Court : Kerala
..... until the protection of women from domestic violence act,2005 was enacted, the ethos of indian society never accepted the living in ..... and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents. ..... is declared null and void or annulled by a decree of nullity any rights in or to the property of any person other than the parents in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents. ..... 2005 act, only some restricted rights are conferred on women ..... the object of the act is to protect children born to hindus, once it is proved that they performed the ceremony of a marriage, in whatever form it be, although ultimately it may later turn out ..... of the respondents that since a void marriage is a nullity from its inception and does not exist in the eye of law, the question whether a void marriage had taken place or not is inconsequential, insofar as a claim of right under section 16 of the act is concerned. ..... from any perspective, we are unable to think that the legislature intended no legal consequence for using the expression marriage , which may be null and void, in section 16 of the act .....
Tag this Judgment!Court : Kerala
..... the said proceeding brought under section 12 of the protection of women from domestic violence act, 2005 (for short, 'd.v.act') was disposed of by the learned magistrate on 30.11.2012, granting protection order, and also maintenance order. ..... in the result, this original petition is disposed of as follows: a) the learned magistrate will anxiously consider ext.p15 application brought by the petitioner under section 25(2) of the d.v.act, make an enquiry, record evidence therein, and take appropriate judicious decision within a period of three months. ..... any way, he later filed an application before the learned magistrate under section 25(2) of the d.v.act as c.m.p.no.2257/2015, for cancellation of the order on the basis of material change in the circumstances. ..... in this petition brought under article 227 of the constitution of india, the petitioner, who is the respondent in the d.v.act proceedings, seeks orders directing the learned magistrate to dispose of his application under section 25(2) of the d.v.act, without any delay, and also directing the court below to set aside ext.p.14 order, in execution of which, he was removed from the premises.2. ..... c) the petitioner's contention that he stands not actually evicted from the premises will also have to be seriously considered by the learned magistrate in the process of taking decision. sd/- p. ..... the prayer, for an order to remove the petitioner herein from the shared household was disallowed by the learned magistrate. .....
Tag this Judgment!Court : Kerala
..... the animosity of the 1st respondent towards the petitioners arose in the proceedings with respect to interim custody of a minor child sought for in a case under the protection of women from domestic violence act, 2005 [for brevity "act of 2005"], according to the petitioners.3. ..... the animosity of the 1st respondent is said to have arisen in a proceeding under the act of 2005, wherein one lady working at scotland had approached the magistrate's court, inter alia with a petition under section 21 of the act for interim custody of a three year old child, who was in the custody of her in-laws ..... though on the filing date; the respondents were directed to produce the child and the passport on 14.08.2014, on the said date a lawyer from idukki is said to have appeared for the respondents and sought for an adjournment. ..... the cjm had perused the records of the case to find that there was no positive overt act alleged on accused 2 to 6 whose bail applications were dismissed on the same day. ..... when the matter was called on 14.08.2013, it is stated that a lawyer from wp(c).no.22597 of 2015 - 4 - idukki, where the minor child admittedly resided with the grandparents; appeared and without complying with the earlier order of the court, sought for a variation of the same ..... with respect to the allegations raised on the bail applications filed in crime no.495/14, the specific allegation is that the 1st respondent was favouring one particular advocate and acting with animosity towards the petitioners herein. .....
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..... the first respondent herein, as aggrieved person under section 12 of the protection of women from domestic violence act, 2005, claiming reliefs under sections 18, 19, 20 and 22 of the act. ..... complaint was filed under section 12 of the protection of women from domestic violence act, first respondent was the wife of the ..... /- to the aggrieved person being the amount received by him from the aggrieved person and directed to pay rs.1,00,000/- to the aggrieved person as compensation for the mental and physical torture meted by her at the instance of the respondent and restrained him from committing any act of crl.r.p.no.2490 of20132 domestic violence against the petitioner and the children and also to pay rs.1000 ..... /- to the first respondent and rs.1000/- each to the children can be fixed interim maintenance and if the revision petitioner deposits the arrears of maintenance at this rate as ordered by the court below from the date of petition namely, 19.11.2011, he can be given an opportunity to meet the case on merit if the arrears of maintenance is paid within two months at the above rate, then the ..... first respondent herein as pw1 an exparte order was passed directing the revision petitioner herein, to pay maintenance @ rs.3000/- to the aggrieved person and rs.2000/- each to the children from the date of petition namely, 19.11.2011 and the revision petitioner is directed to return 50 sovereigns of gold ornaments or its present value within two months and directed to pay rs.3,50,000 .....
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..... the petitioner has instituted proceedings before the additional chief judicial magistrate court, thiruvananthapuram under the protection of women from domestic violence act, 2005 and that is pending. ..... the petitioner has instituted m.c.no.5/2014 before the additional chief judicial magistrate court, thiruvananthapuram seeking relief under the protection of women from domestic violence act, 2005. ..... it is also pointed out that he is being threatened by the petitioner and her relatives and their attempt is to prevent the respondent from attending the case in the family court, ernakulam. ..... it is very sad to know that the relationship has become so bitter which is evident from the accusation levelled against each parties and as revealed from the records produced before t.p. ..... order this is a petition filed under section 24 of the code of civil procedure seeking transfer of o.p.no.1780/2014 from family court, ernakulam to family court, thiruvananthapuram.2. ..... she can seek exemption from personal appearance.9. ..... ashok kishinchand sadhwani (air2009sc1374 and contended that the consistent stand taken by courts is that the petition by the wife would be viewed with leniency since in all the posting dates wife cannot seek exemption from appearance. .....
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..... learned counsel appearing for the wp(c).21001/14 2 third respondent also submits that though initially an order was passed by the magistrate under the protection of women from domestic violence act, 2005, on a revision filed by the petitioner, the same was remitted back to the learned magistrate and now the matter is pending before the magistrate for appropriate orders.3. ..... the third respondent has filed m.c.no.60 of 2013 against the petitioner under the protection of women from domestic violence act, 2005, which is pending before the chief judicial magistrate, thiruvananthapuram. ..... the petitioner as well as the third respondent has to obtain appropriate orders from the magistrate in the proceedings pending before the said authority.4. ..... but the police are now restraining him from residing in the said building along with his mother.2. ..... however, if any offence is committed, on a complaint from the parties, the police has to take action in accordance with law. ..... but, there is no reason for the police to restrain the petitioner from residing along with his mother. ..... the learned government pleader, on instructions, would submit that the petitioner was summoned to the police station on account of the complaint received from the third respondent. ..... ashok bhushan acting chief justice a.m.shaffique judge vgs4/11/14 .....
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..... the petitioners shall not in any way violate the conditions of the orders passed under the provisions of the protection of women from domestic violence act, 2005, so long as such b.a.7175/14 - :4. ..... 31 of the protection of women from domestic violence act, 2005 and that all the other offences are bailable offences ..... 2014 order the petitioners herein are accused nos.1, 3 and 4 in crime no.686/2014 of alathur police station for offences under sections 341, 323, 29 (b) and 506 (i) read with section 34 ipc and section 31 of the protection of women from domestic violence act, 2005. ..... case such an application is filed, the trial court or the jurisdictional magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this court in the case asok kumar v. ..... like amount to the satisfaction of the investigating officer in the above crime and subject to the following conditions: (i) the petitioners shall surrender their passports, if any, before the jurisdictional magistrate concerned within 3 days from the execution of the bail bond before the investigating officer b.a.7175/14 - :3. ..... and after taking into consideration the totality of the facts and circumstances of the case, i am inclined to hold that anticipatory bail in this case can be granted to the petitioners subject to incorporation of sufficient conditions in order to protect the interest of the prosecution. .....
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..... 12 of the protection of women from domestic violence act, 2005 on the file of the judicial first class magistrate , claiming various reliefs. ..... 42/2014 as expeditiously as possible and dispose of the same within three months from the date of producing copy o this order before the appellate court. ..... anitha kumari, aged30years sreenivasan, peroor veedu, kanichanalloor muri cheppad village, from kottarathil veedu, melpadam muri veeyapuram village, alappuzha-690514.2. ..... 4,00/- per month from the first respondent made absolute and first respondent is directed to pay interim maintenance at that rate to the second petitioner from 21-6-2013".2. ..... 2) respondents are restrained from alienating 36 = cents of property in re-survey no. ..... respondents are restrained from causing any physical and mental torture to the petitioners. .....
Tag this Judgment!Court : Kerala
..... 12 of the protection of women from domestic violence act, 2005 on the file of the judicial first class magistrate , claiming various reliefs. ..... 42/2014 as expeditiously as possible and dispose of the same within three months from the date of producing copy o this order before the appellate court. ..... anitha kumari, aged30years sreenivasan, peroor veedu, kanichanalloor muri cheppad village, from kottarathil veedu, melpadam muri veeyapuram village, alappuzha-690514.2. ..... 4,00/- per month from the first respondent made absolute and first respondent is directed to pay interim maintenance at that rate to the second petitioner from 21-6-2013".2. ..... 2) respondents are restrained from alienating 36 = cents of property in re-survey no. ..... respondents are restrained from causing any physical and mental torture to the petitioners. .....
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..... it is an admitted fact that petitioner filed a complaint under section 12 of the protection of women from domestic violence act, 2005 seeking reliefs under that act in the year 2010, and it was taken on file by the learned magistrate as m.c.no.6/10. ..... it is alleged in the petition that petitioner has filed m.c.no.6/10 against the respondents as aggrieved person under section 12 of the protection of women from domestic violence act, 2005 seeking relief under that act. ..... the above said case has been filed by the petitioner named jubairiya against her husband and family members under section 12 of protection or woman from domestic violence act.3. ..... the above act itself has been enacted to provide speedy summary remedy to helpless women who suffer domestic violence in their matrimonial o.p. ..... considering the nature of relief claimed in the petition, this court felt that the petition can be disposed of at the admission stage itself after calling a report from the concerned magistrate court regarding the reason for the delay and dispensing with notice to the respondents. ..... further, section 12 (5) of the act states that magistrate shall endeavour to dispose of every application made under sub section (1) within a period of 60 days from the date of first hearing. .....
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