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. .....
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..... the 2nd respondent also withdrew the application filed filed under section 12 of the protection of women from domestic violence act and annexure crll.m.c. ..... a petition filed under section 3 of the the muslim women)protection of rights on divorce)act as m.c.no.145/12 was withdrawn and annexure a4 is the copy of the order passed therein. .....
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..... the petitioner has already approached the judicial first class magistrate court, hosdurg invoking the provisions of the protection of women from domestic violence act and the code of criminal procedure for various reliefs. ..... ideally, the petitioner should move the competent court under the provisions of the guardians and wards act for getting the custody of the child. .....
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..... 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. .....
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..... 23(2) of the protection of women from domestic violence act. .....
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..... 39/2008 of the court of judicial first class magistrate i, mavelikara which is instituted under section 12 of the protection of women from domestic violence act. ..... order of the learned magistrate and while sustaining the direction issued by the learned magistrate to pay an amount of rs.2,500/- as monthly maintenance and rs.2,000/- per month for availing alternate accommodation for the aggrieved wife from the petitioner husband but the other reliefs granted were set aside in favour of the appellant. ..... according to the learned counsel the appellate court refused to accept that case since the court below was not inclined to act upon the sole evidence of the aggrieved person who was examined as pw1. ..... came into existence even prior to the litigation started, probably, there may be some default on the part of the aggrieved person in proving the same but according to me, in a proceeding initiated under the provisions of the above act, the strict rule of evidence are not attracted. ..... it is boned out from the judgments of the courts below that the marriage between the petitioner and the aggrieved person wife is still existing and the trial court as well as the lower appellate court has found that .....
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..... 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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..... the revision petitioner/appellant is the first respondent in m.c.no.2 of 2010, which is a proceeding instituted under section 12 of protection of women from domestic violence act, at the instance of the respondent herein who is the complainant in the trial court. ..... petitioner, though she had taken a contention with respect to the jurisdiction of the trial court to entertain the complaint at the instance of the mother of the revision petitioner, since in view of the definition contained in section 2 of the act, the mother, a lady, cannot claim any relief or institute a proceeding under section 12 of the above act against her own daughter, who will not come under the definition of "respondent" as defined in section 2(ii) of the above ..... it appears that though the appeal was filed through a counsel, the counsel was also absent and no convincing reason is forthcoming from the part of the revision petitioner for the absence of her counsel also. .....
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..... it is also submitted that a complaint preferred by the petitioner under the protection of women from domestic violence act is pending in the judicial first class magistrate court, mavelikkara. ..... sri.pramod j.dev this transfer petition (civil) having been finally heard on 08-01-2013, the court on the same day passed the following: tr.p(c) no.556/2012 appendix annexur-1 true copy of the extract from the marriage certificate issued by the muhiyadheen juma masjid jama-ath dated 23 04.2000 annexure-ii true copy of op no.1183/2012 petition filed by the respondent and temporary injunction order passed by the family court, alappuzha ..... resultantly this petition is allowed as follows: (i) o.p.no.1183 of 2012 pending in the family court, alappuzha is withdrawn from that court and made over to the family court, kottayam at ettumanoor for trial and disposal. ..... she has filed o.p.nos.1434 and 1435 of 2012 in the family court, kottayam at ettumanoor, the former under the guardian and wards act and the latter, for return of gold ornaments and money, etc.4. ..... no.1183 of 2012 from the family court, alappuzha to the family court, kottayam, at ettumanoor.3. .....
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..... copy of the petition submitted under section 1 of the protection of women from domestic violence act by the 2nd respondent in mc no.211/2012. ..... ) no.73/2013 2 from domestic violence act. ..... attention was specifically invited to ext.p9 to show that no acts of domestic violence is recorded there. ..... counsel for the petitioner relied upon the contents of ext.p9 to argue that as no allegation of domestic violence is raised against the petitioner, the entire proceedings will have to be quashed. ..... is stated that after the receipt of the notice in the said writ petition by the son, he pressurized the 2nd respondent to file a complaint under the provisions of the protection of women o.p. ..... therein protection is sought to the life of the petitioner from the 6th respondent, son of the ..... 29302/2012 wherein an interim order of police protection was granted by this court as per ext ..... copy of the brief clinical notes issued on 10.08.11 for the treatment of 2nd respondent, from mritha insitute of medical sciences and research centre, kochi. ..... copy of the cardiology patient advice sheet dated 3 12.12 issued from amritha institute of medical sciences and research centre, kochi. ..... true copy of the discharge summary issued from amritha insitute of medical sciences and research centre, kochi dated 10 ..... true copy of the certificate issued from mritha insitute of medical sciences and research centre, kochi dated 10 ..... is also stated that the petitioner is a cardiac patient and his wife is suffering from mental disorder. .....
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