Court : Kerala
..... it is alleged that the 3rd respondent has filed ext.p1 application under section 12 of the protection of women from domestic violence act, 2005. ..... it is alleged that respondents 1 and 2 are threatening the petitioner and his father and are interfering in the matrimonial dispute and directing them to act according to their directions. .....
Tag this Judgment!Court : Kerala
..... ---------------------------------------- dated this the 28th day of january, 2013 order the respondents in c.m.p.no.1129 of 2011 in crl.m.p.no.238 of 2010 on the file of the judicial first class magistrate court-i, north paravur which is instituted under section 12 of the protection of women from domestic violence act, 2005 are the revision petitioners. ..... copy of the judgment in cra no.533 of 201.on the file of the additional sessions judge (adhoc 11 ernakulam dated 4 h day of january 2013 annexure a3.true copy of the application filed by the ist respondent under section 1 of the domestic violence act before the judicial first class magistrate court as cmp no.238 of 2010.annexure a4.true copy of the interim application filed under section 2 of the domestic violence act. ..... petitioners to approach the trial court to set aside the exparte order after convincing the said court by advancing whatever grounds or contentions and the evidence, if any, for the same especially when the above act has specifically mentioned about the duration and alteration of the orders and also empowers the court to pass interim and exparte orders. .....
Tag this Judgment!Court : Kerala
..... the second respondent's learned counsel says that her client may pursue remedies available under other statutes, including the protection of women from domestic violence act, 2005. ..... it is submitted on behalf of the second respondent, who is the wife of the petitioner, that during the pendency of the writ petition she has been ousted from the residence. .....
Tag this Judgment!Court : Kerala
..... the first respondent herein filed m.c.no.5 of 2010 in the court of the judicial first class magistrate-ii,haripad, under section 12 of the protection of women from domestic violence act,2005 and by the order dated 21.5.2011, the learned magistrate declined all her reliefs sought for except to pay the maintenance at the rate of `1500/- per month to her and also directed the first revision ..... it was also directed that the revision petitioner shall not commit domestic violence in any manner towards the respondent herein. ..... the first revision petitioner herein, who is the first counter petitioner before the trial crl.r.p.no.77 of 2013 :-2-: court, was directed to pay `2 lakhs, being value of the gold ornaments entrusted with him, within 60 days from the date of appellate court judgment, and is also directed to pay monthly maintenance at the rate of `3500/- to the first respondent ..... the evidence of pws.1 and 2 shows, as inferable from the judgment of the appellate court that at the time of marriage, there was an understanding to pay `3 lakhs to the revision petitioners ..... on 23.1.2010, till the date of the judgment and continue to pay at the same rate and further directed that the arrears should be paid within 30 days from the date of judgment of the appellate court. ..... , it was declared that the first respondent herein/the claimant/wife was crl.r.p.no.77 of 2013 :-8-: entitled to get monthly maintenance at the rate of `3500/- from the first revision petitioner from the date of petition i.e. .....
Tag this Judgment!Court : Kerala
..... petitioner is the husband of one rajeena and the father of one shehanas and siraj, who are the petitioners in m.c.no.208 of 2010, which is a proceeding instituted under section 12 of the protection of women from domestic violence act, 2005, wherein the reliefs sought for are under sections 18, 19 and 20 of the act. ..... as to interfere with the concurrent finding of the trial court as well as the appellate court, especially when the appellate court has observed that the petitioner can approach the trial court under section 19(f) of the domestic violence act, if the circumstances so demand. ..... the entire evidence and materials on record, the trial court allowed the application and accordingly, the sole respondent, who is the revision petitioner herein, is restrained from harassing the petitioners either physically or emotionally and the respondent is further restrained from alienating the property as per ext.d1 by including the shared household namely 'siraj mahal'. ..... the trial of the case, pws.1 to 4 were examined from the side of the applicants and exts.p1 to p9 were marked and from the side of the respondent, though no crl.r.p.no.36/2013 :2 ..... from the above discussion and materials on records referred to above, it can be seen that, the lower appellate court has observed that, the appellant/petitioner can approach the trial court under section 19(f) of the act, if the circumstances change and crl.r.p.no.36/ ..... respondent is restrained from evicting the petitioners from the shared household. .....
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..... /2012 ~~~~~~~~~~~~~~~~~~~~~~~~~~ dated this the 3rd day of january, 2013 order this criminal miscellaneous case is filed by the petitioners who are arrayed as respondents in a proceedings initiated by the first respondent herein under the provisions of the protection of women from domestic violence act, 2005. ..... it is not necessary to go into the details of the complaint as it is clear from the pleadings that what is objected to by the petitioners is the filing of a petition as per annexure-a6 by the first respondent claiming to send her for a medical examination.2. ..... the first respondent, who is the daughter of the first petitioner has invoked the provisions of the said act by filing annexure-i complaint. ..... my attention was invited to section 136 of the evidence act. .....
Tag this Judgment!Court : Kerala
..... the same is one filed under section 12 of the protection of women from domestic violence act, 2005. ..... therefore if the mediation does not succeed, there will be a direction to dispose of the matter expeditiously, at any rate, within a period of two months from the crl.m.c.no.3733/2012 -2- date of receipt of a copy of this order. ..... this court had called for a report from the court concerned. .....
Tag this Judgment!Court : Kerala
..... the husband received notice in c.m.p.no.298 of 2012 filed by the wife for a protection order and a residence order under the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as `pwdv act'). ..... rights guaranteed under articles 14, 15 and 21 of the constitution, the pwdv act was enacted to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. 7. ..... the domestic violence act provides for a higher right in ..... recommendations of the united nations committee on convention and elimination of all forms of discrimination against women (cedaw), and being aware that the civil laws of the land do not address the phenomenon of domestic violence in its entirety, the parliament enacted the pwdv act. ..... the parliament thought that domestic violence is undoubtedly a human rights issue and ..... arises as to the right of the wife in the shared household, normally, the courts would be reluctant to grant an injunction restraining the wife from entering into the house (the shared household) unless it is established that there is no domestic relationship or that the house in question is not a shared household. ..... sub section (1) of section 17 of the pwdv act provides that notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial .....
Tag this Judgment!Court : Kerala
..... the protection of women from domestic violence act 2005 is enacted to provide more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and matters connected therewith or incidental thereto. ..... a learned single judge, while considering the question whether a mother could proceed against her daughter under the provisions of the protection of women from domestic violence act, taking note of the two decisions of this court in ramadevi v. ..... hence the following question was referred to a larger bench for an authoritative pronouncement on whether the proviso in the definition of respondent under section 2(q) of protection of women form domestic violence act (hereinafter referred to as the act) enables only an aggrieved wife or a woman living in a relationship in the nature of marriage, to proceed against the relative of the husband or the male partner as a respondent in a proceeding under the act, or, does it enlarge and include all persons falling under the definition of aggrieved person under the act. ..... as is clear from the statement of objects and reasons, the act was enacted keeping in view the rights guaranteed under articles 14, 16 and 21 of the constitution, to provide a remedy under the civil law which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. .....
Tag this Judgment!Court : Kerala
..... of the relevant provisions of the protection of women from domestic violence act, 2005 (for short the dva) ..... paragraph-9: this provision is a measure of social justice and specifically enacted to protect women and children and falls within the constitutional sweep of art.15(3) reinforced by art.39. ..... the socialist legislature flowing in favour of the deprived section of feminine humanity who are unable to find a saviour to give them comfort, protection and dignity of life consequent to the unfortunate termination of their matrimony and their inability to get settled in their life thereafter by re-marriage ..... considered opinion, as has been held by this court in chand dhawans case (supra), the expression used in the opening part of section 25 enabling the court exercising jurisdiction under the act at the time of passing any decree or at any time subsequent thereto to grant alimony or maintenance cannot be restricted only to, as contended, decree of judicial separation under section 10 ..... favour of such wives of terminated marriages who remain unmarried found expression in the expansive inclusion of certain categories of women within the protective sweep of sec.125 cr.p.c. ..... stem or emanate from such a marriage which is annulled under sec.12 of the hindu marriage act, contends counsel. ..... inferred from long cohabitation of parties and acts of ..... 2005 sc 422) that the wife in an annulled marriage is also entitled for permanent alimony and maintenance under sec.25 of the hindu marriage act .....
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