Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Court: kerala Page 6 of about 75 results (0.151 seconds)

P.T. Hamza Vs. State of Kerala, Represented by Public Prosecutor, High ...

Court : Kerala

..... in this petition under section 482 of the code of criminal procedure, the respondent in m.c.no.323/2011 on the file of the judicial magistrate of the 1st class, parappanangadi, a petition under section 12 of the protection of women from domestic violence act, 2005, seeks an order to quash all further proceedings in the above petition. ..... at para 5 the learned single judge held as follows: "it is not the form that has to be looked into in determining the reliefs canvassed under the act, but as to whether the allegations set out in such application make out a case for commencement of a proceeding under the act, which is intended to prevent domestic violence. .....

Anoopkumar, Karimpurath House, Erumpayam (Po) Vs. the State of Kerala, ...

Court : Kerala

..... the application was one under section 23 of the protection of women from domestic violence act, 2005 for maintenance at the rate of rs.10,000/- per month. 3. ..... the further contention was that the petitioner also earns rs.3,000/- per month from the landed property. ..... petitioner complains of cruelty at the hands of the inmates of the house of the first respondent and also alleged that she was being harassed asking her to get money from her house. .....

K. Binulal Vs. R.S. Roopa

Court : Kerala

Reported in : 2011(3)KLJ782; 2011(3)KLT933; 2011(3)ILR(Ker)836; 2011(3)KHC738

..... first class magistrate, neyyattinkara will permit the respondent wife to move such request as may be permissible in law to revive any request by her for maintenance in the course of proceedings under the protection of women from domestic violence act, 2005, now that the order in her favour by the family court in that regard is being vacated thereby. ..... pointed out on behalf of the respondent that in view of the order that is now challenged, the wife has not pressed the request by her for maintenance under the provisions of the protection of women from domestic violence act, 2005 pending before the judicial first class magistrate court, neyyattinkara. ..... in the absence of any enabling provision in the g and w act entitling the wife to claim maintenance for herself pending consideration of an application under the g and w act in relation to the child, we do not find any substantive right ..... and w act does not contain any provision similar to that in section 24 of the hindu marriage act, 1955; section 36 or 41 of the indian divorce act, 1869; section 38 of the special marriage act, 1954 or section 39 of the parsi marriage and divorce act, 1936 ..... the proceedings under the g and w act is not necessarily a litigation relating to or generated by the matrimonial tie and ..... order for interim maintenance to the wife, it has to be noted that the main matter pending before the family court is only an application filed by the husband under the provisions of the g and w act for custody of the child. .....

Dr. Preceline George Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT454

..... what is the procedure to be adopted by a magistrate while dealing with an application filed under section 12 of the protection of women from domestic violence act, 2005? ..... as is clear from the statement of objects and reasons, the protection of women from domestic violence act is enacted to provide for a remedy under the civil law, which is intended to protect the women from being the victims of domestic violence and to prevent the occurrence of domestic violence in the society. ..... ext.p2 ex parte order was passed under section 23(2) of the protection of women from domestic violence act (hereinafter referred to as the act) without notice to the petitioner directing him not to enter into the compound of the house of the parents of the second respondent wife and also directing him to pay rs. ..... sub-section (2) reads:(2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.rule 12 of the protection of women from domestic violence rules, 2006 provides means of service of notices. .....

Jacob Kuruvila Vs. Merly Jacob

Court : Kerala

Reported in : 2010(1)KLT503

..... counsel further submits that the liability to pay maintenance is recognised by law in section 125 cr.p.c as also in the provisions of protection of women from domestic violence act, 2005. ..... that a defaulter may be compelled to make such payments under threat of coercive processes leading to deprivation of liberty under the provisions of the code of criminal procedure or under the domestic violence act cannot definitely be reckoned as an implied bar under section 9 of the code of civil procedure.23. ..... to maintenance of the wife is not created by the code of criminal procedure or under the domestic violence act. ..... the learned counsel contends that the parties are from travancore and the principles of common law are not applicable ..... the learned counsel further contends that section 7 of the divorce act, which now stands repealed, was available when the full bench delivered the judgment in cheria ..... husband is an income tax assessee as is revealed from exts.p6 and p7 returns/acknowledgments produced by him. ..... initiated by the wife and minor child, aged 28 years and 7 years respectively on the date of the application, claiming return of money, ornaments and maintenance from their husband/father and his father. ..... declared that a christian wife is entitled for maintenance from her husband is founded well on the principles of justice, equity and good conscience and in any view of the matter the former citizens of the erstwhile kingdom of travancore cannot claim exemption from that principle. .....

Vijayalekshmi Amma Vs. Bindu

Court : Kerala

Reported in : 2010(1)KLT79

..... adduced clearly or manifestly fails to prove the charge.the question whether the extraordinary inherent powers under section 482 of code of criminal procedure is to be exercised by the court to quash a proceeding initiated under the protection of women from domestic violence act, 2005 is to be considered in the background of the settled legal position. ..... the file of judicial first class magistrate court-ii, thiruvananthapuram, a petition filed under section 12 of protection of women from domestic violence act, 2005, (hereinafter referred to as the act,) is the petitioner. ..... clear that the act was enacted to provide 'a remedy under civil law' to protect the woman from being victims of domestic violence and to prevent occurrence of domestic violence in the society ..... the statement of objects and reasons of the act reads:it is therefore proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. ..... the magistrate may after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from committing any acts as provided under clause (a) to clause (g). .....

Anilkumar and ors. Vs. Sindhu and ors.

Court : Kerala

Reported in : 2009CriLJ3530; 2009(2)KLJ152

..... one sindhu, the first respondent herein under section 12 of the protection of women from domestic violence act, 2005 (herein under referred to as 'the act') claiming relief's under sections 18, 19, 20, 22 and 23 of the act. ..... said to be a judicial magistrate of the first class within the meaning of section 27 of the protection of women from domestic violence act, 2005?ii. ..... be, the metropolitan magistrate, exercising jurisdiction under the code of criminal procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place.the word 'magistrate' occurring in section 27 of the act will have to be thus read and understood in the light of the definition of the word 'magistrate' contained in clause (i) of section 2 of the ..... which is competent to grant protection orders and other orders under the act as also the forum to try the offences under the act, is, by virtue of section 27 of the act, the court of the judicial magistrate of the first class (jmfc) within whose territorial limits, any of the jurisdiction facts envisaged by section 27 of the act, are present. ..... person aggrieved permanent or temporarily resides or carriers on business or is employed; or(b) the respondent resides or carriers on business or is employed; or(c) the cause of action has arisen shall be the competent court to grant a protection order and other orders under this act and to try offences under this act. .....

Priya Vs. Shibu and ors.

Court : Kerala

Reported in : 2008(3)KLJ304

..... the interesting question which is raised in this revision is as to whether a divorced wife is entitled to file a petition under section 12(1) of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') claiming return of dowry and ornaments and also for maintenance payable under section 125 of cr.p.c.2. ..... 50,000/- for the mental and physical loss sustained by the applicant on account of the domestic violence committed by the respondents.the revision petitioner also filed cmp 284/2007 under section 23 of the said act for interim maintenance at the rate of rs. ..... in the course of the judgment, the additional sessions judge took the view that going by the definition of aggrieved person contained in section 2(a) and the definition of 'domestic relationship' contained in section 2(f) of the act, unless the applicant has the present status as a 'wife' or is at least in a 'domestic relationship' with the respondent on the date of the application, she cannot maintain an application under section 12 of the act and if so, no interim order also could be granted to the applicant under section 23 of the ..... it is true that on 11.1.2007 when the revision petitioner, priya approached the magistrate under section 12(1) of the act, she was already a divorced wife, her divorce having been declared with effect from 13.5.2005 by the family court, alappuzha. .....

Karthikeyan Vs. Sheeja

Court : Kerala

Reported in : II(2008)DMC92

..... respondent herein had approached the learned magistrate with an application under section 12 of the protection of women from domestic violence act, 2005. ..... passed against him in a properly instituted appeal under section 29 of the protection of women from domestic violence act, subject of course to the law of limitation. ..... writ petition cannot, hence, be entertained as the petitioner has an efficacious alternative remedy under section 29 of the protection of women from domestic violence act to challenge the said order. ..... learned counsel for the petitioner was requested to explain why he has come to this court with a writ petition and why the option to prefer an appeal under section 29 of the protection of women from domestic violence act has not been invoked. ..... learned counsel for the petitioner submits that the impugned order is only a procedural order and, therefore, under the impression that such an order is not appealable under section 29 of the act, no appeal was preferred and the petitioner has come to this court with this writ petition.3. ..... find no reason to entertain this writ petition at the instance of the petitioner who has a right of appeal under section 29 of the act. ..... petitioner must have challenged the order by a properly instituted appeal under section 29 of the act. ..... that application to set aside the ex parte order is dismissed on the ground that such a petition will not lie, the said finding/order is according to me certainly an appeal able order under section 29 of the act. .....

Chithrangathan Vs. Seema

Court : Kerala

Reported in : I(2008)DMC365

..... is appealable under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the pwdv act' for short).3. ..... iii of the protection of women from domestic violence rules, 2006 ('the ..... (2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under sections 18, 19, 20, 21 or, as the case may he, section 22 ..... section 23 clearly shows that in an appropriate case where the magistrate is satisfied that the application discloses that the respondent to the application is committing or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, the magistrate is empowered to grant an ex parte order (ad interim order) on the basis of an affidavit in form no. ..... has been approached, and any service provider located within the local limits of the jurisdiction of the court and if any service provider has registered a domestic incident report, to that service provider.thus, in all cases where the magistrate has passed any order under the act, he has to order that a copy of such order shall be given free of cost to the parties to the application besides to the other functionaries .....