Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Court: karnataka Page 9 of about 106 results (0.128 seconds)

Nayanakumar Vs. the State of Karnataka and anr.

Court : Karnataka

Reported in : ILR2009KAR4295

..... long deliberation, in bringing the parties to arrive at a compromise, the district legal services authority thought it fit to refer the matter back to the jurisdictional magistrate for doing the needful in accordance with the protection of women from domestic violence act, 2005 (for short act 2005). ..... contents of the petition, it is better to refer the matter to the jurisdiction magistrate to take further information from the petitioner/gouri and to do needful in accordance with protection of women from domestic violence act 2005.sd/- 28.3.2008conciliatorssd/-s.s. ..... -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:xxxxx(3) xxxxx(4) xxxxx(5)xxxxx11. ..... reference was also made to the definition of the domestic incident report as found in section 2(e) of the act, 2005 and also rule 5 of the rules framed under the act to submit that the domestic incident report shall have to be in form ..... 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 .....

Smt. Leelavathi S. W/O M. Bhaskar Vs. Shri Murgesh S/O Dharmalingam,

Court : Karnataka

..... in support of the revision, the learned counsel submits that the learned magistrate has followed his own procedure to conduct the enquiry which is permissible under sub section 2 of section 28 of the protection of women from domestic violence act, 2005, he drew my attention to the said provision, which reads thus:(2) nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.10. ..... conspectus of provisions of protection of women from domestic violence act, 2005 make it abundantly clear that the aggrieved person has right to apply invoking section 12 of the act for benefits. ..... it is further alleged that since he neglected and committed all acts which constitute domestic violence, the petition invoking section 12 of the act was submitted which was investigated by a competent officer. ..... the course of enquiry, the petitioner was successful in establishing the matrimonial relationship and the act of domestic violence committed by the respondents. ..... , the learned magistrate has also directed the respondent to provide separate residence for petitioner and her daughter and restrained respondents from indulging in further domestic violence.8. ..... third respondent at the instigation of and in connivance of other respondents indulged in and committed the acts, which constitute domestic violence. ..... allegations made in the petition about the domestic violence are undoubtedly subject to proof. .....

Abdulghani and Others Vs. Shahin and Another

Court : Karnataka Dharwad

..... ) and jmfc, gadag, which was filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act', for short), approached this court seeking quashing of the entire proceedings against them ..... also, she claimed before the trial court that the court has to pass a protection order preventing the respondents therein from committing domestic violence against her and also for residence and maintenance to her and her child. ..... the husband and the other members are in the joint family house, then that can be called as 'shared house' and other relatives of husband, in fact, can also be made as parties to restrain them from committing any domestic violence by throwing out the wife from the shared house. ..... the threshold, the petition cannot be quashed and the petitioners in fact have to approach the trial court and file appropriate application showing that there was no act of domestic violence committed by them against the petitioner therein. ..... of the learned counsel by submitting that there are sufficient pleadings in the petition as to how the petitioners herein have ill-treated, harassed and caused domestic violence against the 1st respondent herein and in fact the relief is claimed against all the petitioners. ..... merits, to order that the petitioners herein have to allow the 1st respondent to reside in the matrimonial home itself and the court has also got power to restrain the petitioners from causing any domestic violence against the wife. 10. .....

Abdulghani and Others Vs. ShahIn and Another

Court : Karnataka Dharwad

..... ) and jmfc, gadag, which was filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act', for short), approached this court seeking quashing of the entire proceedings against them ..... also, she claimed before the trial court that the court has to pass a protection order preventing the respondents therein from committing domestic violence against her and also for residence and maintenance to her and her child. ..... the husband and the other members are in the joint family house, then that can be called as 'shared house' and other relatives of husband, in fact, can also be made as parties to restrain them from committing any domestic violence by throwing out the wife from the shared house. ..... the threshold, the petition cannot be quashed and the petitioners in fact have to approach the trial court and file appropriate application showing that there was no act of domestic violence committed by them against the petitioner therein. ..... of the learned counsel by submitting that there are sufficient pleadings in the petition as to how the petitioners herein have ill-treated, harassed and caused domestic violence against the 1st respondent herein and in fact the relief is claimed against all the petitioners. ..... merits, to order that the petitioners herein have to allow the 1st respondent to reside in the matrimonial home itself and the court has also got power to restrain the petitioners from causing any domestic violence against the wife. 10. .....

Netharavathi @ Chaithra Vs. State of Karnataka and Another

Court : Karnataka

..... also, in respect of matters, where the complaint is filed under protection of women from domestic violence act or for the offence punishable under dowry prohibition act, or for the offence invoking the provisions of section 498a 01 ipc for various reasons, to provide a way out for the parties from the litigation faced by them and to see that they arrive at a settlement, wherein they either start their life afresh together or part their way and live respectful life without any stigma ..... the intention behind the same was to ensure that if the proceeding is under section 138 of the negotiable instruments act, where financial transaction between the parties has resulted in non-payment of the debts due at a particular point of time, criminal prosecution should not be taken to the logical end where the victims of poverty or other circumstances are made to suffer the conviction for criminal act which they did not intend to do. ..... 1 to 3 passing off a site not belonging to them in favour of the complainant by misrepresenting to him and collecting from him a sum of rs. .....

Netharavathi @ Chaithra Vs. State of Karnataka and Another

Court : Karnataka

..... also, in respect of matters, where the complaint is filed under protection of women from domestic violence act or for the offence punishable under dowry prohibition act, or for the offence invoking the provisions of section 498a 01 ipc for various reasons, to provide a way out for the parties from the litigation faced by them and to see that they arrive at a settlement, wherein they either start their life afresh together or part their way and live respectful life without any stigma ..... the intention behind the same was to ensure that if the proceeding is under section 138 of the negotiable instruments act, where financial transaction between the parties has resulted in non-payment of the debts due at a particular point of time, criminal prosecution should not be taken to the logical end where the victims of poverty or other circumstances are made to suffer the conviction for criminal act which they did not intend to do. ..... 1 to 3 passing off a site not belonging to them in favour of the complainant by misrepresenting to him and collecting from him a sum of rs. .....

G. Ranganath Vs. Manjula

Court : Karnataka

..... , seeking setting aside of order dated 10.8.2012 passed on an application, which is filed under section 20(l)(d) of the protection of women from domestic violence act, 2005 ('the act' for short) for maintenance of the respondent herein and children of petitioner ana respondent herein, which is confirmed by order dated 24.6.2013 in crl.a.no.591/2012 on the file of ftc ..... it is further made clear that even if said petition under the provisions of domestic violence act is dismissed, the order which is passed for the maintenance of children shall remain unaltered until ..... order would not come in the way of petitioner seeking dismissal of petition filed by respondent-wife under the provisions of domestic violence act. ..... she suffered an order directing her to go and reside with her husband in the matrimonial house, she has chosen to file the present petition in crl.misc.72/2012 alleging domestic violence. ..... on appreciation of the aforesaid facts, the learned magistrate has come to the conclusion that respondent-wife is not entitled to seek maintenance from her husband in view of the fact that there is already an order directing her to establish her conjugal rights with her husband, petitioner herein and to live with him in the matrimonial ..... the fact that they are living separately from 21.1.2008 is not in dispute, which is borne out by the pleadings in the petition filed under section 9 of the hindu marriage act in mc.219/2008, by the petitioner herein seeking restitution of conjugal rights .....

Ameer Mohammad and Others Vs. the State of Karnataka and Another

Court : Karnataka

..... no.22/2014 filed under section 12 of domestic violence act and filed by wife smt. ..... sheena rizwan and so far as the third one is concerned, it is petition in gandwc 71/2013 filed under section 12 of guardian and wards act seeking custody of a minor child, namely ayan, born in the wedlock to mrs. ..... is crl.r.p.335/13 pending on the file of the sessions court which is filed challenging the interim order passed by this trial court in crime no.87/2013 so far as it pertains to granting interim custody of gold ornaments which were seized from the joint bank locker belonging to the complainant smt. ..... so far as the proceedings in crl.misc.no.22/14 which is filed under section 12 of d.v.act pending on the file of the fifth traffic mmtc, as the proceedings in crime no.87/13 and 187/13 are closed, this proceedings also stands closed and the; learned magistrate on production of certified copy of this proceedings shall record ..... 3 and 4 of d.p.act, produced at annexure-a. ..... 506 read with 34 of ipc and section 3 and 4 of dowry prohibition act. .....

G.A. Ferris Vs. Svetlana Alexandrovna Dobrochasova Ferris and Another

Court : Karnataka

..... from the above, we are of the opinion that the house in question cannot be said to be a "shared household" within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act ..... come up in this criminal petition impugning the concurrent finding of both the courts below in holding that the house owned by petitioner herein is a shared house as defined under section 2(s) of the protection of women from domestic violence act, 2005 (for short, 'the act'). 2. ..... 23(2) r/w sec.i9(l)(a) of the protection of women from domestic violence act, 2005 therein and allow this petition and ..... of the protection of women from domestic violence act, 2005 and reject ..... as maintenance for herself and the minor child; rs.2,00,000/- towards educational expenses of the child and also for protection order against 2nd respondent ..... 149/2012 for the relief of protection order against 2nd respondent herein and his mother under section 12 of the act seeking to restrain them from committing any further act of domestic violence on her and her child; to order status quo regarding her residence; not to force her out of the matrimonial home; for monetary relief in a sum of rs.1,00,000/ per month .....

Mahima Charan and Others Vs. Kanyakumari and Another

Court : Karnataka Gulbarga

..... the matter arises under the provisions of the protection of women from domestic violence act, 2005 (for short hereinafter referred to as the act). ..... on going through the application filed by the complainant before the magistrate under section 12 of the act, it is clear that sufficient material is forthcoming to proceed against the first petitioner-husband of the complainant. .....