Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Court: chennai Page 3 of about 59 results (0.150 seconds)

Arivazhagan Vs. 1. M. Uma

Court : Chennai

..... wherein at page 521 (delhi) it is observed and held as follows:- "in view of the fact that remedy by way of an appeal is provided under the protection of women from domestic violence act, 2005, he wishes to withdraw the petition with liberty to file an appeal in the court of the learned additional sessions judge (asj). ..... (filed by the first respondent/wife under section 128 of the criminal procedure code) is not maintainable to execute the order of maintenance passed under section 12 of the protection of women from domestic violence act, 2005, as if the said order and claim in m.c.no.5 of 2009 has been passed under section 125 of the criminal procedure code.5. ..... that ordinarily, the learned judicial magistrate exercising his functions under the protection of women from domestic violence act, 2005 as a criminal court inferior to the court of sessions and ..... it is open to the revision petitioner/husband to prefer an appeal as per the protection of women from domestic violence act, 2005 as against the impugned order dated 23/4/2012 in c.m.p.no.9429 of 2010 passed by the learned judicial magistrate, aranthangi in the manner known to law and in accordance with law ..... be that as it may, in view of the fact that as per section 29 of the protection of women from domestic violence act, 2005, there is an effective and alternative remedy of filing of an appeal by the revision petitioner/husband as against the order dated 23/4/2012 in c.m.p.no.9459 of 2010 (m.c.no.5 of 2009) passed by the learned .....

1.K.Rajendran Vs. 1.Ambikavathy

Court : Chennai

..... 8.the specific argument advanced on behalf of the petitioners is that the learned judicial magistrate, valliyoor has recorded the sworn statement of the first respondent/wife and nowhere in the protection of women from domestic violence act, 2005, recording of sworn statement is permissible before passing an exparte order and in fact, the proceeding before the trial court under the protection of women from domestic violence act, 2005 is a civil in nature and therefore, a summary procedure is to be followed like that of the one followed under section 125 of cr.p.c. ..... petitioners, the learned counsel for the first respondent/wife submits that the learned judicial magistrate has passed final orders in d.v.o.p.no.29 of 2012 on 21.09.2012 and as against the said final order as per section 23 of the protection of women from domestic violence act, 2005 (act 43 of 2005), an appeal is to be preferred by the revision petitioners/respondents and in short, the present revision petition filed by them is not maintainable before this court. ..... 11.proceeding further, the learned counsel for the revision petitioners contends that as per sub section (2) of section 23 of the protection of women from domestic violence act, 2005, an affidavit in form not iii is to be filed by the first respondent/wife and no such affidavit has been filed by her and in fact, a sworn affidavit of the first respondent/wife cannot be construed as form iii. .....

R. Prabhakar and Another Vs. Dr. V. Jothilakshmi

Court : Chennai

..... m.megala reported in 2011 (1) ctc 841 protection of women from domestic violence act, 2005 (43 of 2005), section 2(q) expression "respondent" occurring in section 2(q) would include second wife married by husband expression 'relative' should be given normal meaning in common parlance women who married husband of petitioner is certainly relative of such husband complaint maintainable ..... naik reported in 2010 cri.l.j.751 "protection of women from domestic violence act (43 of 2005), ss.2(q), 12, 19 - domestic violence relatives of husband or male partner referred to in provisio to s.2(q) cannot be only male relatives but can be female relatives also hence female relatives can also be respondents in application under section 12 filed by wife or female covered by ..... priyanka khanna & ors reported in 2010 (119) drj 182 "protection of women from domestic violence act, 2005 section 20 excessive maintenance no concrete proof of high status and vast property of husband mere allegations made by the wife that husband was a man of status and had vast movable and immovable properties ..... air 2009 delhi 72 "protection of women from domestic violence act (2005), s.17 civil p.c. ..... learned judge held that the respondent herein is entitled to relief sought for under sections 18, 19, 20 and 21 of the act as prayed for under the protection of women from domestic violence act. ..... had levelled a case against the revision petitioners under the protection of women from domestic violence act. .....

K. Sugi Vs. R. Rajarathinam

Court : Chennai

..... the short facts of the case are as follows:- the petitioner / wife has filed a petition under section 12 r/w section 18(a), (b), (d), section (19)(1)(f), 19(8), section 20(1), section 22 of the protection of women from domestic violence act, 2005, along with an affidavit praying for (a) protection order: preventing the respondent from (a) committing any act of domestic violence, (b) aiding or abetting in the commission of acts of domestic violence, (c) attempting to communicate with the petitioner; in any form whatsoever, (b) residence order: (a) direct the respondent to secure same level of alternate accommodation as enjoyed by the petitioner in the shared ..... the appellate court has failed to consider that according to section 23(2) of the protection of women from domestic violence act, 2005, the learned magistrate is allowed to pass even an ex-parte interim order if he is satisfied that a prima facie case of domestic violence exists, based on the affidavits submitted before him. ..... he had not committed any domestic violence against the petitioner and that the complaint had been filed against him only for the purpose of extracting lumpsum payment from him and his family members ..... it was submitted that as the respondent has not caused any domestic violence to the petitioner, the petitioner is not entitled to receive rs.20,000/- as interim monthly maintenance ..... twenty lakhs only)towards damages for injuries, mental torture and emotional distress caused by the acts of domestic violence. 3. .....

R. Saravanan Vs. Pavathal

Court : Chennai

Reported in : 2012(4)MLJ(Crl)651

..... it was contended that the courts below have failed to appreciate that section 12 of the protection of women from domestic violence act, 2005, as well as the other provisions of the act, would not apply for getting an entry into the house of the petitioner. 9. ..... hence, the petitioner has filed a petition praying for protection to her from domestic violence as per section 12 and 23 of protection of women from domestic violence act, 2005. 3. ..... further, the case has been filed under section 2 of protection of women from domestic violence act. ..... the learned judge opined that the appellant could in no way prevent the respondent from staying in her husband's place and should not create any disturbance to her while residing in the property. ..... the respondent in his counter had submitted that he is an agriculturist and that he had taken a loan of rs.20,000/- from the proprietor of murugan rice mill, ganapathypalayam and had also taken a loan from the primary agricultural co-operative bank and conducting agricultural business. ..... it is contended that subsequent to this the appellant / son had driven the respondent / mother from out of the house. .....

Ms. Anuj Jermi Vs. State by Inspector of Police, Mangadu Police Statio ...

Court : Chennai

..... it is because of the above conventions, to give effect to articles 14, 15 and 21 of the constitution of india, the parliament has brought in a legislation in the form "the protection of women from domestic violence act, 2005" to protect the victims of domestic violence. ..... the united nations committee on convention on elimination of all forms of discrimination against women in its general recommendation has recommended that state parties should act to protect women against violence of any kind especially that occurring within the family. ..... despite the effective implementation of the said act, domestic violence has not been totally eradicated. 13. ..... the phenomenon of domestic violence is widely prevalent but has remained largely invisible in the public domain. ..... the domestic violence is undoubtedly a human rights issue and serious deterrent to development. ..... she has exactly performed what the father of our nation mahatma gandhiji said about self-protection of women about 80 years ago. 12. ..... the case on hand is such a classic case where the accused an young college going girl of hardly 19 years of age, stabbed her father thrice on his stomach, in order to protect her modesty and life when the deceased exhibiting animal behaviour violently attempted to rape her and kill her at knife point. ..... from other end, according to the 2nd respondent, the petitioner wept and narrated that with a view to protect her modesty and life, she had to kill her father by stabbing him thrice on his stomach. 4. .....

Yusuf Allabuksh. Vs. Julakia Bee

Court : Chennai

..... the learned counsel would further contend that as per section 27 of the protection of women from domestic violence act, 2005 the learned judicial magistrate, kallakurichi has got territorial jurisdiction to entertain the complaint.6. ..... the first respondent has filed the said petition under the provisions of the protection of women from domestic violence act, 2005, seeking maintenance, share in the household and other reliefs as provided in section 18 of the said act. ..... thus, it is obvious that the main purpose for which the act has been brought into force is only to protect the rights of women and to protect the victims of domestic violence. ..... it is evident that the purpose of the act is to provide for more effective protection of the rights of the women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. ..... this clearly brings to light the intention of the legislature to be liberal and considerate only towards the victims of domestic violence. ..... in the said judgment, the hon'ble supreme court had to consider sub-section 2 to section 11 of the consumer protection act which reads as follows:"11(2) a complaint shall be instituted in a district forum, within the local limits of whose jurisdiction,-(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the .....

K.Niranjani Vs. R.T.Dinesh, and ors.

Court : Chennai

..... 18, 19, 20(1) & 22 of the protection of women from domestic violence act, 2005, which was taken on file in d.v.a.c.no.1 of 2010 and interim order of rs.25,000/- per month has been awarded to the wife as maintenance and the right of residence was ordered. ..... the wife/appellant filed an application under domestic violence act against her husband and in-laws and obtained interim order of rs.25,000/- as maintenance and her right of residence was modified, against which, both husband and wife preferred appeals in c.a.no.39/2010 for reducing interim maintenance ..... she filed an application under domestic violence act and obtained an interim order of rs.25,000/- per month as interim maintenance, against which, both husband and wife preferred appeals in c.a.nos.39 and 46 of 2010 respectively. ..... since it is a matrimonial dispute and the complainant is residing away from her matrimonial home, the learned magistrate has to give one more opportunity to put forth her case. ..... is directed to dispose of the matter within a period of 45 days from the date of receipt of copy of this order on day to day basis. ..... as the wife/appellant herein was also suffering from stomach pain, she sent the medical certificate through her uncle and on her behalf, her uncle appeared before the court. ..... ) sub-court tambaram in respect of divorce petition filed by the husband under section 13(1)(i)(a) of the hindu marriage act. .....

N.Satishkumar Vs. Meenakshi

Court : Chennai

..... herein to pay maintenance at the rate of rs.1,500/- per month and at rs.1,000/- per month respectively to the first respondent herein and the 2nd respondent herein, from the date of filing of the said petition and also directing the revision petitioner herein to pay a sum of rs.2,00,000/- as compensation under section 22 of the protection of women from domestic violence act 2005 together with a sum of rs.2,000/- as litigation costs.3.as against the said order, the revision petitioner preferred an appeal under section 22 of the ..... alleging failure to maintain them and commission of domestic violation, proceedings were initiated on the file of learned judicial magistrate no.ii, virudhunagar in crl.m.p.no.2110 of 2009 under section 20 r/w section 12 of the protection of women from domestic violence act 2005. ..... the courts below, on proper appreciation of the averments and evidence, arrived at the conclusion that the revision petitioner had committed a domestic violence and that both the respondents were entitled to monthly maintenance and the first respondent was entitled to compensation for the mental agony caused. ..... been filed.4.this court, after perusing the judgments of both the courts below, comes to the conclusion that there is no defect or infirmity in the finding of the trial court holding the revision petitioner to have committed a domestic violence and upholding the plea made by the respondents for an order directing payment of maintenance and also compensation. .....

V.Krishnaveni Vs. V.Rajkumar

Court : Chennai

..... father-in-law of the first respondent.3.based on the above mentioned allegation, the revision petitioner filed a petition under sections 18, 19 and 23 of the protection of women from domestic violence act 2005 for the following reliefs:-(i)protection order under section 18 of the said act, prohibiting the respondent no.1 and 2 from committing any act of domestic violence on the revision petitioner and prohibiting the respondent no.1 from alienating the property bearing door no.6 nagalingam pillai street, thiruchuli road, arupukkottai, virudhunagar district, which the petitioner claims to be a shared household ..... appeal, concurred with the findings of the trial court that the revision petitioner had not made out any prima facie case for any of the reliefs sought for under sections 18, 19 and 23 of the protection of women from domestic violence act 2005.6.the learned appellate judge has adverted to the transactions that took place subsequent to the death of the husband of the revision petitioner and also referred to the fact that the revision petitioner chose to reside .....