Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Court: kerala Page 7 of about 75 results (0.120 seconds)

M.A. Mony Vs. M.P. Leelamma and anr.

Court : Kerala

Reported in : 2007CriLJ2604; 2007(2)KLJ209

..... protection of women from domestic violence act, 2005 is a piece of legislation brought in by the parliament as the parliament felt that the civil law does not provide reliefs to a victim woman subjected to domestic violence ..... while those petitions were pending before the family court, the protection of women from domestic violence act, hereinafter referred to as dva, was enacted by the parliament and rules ..... aggrieved person of her right to approach the magistrate with a petition under section 12 of the protection of women from domestic violence act? ..... in these circumstances, to provide for a remedy under the civil law for protection of women from being victims of domestic violence, that the dva was brought in by the parliament. ..... decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved' person, the amount, if any, paid or payable in pursuance of the order made by the magistrate under this act shall be set off against the amount payable under such decree and the decree shall notwithstanding anything contained in the code of civil procedure, 1908 (5 of 1908), or any other 'law for the time being ..... local limits of which -(a) the person aggrieved permanently or temporarily resides or carries on business or is employed;(b) the respondent resides or carries 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. .....

K.E. Jose Vs. State of Kerala and anr.

Court : Kerala

Reported in : 2008(1)KLJ871

..... petitioner is the respondent in an application filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as domestic violence act). ..... learned counsel for the petitioner submits that in the light of the mandate under section 24 of the domestic violence act, there should not have been such delay in the furnishing of copies.6. ..... in the light of section 24 of the domestic violence act which is already extracted above, the burden is certainly on the learned magistrate to ensure that the copy is furnished to the parties as well as others specified in section ..... of conviction and sentence must be furnished to the accused can be complied by courts scrupulously, i can find no administrative bottleneck or difficulty which can stand in the way of the courts furnishing copies of orders passed under the domestic violence act as stipulated under section 24. ..... section 24 of the domestic violence act evidently of furnishing copies of the orders passed by he ..... section 24 of the domestic violence act reads as follows:court to give copies of order free of ..... grievance of the petitioner is now redressed to the extent that he has got the copy of the order and has filed an appeal under section 29 of the domestic violence act. ..... came rushing to this court on 15-03-2007 after the said order was passed on 14-3-2007 complaining that copy of the order has not been furnished to him by the learned magistrate as mandated under section 24 of the domestic violence act.3. .....

Sulochana and anr. Vs. Kuttappan and ors.

Court : Kerala

Reported in : 2007CriLJ2057

..... section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') against an interim ex parte order passed under section 23 of the act? ..... (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 2(s) and domestic violence is defined in section 2(g) read with section 3 of the act. ..... section and that (section 3) deals with the definition of the expression 'domestic violence'. ..... i am satisfied that the learned sessions judge can be directed to dispose of the appeal as expeditiously as possible -- at any rate, within a period of 15 days from 15-3-2007, on which date both parties/their counsel shall appear before the learned sessions judge and if the appeal is not posted for hearing to that date, the learned sessions ..... objects and reasons of the act clearly show that the act is a piece of civil law conferring on the victim women civil rights. ..... two views are possible, the one in favour of the target group -- the class of persons (victim women in this case) for whom benefit is sought to be conferred under the humane provisions of the act, cannot be lost sight of.14. .....

P. Chandrasekhara Pillai Vs. Valsala Chandran and anr.

Court : Kerala

Reported in : 2007CriLJ2328; I(2008)DMC83

..... order under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act'). ..... (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, ..... no domestic violence as defined under section 3 of the act has ..... city police commissioner, trivandrum was further directed to give necessary protection to the first respondent for her peaceful residence in the home ..... the learned counsel for the respondent contends first of all that an appeal under section 29 of the act, (i extract the statutory provision below) will be available only after notice of the order is served ..... counsel for the respondent contends that though an appeal is maintainable under section 29 of the act, this is a fit case where notwithstanding the availability of that remedy this petition under ..... shall be open to the petitioner to raise appropriate contentions before the learned magistrate and the learned magistrate imbibing the sense of expedition, which is expected of him, under sections 12(4) and 12(5) of the act must proceed to dispose of the petition on merits, expeditiously and in accordance with law.16. .....

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 .....

Nazee BashiruddIn Vs. Nazeem

Court : Kerala

..... a5 certified copy of petition u/s.23(2)of the protection of women from domestic violence act,2005 a6 a true copy of the order datred 18 4.2013 a7 true copy of the counter affidavit dated 13 5.2013. ..... grievance of the petitioners, who are counter petitioners in m.c.no.7 of 2013 on the file of the judicial first class magistrate court-ii, attingal, is that, after passing annexure-6 order dated 18/4/2013 in a proceeding initiated under the provisions of the protection of women from domestic violence act, the petitioners are not permitted to visit their aged mother who is bed ridden and the learned magistrate has not considered their annexure-7 counter affidavit dated 13/5/2013 and no order is passed varying the ..... from annexure-a7 counter affidavit particularly in view of the statement contained in paragraph 7, the petitioners have no objection in allowing the aggrieved person, in the above m.c. .....

indiramma Vs. Manju Sudheer

Court : Kerala

..... that the offences involved in the above case are only under sections 341, 323, 498(a), 324 & 34 crl.m.c.nos.2854, 2855 & 2862 of 2013 :-5-: of ipc and section 31 of the protection of women from domestic violence act, 2005 which are more or less personal in nature and no public interest is involved. ..... the very same wife initiated proceedings under protection of women from domestic violence act alleging that the accused, who are the husband and his mother committed offence punishable under section 31 of protection of the above act, crime no.79 of 2010 has also been registered in the kodanad police station and on the basis of the report therein c.c.no.504 of 2010 is also instituted ..... case on hand subsequent to the filing of the criminal complaint under sections 498a and 406 of ipc and sections 3 and 4 of the dowry prohibition act, 1961, with the help and intervention of family members, friends and well-wishers, the parties concerned have amicably settled their differences and executed a compromise/ ..... and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial,mercandile, civil, partnership or such like transactions or the offences arising out of matrimony relating ..... the learned counsel for the 1st respondent who on the basis of specific instruction received from the respondent submitted that the above respondent, who is the de facto complainant does not intend to proceed any further against the .....

SajnA.N.S Vs. Sajimon

Court : Kerala

..... the petitioner has filed m.c.no.93 of 2013 before the court of the judicial magistrate of first class, alathur under the provisions contained in the protection of women from domestic violence act, 2005. ..... the respondent has filed o.p.no.862 of 2013 under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights as also g.o.p.no.930 of 2013 seeking custody of the minor children, before the family court, ernakulam. ..... by the respondent herein under section 9 of the hindu marriage act, 1955 is also pending in family court, ernakulam, i deem it appropriate to transfer the said case as well to family court, palakkad. ..... in such circumstances, accepting the uncontroverted averments in the petition for transfer, i allow the transfer petition and transfer g.o.p.no.930 of 2013 from family court, ernakulam to family court, palakkad. ..... in this transfer petition, the petitioner prays for transfer of g.o.p.no.930 of 2013 from family court, ernakulam to family court, palakkad.2. .....

Joykutty Vs. State

Court : Kerala

..... the offences alleged are under sections 326 and 188 of the ipc and under section 31(1) of the protection of women from domestic violence act. ..... 2.the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the court or to any police officer. .....

Gopakumar Vs. State of Kerala

Court : Kerala

..... apart from the same, m.c.no.2/2008 was filed against the petitioner and others under section 12 of protection of women from domestic violence act, 2005 and she has also sought for divorce by filing o.p.no.729/2008 before the family court, kozhikode. ..... i.a.no.1245/2011 in o.p.no.729/2008 is a joint petition filed under section 13b of the hindu marriage act mutually agreeing to dissolve the marriage before the family court, kozhikode and the court dissolved the marriage by order dated 30/06/2011.3. .....