Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Court: chennai Page 4 of about 59 results (0.134 seconds)

Saraswathy Vs. Babu

Court : Chennai

..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman who despite ..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected. 18. ..... the primary question that arises for consideration is whether acts committed prior to the coming into force of the protection of women from domestic violence act,2005 and which fall within the definition of the term 'domestic violence' as informed in the act could form the basis of an action. .....

.Nagasundaram Vs. Anitha

Court : Chennai

..... , which is also pending in m.c.no.10 of 2011.5.the first respondent also gave a complaint on 6.7.2011 under the protection of women from domestic violence act, 2005 for restoring her to her marital home. ..... the enquiry conducted by the second respondent is warranted in terms of section 9 of the protection of women from domestic violence act, 2005. ..... of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;(c)to make an application in such form and in such manner as may be prescribed to the magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;8.the second respondent is the notified protection officer in terms of section 2(n) read with section 8(1) of the act. ..... the petitioner cannot forestall the first respondent approaching the statutory forum to ventilate her grievance and in the forum provided under the domestic violence act in addition to the other reliefs that are available to the party either before a civil court or family court or criminal court. ..... she was duty bound to enquire into all complaints by virtue of the domestic violence act. .....

K.Ravi Petitioner Vs. K.Victoria and ors.

Court : Chennai

..... neelamegam (2003-4-lw 426), the honourable supreme court laid down the eligibility criteria for claiming the relief under section 9 of the tamil nadu city tenants protection act as follows:- "from the above provision it will be seen that the following conditions are to be satisfied before a tenant is entitled to relief:i) he should be a tenant in possession of the land;ii) he should have erected a superstructure on the land in respect of which ..... possession of the property in the capacity of tenant and as his legal heir, she is entitled to claim the status of a tenant and she also filed application under section 9 of the tamil nadu city tenants protection act for purchasing the vacant land as she is entitled to the benefits of that act and the notice of termination was not valid and it was not issued in accordance with the provisions of tamil nadu city tenants ..... nair and the second defendant bhakyam, who claims to be the wife of krishnan nair, was only a sub-tenant and she is not entitled to the benefits of tamil nadu city tenants protection act and the main tenant was not in possession of the property and therefore, the suit was filed for the relief prayed for.3. ..... , kannappan was collecting rent from her and that is evidenced by exs.p9, p10 to p17 series and therefore, the bhakyam is a tenant as per the provisions of section 2(4) of the tamil nadu city tenants protection act and she is entitled to the benefits under the act and directed the court to fix the minimum extent of land .....

Dennision Paulraj and ors. Vs. the Union of India (Uoi), Rep. by Secre ...

Court : Chennai

Reported in : (2009)6MLJ283

..... for all the reasons stated above, i am not inclined to hold that sections 12, 18, 19 and 23 of the protection of women from domestic violence act, 2005 (central act 43 of 2005) are unconstitutional, ultra vires and void and the writ petition is liable to be dismissed and accordingly, dismissed. ..... the main ground of attack on certain provisions of the protection of women from domestic violence act, 2005 are that under the said act, the husband cannot file any application, but only the wife can file ..... the petitioners have come forward with the present writ petition for a declaration declaring sections 12, 18, 19 and 23 of the protection of women from domestic violence act, 2005 (central act 43 of 2005) as unconstitutional, ultra vires and void.3. ..... sixth respondent having failed in her malicious attempt, with an ulterior motive to harass the petitioners, filed an application under sections 18, 19 and 23(2) of the protection of women from domestic violence act, 2005 (herein after referred to as the act) setting out false and frivolous particulars. ..... tune with article 15(3) of the constitution of india, the state has thought it fit to frame a special legislation for women and thus, the protection of women from domestic violence act, 2005 came into force.9. ..... 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. .....

M. Palani Vs. Meenakshi

Court : Chennai

Reported in : AIR2008Mad162

..... petitioner contended that the respondent is not entitled to any maintenance since the petitioner and the respondent have not lived together at any point of time and hence the respondent cannot claim protection under any of the provisions of the 'the protection of women from domestic violence act, 2005' (hereinafter called as 'the act'). ..... application was filed under section 20 read with section 26 of the domestic violence act, 2005. ..... again in paragraph 6 the petitioner had averred as follows:i am advised to state that section 2(f), domestic violence act defines 'domestic relationship' as a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are ..... we had either married or lived together would the provisions of domestic violence act be attracted. ..... of the legislature is that even if an application is filed before the civil court or family court or a criminal court by the aggrieved person, an order shall be passed by them taking into consideration any domestic incident report received from the protection officer or the service provider, then the legislature would have incorporated such proviso as in the case of section 12(1), even in section 26 also.18. ..... section 12 reads that 'the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. .....

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 .....

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. .....

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. .....

B.Clement. Vs. Mrs.Mcthel Thanga Annam Alias P.Mcthel

Court : Chennai

..... turn filed a case in m.c.no.21 of 2011 before the learned judicial magistrate, ambattur, tiruvallur district, under the provisions of the protection of women from the domestic violence act, 2005 wherein she has prayed for various reliefs including maintenance from her husband, the petitioner herein. ..... it is a measure of social justice and specially enacted to protect women, children and parents and it falls within the constitutional sweep of article 15(3) of the constitution of india reinforced by article 39 of ..... in those circumstances, the petitioner has approached this court with this original petition seeking transfer of the case in m.c.no.3 of 2011 from the file of the learned chief judicial magistrate, dharmapuri, to the file of the learned judicial magistrate, ambattur so as to be tried along with ..... though under some personal laws, the husband may be entitled to claim maintenance from the wife, it is certainly not possible under section 125 of the code ..... have intended to clothe the husband with the right to claim maintenance from his wife under this chapter. ..... of the respondent herein, filed a case in m.c.no.3 of 011 on the file of the learned chief judicial magistrate, dharmapuri, claiming monthly maintenance of rs.10,000/- from the respondent/wife. ..... the chapter itself indicates, these provisions relate only to order for maintenance in favour of wives, children and parents and it does not encompass in it's sweep an order for maintenance in favour of the husband from the wife. .....

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 .....