ..... the court of mm under the act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under civil court or under ..... if a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in civil suit or by court of mm in an application under section 125 ..... /2010 page 1 of 3 she was getting a total maintenance of ` 4000/- per month from the respondent. ..... does not have a right to claim additional maintenance under the act. .....
Tag this Judgment!Court : Karnataka
1. petitioner has called in question the proceedings in crl.misc.no.84/2008 on the file of j.m.f.c., somwarpet,2. the domestic violence report is filed before the learned magistrate interalia alleging violence against the complainant. in pursuance of the said report and the complaint, the learned magistrate had initiated the proceedings. at this stage, this petition has been filed.3. learned counsel for the petitioner submits that, there is no allegation of any violence alleged in the complaint and as such, the proceedings are vitiated.4. the domestic violence is reported in the prescribed form, prima facte, tisfg* discloses the alleged violence. even if any details are shortcoming, it is open to the petitioner to raise objections before the learned magistrate and learned magistrate would consider the objections at the appropriate stage.accordingly, the petition fails and same is dismissed.
Tag this Judgment!Court : Delhi
..... judgment dated 3rd november 2009 passed by learned additional sessions judge, delhi dismissing the revision petition of the petitioner against an order passed by learned magistrate taking cognizance of a complaint under section 12 of the protection of women from domestic violence act, 2005 (in short, "the act").2. ..... jurisdiction by the magistrate in such cases would be contrary to the act as the act envisages help from police of the local area where domestic violence had taken place and it envisages visit by the protection officer to the share household and to the place of incident. ..... that a magistrate, after hearing the aggrieved person and the respondent, on being prima facie satisfied about domestic violence having taken place, may pass a protection order in favour of the aggrieved person and prohibit the respondent from committing certain acts as given in this section. ..... from different provisions of this act, it is apparent that the scheme of the act provides that protection officer, service provider and police to help the aggrieved person in not only approaching the court for redressal but to ensure that the domestic violence is not further perpetuated and an aggrieved person gets shelter either in the shelter home or after the residence order in ..... also find it difficult to serve respondent if she moves far away from the place of domestic violence and the magistrate may find it difficult to ask the protection officer and other service providers of far off places to help.9. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... facts giving rise to this petition are that the respondent herein, being husband of the applicant, on arising some matrimonial dispute between them, filed the aforesaid civil suit under section 13(1)(ia)(ib) of the hindu marriage act, 1955 for decree of divorce in the family court, sagar, while at the instance of the applicant, a criminal case under section 12 of the protection of women from domestic violance act, is pending in the court of jmfc bhopal. ..... if on the above or other relevant considerations, the court feels that the plaintiff or the defendant is not likely to have a `fair trial' in the court from which he seeks to transfer a case, it is not only the power but the duty of the court to make such order. ..... , by allowing this petition, the above mentioned civil suit no.61-a/09 pending in the family court, sagar is hereby ordered to be transferred from such court to the family court bhopal for its further trial and adjudication. ..... also argued that he is paying the interim alimony and the expenses of the litigation as directed by the trial court, therefore, there is no necessity to transfer the case from sagar to any other court of bhopal and prayed for dismissal of this petition.6. ..... this petition is preferred by the applicant/wife under section 24 of the cpc for transferring the civil original suit no.61-a/09 filed by the respondent/husband under section 13(1)(ia)(ib) of the hindu marriage act, 1955 in the family court sagar, from such court to the competent court at bhopal. .....
Tag this Judgment!Court : Delhi
..... copy of the petition filed before the trial court under the protection of women from domestic violence act, 2005 records details of the property owned by the petitioner. ..... passed by the learned additional session judge dismissing the appeal filed by the petitioner and upholding the order dated 19th november, 2009 passed by the learned metropolitan magistrate granting interim maintenance under the protection of woman from domestic violence act, 2005. ..... the respondent however claims that the said apartment was purchased from her money. .....
Tag this Judgment!Court : Delhi
..... razia begum widow of the deceased abdul rauf and other has been filed by her father-in-law, brothers-in-law and others who were made respondents in the application under section 22 of protection of women from domestic violence act, 2005 (in short domestic violence act) by razia begum. 1). ..... it has to be noticed that although domestic violence act is not a penal law but it is a peculiar act where non-compliance of the order passed under the act has been made as an offence under section 31 of the act and an fir can be registered against the person who does not comply with the order and this offence is triable by the same magistrate who passed the interim order for protection or maintenance. ..... . it is expected from the trial court that before passing an order under domestic violence act, it must be satisfied that there existed a domestic relationship between the petitioner and the respondent ..... . the trial court and the sessions judge passed interim orders without satisfying themselves of basic requirement of domestic violence act that the order can be passed only against the 'respondents' who had been in 'domestic relationship' with the 'aggrieved person' ..... the order of learned mm passed under section 22 of domestic violence act shows that the order was passed against five male respondents and all woman respondents seem to have been dropped. ..... in her application under domestic violence act, razia begum had made 11 respondents and she specified her relations with respondents as under:2). .....
Tag this Judgment!Court : Delhi
..... razia begum widow of the deceased abdul rauf and other has been filed by her father-in-law, brothers-in-law and others who were made respondents in the application under section 22 of protection of women from domestic violence act, 2005 (in short domestic violence act) by razia begum. 1). ..... it has to be noticed that although domestic violence act is not a penal law but it is a peculiar act where non-compliance of the order passed under the act has been made as an offence under section 31 of the act and an fir can be registered against the person who does not comply with the order and this offence is triable by the same magistrate who passed the interim order for protection or maintenance. ..... . it is expected from the trial court that before passing an order under domestic violence act, it must be satisfied that there existed a domestic relationship between the petitioner and the respondent ..... . the trial court and the sessions judge passed interim orders without satisfying themselves of basic requirement of domestic violence act that the order can be passed only against the 'respondents' who had been in 'domestic relationship' with the 'aggrieved person' ..... the order of learned mm passed under section 22 of domestic violence act shows that the order was passed against five male respondents and all woman respondents seem to have been dropped. ..... in her application under domestic violence act, razia begum had made 11 respondents and she specified her relations with respondents as under:2). .....
Tag this Judgment!Court : Supreme Court of India
..... the larger bench may consider also the provisions of the protection of women from domestic violence act, 2005. ..... to the provisions of domestic violence act, 2005?3. ..... relationships in the nature of marriage within the definition of `domestic relationship' under section 2(f) of the act.42.therefore, women in live-in relationships are also entitled to all the reliefs given in the said ..... the power to award compensation to the aggrieved person, in addition to other reliefs granted under the act.40.in terms of section 26 of the act, these reliefs mentioned above can be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent.41.most significantly, the act gives a very wide interpretation to the term `domestic relationship' as to take it outside the confines of a marital relationship, and even includes live-in ..... to us that the same view is confirmed by section 26 of the said act of 2005.44.we believe that in light of the constant change in social attitudes and values, which have been incorporated into the forward-looking act of 2005, the same needs to be considered with respect to section 125 of cr.p.c. .....
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