Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Page 90 of about 1,678 results (0.077 seconds)

Poonam Khanna Vs. V P Sharma and anr

Court : Delhi

..... thereafter, the petitioner filed another application under the protection of women from domestic violence act, 2005 claiming maintenance and same was dismissed by learned trial court as well as sessions court as non-maintainable in the background of settlement dated 02.04. ..... (iv) the petitioner filed the application under the protection of women from domestic violence act, 2005 claiming maintenance and same was dismissed by learned trial court as well as sessions court as non-maintainable in the background of settlement dated ..... failing in her endeavour to crl.m.c.no.2602/2010 page 9 of 12 fulfil her greed under prevention of domestic violence against women act, because the case was ruled to be non-maintainable in the background of settlement dated 02.04.2003, she took the shelter of section 125 cr. ..... behalf of son, petitioner while asserting that she is living on the mercy of relatives, friends, but failed to name even a single person from whom she had taken debt or loan and this fact goes to prove that she has sufficient means to maintain herself..18. ..... has submitted that the petitioner has concealed important / material facts from this court because these facts render this petition to be non- ..... /2010 page 6 of 12 (ii) the petitioner backtracked from the said settlement and continued with the litigation vigorously. ..... of her son deposed that she was living on the mercy of the relatives, friends, however failed to name even a single person from whom she had taken debt or loan..28. .....

K.M. Revanasiddeshwara Vs. K.M. Shylaja

Court : Karnataka

..... submission of learned counsel for the respondent is that, as the protection of women from domestic violence act, 2005 has been enacted to protect the women being the victims of domestic violence, it is therefore contended that the reference to the statement of objects and reasons that the provisions contained in sub-section (3) of section 29 will be applicable even to the domestic violence act and it is not restricted only to the law relating to marriage and divorce. 14. ..... whether sub-section (3) of section 29 of the limitation act, 1963 operates as a bar for filing the application under section 5 of the said act before the lower appellate court in respect of the proceedings under the protection of women from domestic violence act, 2005, (domestic violence act, 2005 for short) is the question that has arisen in this petition. 2. ..... the provisions contained in the protection of women from domestic violence act, 2005 do not expressly exclude the application of sections 4 to 24 of the limitation act. ..... what is contemplated therefore is in respect of the law relating to marriage and law relating to divorce and there is no scope for reading into sub-section (3) and the provisions relating to protection of women from domestic violence act, 2005. .....

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. .....

Raj Kumari Vs. Preeti Satija and anr

Court : Delhi

..... page 8 of 9 settled law on this aspect, i am of the considered view that the plaintiff is the owner of the suit property and the plaintiff has no legal duty/responsibility to maintain the daughter-in-law under the protection of women against domestic violence act, 2005. ..... dealt with in various decisions of the apex court wherein it has been held that a woman has no right of residence in the property of her in-laws under the provisions of protection of women against domestic violence act, 2005..8. ..... of 12 2008(4) scc 649, the supreme court while observing that the domestic violence act provides for a higher right in favour of a wife, in that, she not only acquires a right to be maintained, but also thereunder acquires a right of residence, clarified that the said right as per the legislation ..... (ii) pass a decree of permanent injunction restraining the defendants from creating any third party interest and from changing the status quo in respect of possession of the portion of the suit ..... there is no such law in india, like the british matrimonial homes act, 1967, and in any case, the rights which may be available under any law can only be as against the husband and not against the ..... such an obligation can only be met from the properties of which the husband is ..... no doubt, the definition of 'shared household' in section 2(s) of the act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not .....

M. Jayamma Vs. the State of Ap, Rep. by Its Public Pros

Court : Andhra Pradesh

..... no.nil of 2009 on the file of judicial magistrate of first class, dharmavaram, anantapur district, and consequently direct the magistrate to register the complaint and try the case as per the provisions of the protection of women from domestic violence act, 2005 (for short 'the act').2. ..... section 12 of the act is as follows.12.application to magistrate:-(1) an aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. ..... for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:3. ..... the proviso only says that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. ..... the duties of the police officers and service providers are envisaged under section 5 of the act and under section 9 of the act the protection officers have to assist the magistrate in discharge of his functions under the provisions of the act. .....

Rafat Araa Vs. Kamar Mirja

Court : Uttaranchal

Reported in : 2012(4)LRC478

..... moved an application under protection of women from domestic violence act, 2005, against the respondent pleading that she was being subjected to physical cruelty by the respondent to oust her from the house, they ..... household" is mentioned in clause (s) of section 2 of protection of women from domestic violence act, 2005. ..... section 29 of protection of women from domestic violence act, 2005. ..... :- " aggrieved person" means any woman who is , or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent. ..... , at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family; from the above definition of domestic relationship it appears that it is necessary that the aggrieved person should have related to the respondent by consanguinity, marriage or through the relationship in the nature of marriage, adoption or as a member of joint family. ..... it reads as under:-" shared household " means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in ..... domestic relationship" is given in clause (f) of section 2 of the act .....

Deepti Bhandari Vs. NitIn Bhandari and anr.

Court : Supreme Court of India

Reported in : 2012(1)SCC725; 2012(1)SCC(Cri)757; AIR2012SCW293,AIR2012SC326; 2012(2)KCCR35SN; 2012ALLMR(CRI)376; 2012(1)BCR(Cri)790

..... be mentioned that on 5th may, 2009, the petitioner filed a complaint against the respondent no.1 and his family members under the provisions of the protection of women from domestic violence act, 2005, hereinafter referred to as `pwd act') before the upper civil judge (a,b) and judicial magistrate serial no.18 jaipur city, jaipur, being criminal legal case no.13 of 2009. ..... as far as the difficulty expressed on behalf of the parents of the respondent no.1 is concerned, they will be free to apply to the trial court for exemption from personal appearance on the dates of the different cases and if such applications are made, the same should be considered by the trial court looking to the physical difficulties that may be faced by ..... which had been filed by the respondent no.1 under section 9 of the hindu marriage act and case no.65 of 2009, also filed by him under section 25 of the guardians and wards act, 1890, be transferred from the family court at jaipur to a family court of competent jurisdiction in delhi. ..... petitioner also filed transfer petition (civil) nos.856-857 of 2010 for transfer of case no.279 of 2009, which had been filed by the respondent no.1 under section 9 of the hindu marriage act and case no.65 of 2009 also filed by him under section 25 of the guardians and wards act, 1890, from the family court at jaipur to a family court of competent jurisdiction in delhi. ..... quashing of criminal legal case no.13 of 2009 filed by the petitioner under section 12 of the pwd act, 2005. .....

Saraswathy Vs. Babu

Court : Chennai

..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman who despite ..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected. 18. ..... the primary question that arises for consideration is whether acts committed prior to the coming into force of the protection of women from domestic violence act,2005 and which fall within the definition of the term 'domestic violence' as informed in the act could form the basis of an action. .....

.Nagasundaram Vs. Anitha

Court : Chennai

..... , which is also pending in m.c.no.10 of 2011.5.the first respondent also gave a complaint on 6.7.2011 under the protection of women from domestic violence act, 2005 for restoring her to her marital home. ..... the enquiry conducted by the second respondent is warranted in terms of section 9 of the protection of women from domestic violence act, 2005. ..... of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;(c)to make an application in such form and in such manner as may be prescribed to the magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;8.the second respondent is the notified protection officer in terms of section 2(n) read with section 8(1) of the act. ..... the petitioner cannot forestall the first respondent approaching the statutory forum to ventilate her grievance and in the forum provided under the domestic violence act in addition to the other reliefs that are available to the party either before a civil court or family court or criminal court. ..... she was duty bound to enquire into all complaints by virtue of the domestic violence act. .....

Eveneet Singh Vs. Prashant Chaudhari and anr.

Court : Delhi

..... section 2(s) of the protection of women from domestic violence act 2005, (herein after referred to as 'the act') defines 'shared household' as under:-"2(s) 'shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or ..... and thereafter abandon her requiring rent to be paid or face eviction therefrom and additionally on the ground that the appellant has a right to be protected in the shared household and has a right to restrain her mother-in-law and her husband to dispossess her from the shared residence, claim was raised in cs(os) no.1307/2010 which appears to be a counterblast to cs(os) no.505/2010 whereunder appellant's mother-in- ..... the same being the absolute property of appellant's mother-in-law, we concur with the view taken by the learned single judge inasmuch as vide clause (f) of sub-section 1 of section 19 of the act, in lieu of the shared accommodation, a court can direct the opposite party to secure same level of alternative accommodation for the aggrieved person as enjoyed by her in the shared household or to pay ..... of sub-section 1 of section 19 of the act would be the extreme ill health of the mother-in-law of the appellant; medical documents pertaining to whom would show that she suffers from 'tachycardia' with heart muscles functioning at about 20% .....