Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Court: andhra pradesh Page 2 of about 37 results (0.124 seconds)

Nagamuthula Kondaiah Vs. State of A.P., Rep. by P.P. and Another.

Court : Andhra Pradesh

..... the complainant filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short 'the act') against the petitioners herein to pass protection orders, residence order, maintenance order, custody order and to pay monetary relief compensation order and any other reasonable ..... filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short 'the act') against the petitioner herein with a plea to restrain him from dispossessing her from shared household and also to pay compensation.3. ..... 2(a), 2(f), 2(g), 2(q), 2(s) and 3 coupled with sections 18 to 22 of the protection of women from domestic violence act, 2005 (for short 'the act') are to be considered. ..... for the purpose of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case if- (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 ..... for the purpose of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case if- (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 .....

T. Venkata Sateesh Vs. Dasari Suhasini and Another

Court : Andhra Pradesh

..... the petitioners counsel placed reliance on section 26 of the protection of women from domestic violence act, 2005 (in short the act) as enabling provision for the relief claimed herein. ..... the question of getting conflicting decisions may not arise between the two courts in the two pending proceedings as scope of decision in a divorce petition is entirely different from the scope of a domestic violence case under the act before the magistrate. ..... there are no grounds for transfer of domestic violence case from criminal court, hyderabad to family court, secunderabad. ..... thirdly, section 26 enables an aggrieved person/wife or children to claim reliefs under sections 18, 19, 20, 21 and 22 of the act as additional relief and not as independent relief in any proceeding in civil court or family court or criminal court in case those proceedings are affecting the aggrieved person. ..... (3) in case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this act, she shall be bound to inform the magistrate of the grant of such relief. ..... the petitioner who is husband seeks transfer of d.v.c.no.86 of 2011 from iv metropolitan magistrate court, hyderabad to the family court, secunderabad where o.p.no.611 of 2012 is pending for divorce. ..... in that view of the matter, section 26 of the act does not come to the rescue of the petitioner in this transfer petition. .....

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and anr

Court : Andhra Pradesh

..... in the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs under the protection of women from domestic violence act, 2005 (for short "the act") against the petitioners in criminal petition no.2539 of 2009. ..... unambiguously noting that if the remedies provided under sections 18 to 22 of the act are applicable prospectively to acts or omissions of domestic violence that occurred prior to 26-10-2006, then the aggrieved person who suffered violence prior to that date would be deprived of claiming any relief under the act, the learned judge found no justification or reason to deny certain remedies available to women who suffered domestic violence prior to 26-10-2006 as such a narrow interpretation will defeat the object and purpose of enacting the act. ..... as the female relatives of the husband or male partner are, thus, not excluded from the applicability of the act, if it is otherwise applicable, the domestic violence case against the 3rd petitioner cannot, therefore, fail on the ground of her sex. 18. .....

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and Another

Court : Andhra Pradesh

..... in the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs under the protection of women from domestic violence act, 2005 (for short "the act") against the petitioners in criminal petition no.2539 of 2009. ..... unambiguously noting that if the remedies provided under sections 18 to 22 of the act are applicable prospectively to acts or omissions of domestic violence that occurred prior to 26-10-2006, then the aggrieved person who suffered violence prior to that date would be deprived of claiming any relief under the act, the learned judge found no justification or reason to deny certain remedies available to women who suffered domestic violence prior to 26-10-2006 as such a narrow interpretation will defeat the object and purpose of enacting the act. ..... as the female relatives of the husband or male partner are, thus, not excluded from the applicability of the act, if it is otherwise applicable, the domestic violence case against the 3rd petitioner cannot, therefore, fail on the ground of her sex.18. .....

M. Jayamma Vs. the State of Ap, Rep. by Its Public Pros

Court : Andhra Pradesh

..... no.nil of 2009 on the file of judicial magistrate of first class, dharmavaram, anantapur district, and consequently direct the magistrate to register the complaint and try the case as per the provisions of the protection of women from domestic violence act, 2005 (for short 'the act').2. ..... section 12 of the act is as follows.12.application to magistrate:-(1) an 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. ..... for under sub-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:3. ..... the proviso only says 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. ..... the duties of the police officers and service providers are envisaged under section 5 of the act and under section 9 of the act the protection officers have to assist the magistrate in discharge of his functions under the provisions of the act. .....

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 .....

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 .....

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. .....

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. .....

T. Saritha Reddy and anr. Vs. T. Obireddy

Court : Andhra Pradesh

Reported in : 2009(1)ALT481

..... . taruna batra (supra) wherein the apex court while dealing with matrimonial home in the context of provisions of protection of women from domestic violence act (43 of 2005) observed at paras 12, 16, 23 and 25 as under:with respect, we are unable to agree with the view taken by the high court.there is no such law in india, like the british matrimonial homes act, 1967 and in any case, the rights which may be available under any law can only be as against the husband and not against ..... . the appellate court further recorded reasons commencing from paras 10 to 23 and came to the conclusion that to protect the rights of parties granting temporary injunction is inevitable ..... the father-in-law or mother-in-law.learned counsel for the respondent smt.taruna batra stated that the definition of shared household includes a house-hold where the person aggrieved lives or at any stage had lived in a domestic relationship .....