Court : Chennai
(prayer: civil revision petition filed under article 227 of the constitution of india to set aside the administrative order dated 21.11.2012 passed by the learned principal subordinate judge, cuddalore directing the office to number the petition filed by the respondent/petitioner under section 12 of the protection of women from domestic violence act, 2005 as o.p.no.145 of 2012 and consequently, dismiss the same.) 1. the learned counsel for the petitioner seeks permission of this court to withdraw this civil revision petition. he also made an endorsement to that effect in the bundle. in view of the same, the civil revision petition is dismissed as withdrawn. no costs. consequently, connected miscellaneous petition is closed.
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..... above said circumstances, it is useful to extract section 29 of the protection of women from domestic violence act, 2005 which read as follows :- 29. ..... admitted by both sides, cc.no.2463 of 2015 is pending on the file of the x metropolitan magistrate, egmore @ allikulam, chennai for the offences under section 9(b) read with 37(2)(e) of the protection of women from domestic violence act, 2005. 3. ..... trial court failed to consider the second respondent filed op.no.3877 of 2013, in which no such allegations of domestic violence act was pleaded, the complaint was made after 19years without mentioning any specific date, month, year etc. ..... counsel for the second respondent mainly contended that there is no specific fault in the domestic violence act and filed revision before this court. ..... cc.no.2463 of 2015 is filed under section 37(2)(e) of the domestic violence act. ..... of the above circumstances, if the petitioner is aggrieved by the order passed by the x metropolitan magistrate, egmore @ allikulam, chennai he has to prefer appeal under section 29 of the domestic violence act. ..... present revision is preferred by the revision petitioner without invoking section 29 of the domestic violence act. ..... the petitioner states that the complaint filed by the respondent dated 05.01.2015 narrating the allegations from the date of marriage namely 29.05.1996 only after the petitioner filing divorce op would show that the complaint was made after 19years without any specific date, month, year etc therefore the .....
Tag this Judgment!Court : Chennai Madurai
..... section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... the records relating to the order of the ii additional sessions judge, thoothukudi dated 11.02.2016 in c.a.no.38 of 2015, modifying the order passed by the learned judicial magistrate no.1, kovilpatti in m.c.no.2 of 2013 by order dated 01.07.2015 under protection of women from domestic violence act and set aside the same.) 1. ..... claiming shared residence, compensation, maintenance, return of her srithana articles and also protection from domestic violence, the wife has filed m.c.no.2 of 2013 before the learned judicial magistrate no.i, kovilpatti as against her husband ..... act) explains what is 'domestic violence ..... short, in domestic relationship, domestic violence is analogous to ..... she has admitted that there is no domestic problem between them and because he has filed a divorce case, she considered it a domestic violence. ..... and circumstances of this case, what is complained of is nothing less of domestic violence. ..... domestic violence comprises physical as well ..... even then, if we accept such a contention then every husband will try to escape from his moral and legal obligation to maintain his wife and children simply by saying that ..... husband has no property or he is having a property which is an hell for his wife, section 12 of the act speaks about his duty to provide accommodation to his wife even in a rented premises. ..... the act it is his duty to provide residence to his wife either from his own property or from his joint .....
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..... per contra, the learned counsel appearing for the respondent would vehemently contend that in the cases filed under protection of women from domestic violence act, 2005, the learned magistrate has power to pass interim and ex-parte orders and there is no provision available in the said act to set aside the order passed by the learned magistrate under section 23 of the act. ..... the brief facts of the case are as follows:- (i) the respondent as a complainant filed a petition in m.p.no.59 of 2012 under section 12 of the protection of women from domestic violence act, 2005, (hereinafter referred to as the act) seeking interim relief of residence order and monetary reliefs per month under section 23(3) of the act. ..... in the above circumstances, it is useful to extract section 23 of the protection of women from domestic violence act, 2005 which reads as follows:- "23. ..... since there is no provision available in the domestic violence act, to set aside the ex-parte interim order, the learned x metropolitan magistrate, egmore, chennai, has correctly dismissed the petition as not maintainable. ..... hence, the order passed by the learned x metropolitan magistrate, egmore, chennai, under section 23(3) of the domestic violence act is perfectly valid and it is acceptable. ..... further, on a perusal of the entire provision of the domestic violence act, it is seen that there is no provision available to set aside the interim order or ex-parte order passed under section 23 of the act. .....
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..... given 30 days time from the date of receipt of papers from the registry to file an appeal under section 29 of the protection of women from domestic violence act, 2005 before the competent court. ..... instituted m.c.no.2 of 2015 before the learned chief judicial magistrate, erode seeking several reliefs under the protection of women from domestic violence act, 2005 (hereinafter called 'd.v.act'). ..... committing domestic violence. ..... circumstances, the revision petitioner has to pursue the remedy provided under section 29 of the d.v.act, 2005 namely, court of sessions, erode. 13. ..... which runs as under: 'section 372 no appeal to lie unless otherwise provided: no appeal shall lie from any judgment or order of a criminal court except as provided for by this code or by any other law for the time being in force ..... act, 2005 which runs as under ..... appeal: there shall lie an appeal to the court of sessions within thirty days from the date on which the order made by the magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is ..... thus, an order passed by the chief judicial magistrate under d.v.act will be an order passed by a magistrate within the meaning of section 29 of the said act and it is subject to the appeal remedy provided in section 29 of ..... counsel for the revision petitioner would submit that the learned chief judicial magistrate, erode dismissed the maintenance case by an erroneous order throwing open the rudimentary principles relating to domestic problems. .....
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..... a bare perusal of the order under challenge reveals that in passing the order under section 23 of the protection of women from domestic violence act, 2005, no prima facie satisfaction of the petitioner committing or having committed an offence of domestic violence or there being any likelihood of doing so has been recorded. ..... pending such petition, the respondent/wife filed m.p.no.727 of 2014 on the file of learned xvii metropolitan magistrate, saidapet, chennai, u/s.12 of protection of women from domestic violence act, 2005. ..... learned xvii metropolitan magistrate, saidapet, chennai, shall take m.p.no.735 of 2014 in m.p.no.727 of 2014 on file afresh for consideration and dispose of the same after passing a reasoned order within one month from the date of receipt of a copy of this order. .....
Tag this Judgment!Court : Chennai Madurai
..... , praying to call for the records relating to m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005 and quash the same insofar as the petitioners alone.) 1. ..... 29/2015 on the file of the judicial magistrate, no.i, thanjavur, which has been filed for the offences under sections 12, 17, 18, 19, 20, 22, 23, 24 and 25 of the protection of women from domestic violence act, 2005 is pending. ..... the petitioners have come forward with this petition seeking to quash the proceedings in m.c.no.29 of 2015 on the file of the judicial magistrate no.i, thanjavur filed by the respondent under section 12 of protection of women from domestic violence act, 2005. 2. ..... admittedly, the domestic violence case in m.c.no. .....
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..... 2014, on the file of the learned judicial magistrate, ambattur, by which, the petition filed by mr.v.vinod kumar, husband/father of the minor child, sanjana and his mother, mrs.shanthi, under section 15 of the protection of women from domestic violence act, 2005, to provide assistance of medical and welfare experts to the wife/mother and to evaluate/assess her mental ability and attitude to contest the proceedings before the learned judicial magistrate, ambattur, has been dismissed. 3. ..... the protection of women from domestic violence act, 2005, 2005 (act 43 of 2005), is enacted to provide for more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind occurring within the family and for matters ..... application under section 25 of the hindu minority and guardianship act, 1956, read with section 6 of the act, is maintainable, still the rights of the wife/mother, to seek for interim custody of the child, under section 21 of the domestic violence act, 2005, pending disposal of the main petition, ..... section 21 of the domestic violence act, deals with the custody orders and the same is extracted hereunder: notwithstanding anything contained in any other law for the time being in force, the magistrate may, at any stage of hearing of the application for protection order or for any other relief under this act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and .....
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..... while so, the respondent filed m.c.no.158 of 2009, on 20.01.2009, under section 20 r/w section 12 of the protection of women from domestic violence act, 2005, [hereinafter referred to as ?.the act?.]. ..... to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order ..... very same magistrate under section 127 of the code for such modification so as to have the maintenance amount enhanced or if the respondents have got any fresh grounds, constituting the domestic violence, which happened subsequent to the passing of the order under section 125 of the code, they are at liberty to approach the magistrate under section 20 of the act to get an order for maintenance in addition to an order of maintenance already passed under section 125 of the code.22. ..... thus, if the husband neglects the wife or refuses to maintain her, the said act of the husband surely amounts to domestic violence and therefore, the aggrieved wife is entitled for monetary relief and such monetary relief may include, but not limited to the maintenance for the wife as well as to her children. .....
Tag this Judgment!Court : Chennai
..... allegation, the petitioner made a complaint before the protection officer, at thanjavur, under the protection of women from domestic violence act, 2005, [for brevity, "the act"].. ..... provisions of the domestic violence act this court in ..... the domestic violence act provides for a higher right in favour ..... the protection officer held an enquiry and finally submitted a report before the learned judicial magistrate no.ii, thanjavur, alleging that there was domestic violence caused to the petitioner by the respondents and recommending for an order for shared household in the said house and also for ..... this explanation would make it clear that whether a particular act or omission of the accused amounts to domestic violence or not, is to be tested by taking into account the over all facts and circumstances ..... relief under the act in favour of the petitioner, essentially, it should be proved that there was domestic violence, as defined in the act. ..... of determining whether any act, omission, commission or conduct of the respondent constitutes ?.domestic violence?. ..... so, it is obvious that he has used his wife to initiate the present proceedings, as though there was domestic violence at the hands of the respondents, as defined in the act. ..... trial court, directing the respondents not to disturb the possession of the petitioner, her husband and their children to live in the house in question and also confirmed the direction not to cause any domestic violence to the petitioner, her husband and her children. .....
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