Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Page 100 of about 1,678 results (0.061 seconds)

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. .....

R. Ramu Vs. Smt. Leelavathi

Court : Karnataka

Reported in : 2010(1)KarLJ376

..... the matter arises under the protection of women from domestic violence act, 2005. ..... in view of the physical violence and mental violence she is taking treatment at a private nursing home and the husband has refused to pay the bills. ..... she would further allege that the husband has taken away the gold ornaments, two wheelers and cash which was realised from the sale of a site on 24-5-2006.3. ..... 20,000/- per month and compensation under section 22 of the act and for such other reliefs.2. ..... another contention is that she is getting enough rents from the buildings.5. .....

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). .....

K. Narasimhan Son of Late Shri S. Krishnaswami Vs. Smt. Rohini Devanat ...

Court : Karnataka

..... filed a complaint under section 12 of the protection of women from domestic violence act against her husband and the petitioner who is her brother-in-law making certain allegations so as to attract the provisions of section 3 of the act. ..... relationship between the respondent and her husband was strained, the respondent to torn initiated proceedings under the domestic violence act and also made allegations against her husband and the petitioner herein who is her brother-in-law.4. ..... per contra, the learned counsel for the respondent submitted that section 2(f) of the domestic violence act is the answer to section 2(s) and accordingly submitted that the provisions of section 2(f) is very much applicable to the ..... main grievance of the petitioner is that in order to attract the provisions of domestic violence act and as per the definition of section 2(s), the accused himself has shared the ..... the learned counsel for the petitioner, the petitioner was staying independently at canada and when he came to india, he stayed at chennai and he never stayed together nor involved in any domestic violence as per the provisions of the act and it is also submitted that he has been falsely implicated in this case.5. ..... in the circumstances, making certain allegations against the respondent by itself would not amount to domestic violence in the absence of ingredient of shared household and there is no proof of petitioner and the respondent having lived together or were living together at any point .....

Tehmina Qureshi Vs. Shazia Qureshi

Court : Madhya Pradesh

Reported in : 2010(1)MPHT133

..... nutshell giving rise to this petition are that respondent has filed one application under section 12 of protection of women from domestic violence act, 2005 (in brevity 'the act of 2005') against petitioner and others in the court of jmfc, gwalior. ..... it is well known that protection of women from domestic violence act, 2005 came into force from 26th october, 2006, vide ..... cannot be made respondents in proceedings under the protection of women from domestic violence act, 2005.8. ..... opposed the application and submitted that while disposing of the application under sub-section (1) of section 12 of the act of 2005, magistrate may on being satisfied that domestic violence has taken place, pass a residence orders vide section 19 of the act:(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;(b) directing ..... the respondent to remove himself from the shared household;(c) restraining the respondent or any of his relatives from entering any portion of the .....

Dilip Bhattacharjee @ Raghu Bhattacharjee Son of Late Naresh Bhattacha ...

Court : Patna

..... they led complaints before learned subdivisional judicial magistrate, katihar under the provisions of section 12 of the protection of women from domestic violence act, 2005. ..... further, on reading of section 23 of the act, it is clear that the interim power has been given for an interim protection from domestic violence. ..... the said complaints having been filed alleging 'domestic violence', as such, application for interim relief as provided under section 23 of the said act were filed for grant of ad interim maintenance. ..... in my view, prima facie there are great doubts whether such a complaint, which is nothing but virtually a partition suit, would at all constitute domestic violence within the meaning of act. ..... all appears to be an ingenuous drafting and jugglery of words virtually resulting in a partition suit being decided in a domestic violation case which, on the face of it, would be arbitrary and on strength thereof conferring power to decide maintenance aspects in this jurisdiction would clearly be beyond jurisdiction. ..... 10,000/- to each per month and that too retrospectively from 2006, the date of enforcement of the said act which was 26.10.2006 even though the complaint itself was filed in 2008 and an application for interim relief filed subsequently. ..... petitioner has challenged such an order, inter alia, on the ground that the power to grant interim relief as envisaged under section 23 of the said act does not contemplate of such a maintenance order.2. .....

Rajaram Panwari and ors. Vs. Dr. Asha Panwari (Smt.) and ors.

Court : Madhya Pradesh

Reported in : 2010(1)MPHT383

..... 1 before the learned court below under the provisions of protection of women from domestic violence act, 2005, which shall be referred hereinafter as 'act', wherein various allegations were made against the petitioners. ..... 1336/2007, where the interim application filed by the respondents under section 12 of the protection of women from domestic violence act was allowed and the interim directions issued by learned trial court were further modified, present petition has been filed.2. ..... the protection of women from domestic violence act has come in force w.e.f. ..... parties jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate;(f) causing violence to the respondents, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection.12. ..... thus, section 18 of the act empowers the court to pass a protection order in favour of aggrieved person and prohibits the respondent from:(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;(e) alienating any assets; operating bank lockers or bank accounts used or held or .....

Master Ryan Thru Its Mother Mrs. Ridhima Juneja Vs. P.N. Juneja and So ...

Court : Delhi

Reported in : 163(2009)DLT14

..... filed a complaint under the protection of women from domestic violence act, 2005 (the 2005 act) before the ld. ..... the appellate court concurred with the trial court's findings about instances of domestic violence:keeping in view all these facts i fully agree with the opinion of the ..... trial court that there are instances of domestic violence and therefore, the respondent is entitled for a compensation of ..... court next considers whether the plaintiffs, in the overall circumstances of the case, would be equitably entitled to continue in the premises, in view of the materials on record, particularly the undisturbed findings regarding domestic violence against ridhima. ..... is stated that allegedly on 31.08.2007, deven had also made a query under the right to information act, 2005 and even there he had quoted the address of the premises. ..... has also received copy of summons dated, 02.01.2008, 13.08.2007 and 03.09.2007 sent to ridhima from the delhi legal services authority, pursuant to his application for legal aid/ advice, at the premises ..... 12605/2007, the plaintiffs sought interim orders to injunct the defendants from dispossessing them (plaintiffs) from ridhima's matrimonial home, of which they claim to be in constructive possession since allegedly all their clothes, ridhima's stridhan, dowry articles, personal belongings, car, ..... 50,000/-from the appellant under section 20 and 22 of the act.the matter was remitted, after which the magistrate again denied the order enabling her to enter the .....

Kavita Gambhir Vs. Hari Chand Gambhir and anr.

Court : Delhi

Reported in : 162(2009)DLT459

..... provisions of the protection of women from domestic violence act, 2005 could not be invoked in the present proceedings since no such case was pleaded by the appellant in her written statement and nor could she have done that since at the time she had filed her written statement this act had not even ..... that the appellant's occupation of the property in her possession was protected even under the protection of women from domestic violence act, 2005. 9. ..... be done only if there was necessary foundation laid in the written statement by alleging facts therein which, according to her, entitled her to get some benefit available under the said act of 2005 but she's did not lay any foundation in her written statement by seeking necessary amendment in the written statement and so she cannot be allowed to make any submissions based on the provisions of ..... the period prior to the institution of the suit or directing an inquiry as to such rent; (ba) for the mesne profits or directing an inquiry as to such mesne profits; (c) directing an inquiry as to rent or mesne profits from the institution of the suit until, - (i) the delivery of possession to the decree-holder, (ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the court, or (iii) the expiration of ..... wife cannot claim any right of occupation in the property owned by her in-laws as a 'shared household' as defined in section 2(s) of this act of 2005 entitling her to live there as a matter of right. 10. .....