Court : Kerala
..... they filed the above petition under section 12 of the protection of women from domestic violence act, 2005, (for short, 'the d.v.act'), claiming reliefs under section 20 of the said act. ..... coming to the compensation awarded for mental agony, it could be seen that going by the sequence of events from the very beginning, his conduct appears to be unsatisfactory and the evidence of p.w.1 shows that he married again and thereafter even now he is residing along with another woman. ..... according to the revision petitioner, on 30/5/07 the women commission ordered the revision petitioner to give an amount of `1,200/- towards maintenance and he has been paying that amount.4. ..... :- to substantiate the plea of talak from the part of the revision petitioner. ..... it was also contended that the provisions of the d.v.act came into force on 26.10.2006 only. ..... indisputably, they are entitled to get maintenance allowance from the revision petitioner. ..... so, they are not eligible to get maintenance allowance from the revision petitioner. ..... therefore, the act has no retrospective effect. ..... :- pronounced 'talaq' on 3.8.2005. ..... act.6. ..... act, and i reject that contention also. ..... act, i am of the opinion that, so long as the alleged claim of talak stands, not proved and cause of action for maintenance is a continuing one, there cannot be a challenge against the jurisdiction under the d.v. ..... act. ..... act. .....
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..... the petitioner has also filed m.c.no.9 of 2013 on the file of the court of the judicial magistrate of first class - ii, thiruvananthapuram under the protection of women from domestic violence act, 2005. ..... in this transfer petition, the petitioner prays for transfer of o.p.no.1809 of 2012 from family court, ernakulam to family court, thiruvananthapuram.2. ..... the marriage between them was solemnized on 27.11.2005. .....
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..... he is the respondent in a petition filed under sec.12 of the protection of women from domestic violence act, 2005 claiming maintenance allowance and other reliefs under sec.18 of the said act. ..... it can never be an interim order passed under sec.23 of the protection of women from domestic violence act. ..... but, it is seen that the appeal arises from an interim order seeking a direction to the revision petitioner to pay maintenance allowance to the 2nd respondent. .....
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..... 68/2010 on the file of the judicial first class magistrate court-ii,kollam, which is an application filed under section 22 of protection of women from domestic violence act, 2005. ..... the petitioner also filed another petition dated under section 233 of the act for keeping the maintenance and minor child. ..... copy marked for references as annexure-a5 to a8 as expeditiously as possible at any rate within a period of two months from the date of copy of the order. .....
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..... 57/2013 before the judicial first class magistrate court-i, aluva seeking order under section 20 of the protection of women from domestic violence act, 2005, directing the respondent to pay a consolidated monthly maintenance at the rate of rs.10,000/- to the 1st petitioner and rs.5,000/- each to the petitioners 2 and 3, pass a residence order under section 19 of the act directing the respondent to accommodate the petitioners in the shared household or to provide an alternate residence for the petitioners or pay them an amount of rs.15,000/- monthly rentals for ..... it is also submitted that at the time of separation of the 1st petitioner and the respondent, the 1st petitioner was having sufficient source of maintenance whereas she lost her employment on account of the highhanded interference from the side of the respondent. ..... situation, there will be a direction to the judicial first class magistrate's court-i, aluva to consider and dispose of ext.p2 petition for interim order after affording an opportunity of being heard to both sides within a period of one month from today. .....
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..... the order under challenge was passed by the magistrate under sec.23(1) of the protection of women from domestic violence act, 2005 (for short 'the act').2. ..... the 1st respondent sought for an interim direction, prohibiting the commission of any domestic violence against them, protection orders, residence orders and interim maintenance @ rs.15,000/- per month. ..... after considering the averments in the affidavit, the learned magistrate directed the revision petitioner not to commit any acts of domestic violence and to provide monthly maintenance allowance of rs.5,000/- to the 1st respondent. ..... in view of the fact that the legislation itself is intended to provide protection to the rights of women, who are victims of violence of any kind of occurrence within the family. ..... crl.r.p.no.2054 of 2013 4 therefore, the learned magistrate is justified in granting an interim order against domestic violence also. ..... however, the learned magistrate is directed to dispose of the case after trial within a period of three months from today. .....
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..... all that the court below has now done is only to pass an interim order as envisaged under section 23(2) of the protection of women from domestic violence act, 2005, directing the petitioner to pay a sum of 7500/- per month as interim maintenance to the petitioner before the court below and her minor daughter. ..... the grievance of the petitioner is that as a retaliatory measure, his wife instituted a case under the domestic violence act and an interim order has been passed granting maintenance to his wife and the child.4. ..... it must be remembered that domestic violence act has been enacted in addition to the provisions contained in section 125 of cr.p.c. ..... according to the petitioner herein, he was always willing to maintain his wife and she used to go away from his house without informing him and she used to lead a questionable life. ..... further, it is not as if the petitioner is precluded from bringing the real facts before the court and establishing that crl.m.c. no. ..... the petitioner before this court would say that he had occasion to complain about the acts and conduct of his wife as is evidenced by annexure a7. ..... even assuming that the wife has her own means of income, that does not absolve the husband from maintaining his wife. .....
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..... was filed by the 1st respondent herein under section 12 of the protection of women from domestic violence act, 2005, praying reliefs under sections 18, 20 and 22. ..... the revision petitioner was apprehended from committing any act of domestic violence and he was directed to pay a sum of rs.3,000/- and rs.1,000/- respectively, towards maintenance of the 1st respondent and the child. ..... nothing stated as to the date of departure from the native place or the date of arrival to the native place. .....
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..... the first respondent who is the wife of the petitioner lodged complaint before the magistrate court under section 12 of the protection of women from domestic violence act, 2005 claiming relief under sections 18,19,20 and 22 of the act.2. ..... (crl) is disposed of, directing the judicial first class magistrate court -i, attingal to consider exts.p6,p7 and p8 petitions, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of the judgment, on condition that the petitioner shall deposit rs.1 lakh within a period of two months from today before the court below. ..... the petitioner shall submit a copy of the judgment before the court below within a period of one week from today. .....
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..... .ramesh babu, who is a police officer has been restrained by exhibit r3(j) and r3(k) orders passed by the judicial first class magistrate - ii, kanjirappilly under the provisions of the protection of women from domestic violence act, 2005. ..... the report that the second respondent appears to have obtained from the third respondent is to the effect that the petitioner has been residing in kozhikode district for the past 20 years in connection with her ..... exhibits r3(j) and r3(k) protection orders have been passed in favour of the sister- in-law of the ..... the said person is also restrained from creating any obstruction to the petitioner's sister- in-law in taking income from an item of property comprised in sy.no.318(318/46/a) block no.26 of -:8:- ..... as per exhibit r3(k), the said person has been restrained from entering house no.21, ward no.viii of the mundakayam gramapanchayat. ..... also notice that an enquiry has been conducted as evident from the statements obtained, produced as exhibits r3(a) to exhibit r3(e) ..... per exhibit r3(j), the right of the sister- in- law of the petitioner to reside in her matrimonial house has been protected. ..... 782 of 2013-w considered by the said authority, after obtaining a report from the secretary of the panchayat. ..... her appearance, the electoral registration officer who is the tahsildar, kanjirappilly required the petitioner to produce a residential certificate from the third respondent panchayat. ..... statements were obtained from the petitioner's mother as well as sister .....
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