Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Page 92 of about 1,678 results (0.176 seconds)

ifci Limited Vs. Narender Kumar

Court : Delhi

..... she also states that she has filed legal proceedings for maintenance and under the protection of women from domestic violence act, 2005 against the respondent / alleged contemnor and which proceedings are still pending. ..... pushpa under the domestic violence act, in which, it was clarified that there is no stay against the dispossession of smt. ..... it was further clarified that the arrears if any of licence fee / rent due with respect to the said accommodation be not deducted from the said amount and are to be adjusted / deducted out of the pension due in future to the respondent / alleged contemnor. ..... the respondent / alleged contemnor appearing in person, after understanding from the counsel who was earlier appearing for him, has stated that for the lapse committed by him in not informing to the court on 7th february, 2011 that in fact it was his wife who was in possession, he is willing that all the arrears of `6,00,000/- or more which are due to him from petitioner / relator, be released directly to his wife smt. ..... pushpa and he himself was ousted from the said flat four years ago and has been residing at faridabad for the last four years. 3. ..... she further states that the respondent / alleged contemnor has intentionally given an undertaking in this court to vacate the accommodation so as to oust her from the said accommodation. 4. ..... pushpa from the aforesaid accommodation. .....

V.K.V. Sarma Vs. Ms. Indra Sarma

Court : Karnataka

..... the petitioner is before this court aggrieved by the trial court allowing the application filed by the respondent u/s 12 of the protection of women from domestic violence act, 2005 (the act for short) and the said order of the trial court being confirmed by the lower appellate court. 2. ..... 15, further, the apex court observed that the aforesaid view would take out many women who have had a live-in relationship from the benefit of the act, but then it is not for the court to legislate or amend the law and the parliament has used the expression relationship in the nature of marriage and not live-in relationship. 16. ..... the apex court therefore went on to observe at para.34 that, live-in relationships will amount to a relationship in the nature of marriage to get the benefit of act of 2005 and to get such benefit, conditions mentioned in para. ..... learned counsel for the respondent further argued that the act is meant to take care of the interest of women in general and therefore the act does not confine itself to relationship in the nature of marriage and therefore even a live-in relationship is covered by the expression domestic relationship. ..... nevertheless, it is his submission that, the relationship between the parties does not come within the definition of domestic relationship as defined u/s 2 (f) of the act. 8. .....

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. .....

Shri. Maroti S/O. Dewaji Lande Vs. Sau. Gangubai W/O. Maroti Lande and ...

Court : Mumbai Nagpur

..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of rs. ..... the main contention of the petitioner is that the application under section 12 of the protection of women from domestic violence act, 2005 was inordinately delayed and there was no reasonable explanation for the delay and, secondly, that petitioner is not liable to pay maintenance particularly to the son who is already attained age of majority. ..... the petitioner is facing proceedings initiated under section 12 of the protection of women from domestic violence act, 2005 (act 43 of 2005), which was registered as criminal application no. ..... the contention as to whether the protection of women from domestic violence act, 2005 is retrospective needs to be considered in the light of settled legal position in this regard. ..... the protection of women from domestic violence act, 2005 came into force on 26/10/2006 vide s.o. ..... learned advocate for the respondent submitted that there is no question of limitation as submitted by the learned advocate for the petitioner as there is continuous cause of action for a wife to claim maintenance and avail of residence and protection orders under the domestic violence act. .....

Amalendu Bikash Saha and ors. Vs Smt. Kalyani Saha and ors

Court : Kolkata

..... the protection of women from domestic violence act, 2005 has intended to provide for more effective protection of the rights of women guaranteed under the constitution where victims of violence of any kind accruing within family and for matters connected therewith or incidental thereto. ..... kalyani saha filed an application under section 12 of the protection of women from domestic violence act, 2005 seeking reliefs under sections 18, 19, 20 and 22 of the said act along with an application under section 23 of the said act for interim reliefs. ..... from the rival contention of all the parties it appears that the following points need be considered: a) whether deceased brothers wife can claim any relief or maintenance as well as share in the joint inherited property from the surviving brothers-inlaw under section 12 of the protection of women from domestic violence act, 2005 to be read with sections 3(iv), 18, 19 and 20 of the said act; and b) whether the learned first revisional court is justified in passing the impugned order or not. 6. ..... much emphasis upon hyper-technical aspect of the format of the application of a deserted widow should be avoided to grant relief for her survival which was the object of the legislature in enacting this special law for protection of women from domestic violence. ..... joyeeta adhikary, protection officer, who has recommended for extension of effective protection to the women being victim of domestic violence. .....

Ramniwas Vs. Smt. Seema

Court : Rajasthan

..... seema filed an application in the trial court under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') along with an application for interim maintenance under section 23(2) of the act. ..... courts below for awarding interim maintenance in favour of respondent and after considering the same, i find that both the courts below have assigned cogent reasons for allowing the application under section 23(2) of the act. .....

Dhanraj Vs. Smt.Kavita

Court : Rajasthan

..... submission of learned counsel for petitioner is that respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (for short act of 2005), which was dismissed by judicial magistrate, ramgunjmandi, kota vide its order dated 15th december, 2007, therefore, respondent was not entitled for any maintenance ..... it is submitted that maintenance could have been granted under section 12 of the act of 2005 also, but since her application was dismissed, therefore, court below committed an illegality in allowing the application under section 125 crpc. 4 ..... both the proceedings are separate and separate evidence was recorded in both the cases, therefore, even if, application under section 12 of the act was dismissed, the same cannot be a ground to reject the application under section 125 crpc. 6. ..... the course of arguments, learned counsel for petitioner admits that both the proceedings are separate proceedings, separate evidence was recorded in both the cases, no amount of maintenance was awarded under section 12 of the act of 2005. 5. ..... case no.650/2005, whereby an application filed by respondent/ wife under section 125 crpc for grant of maintenance was allowed and non-applicant/petitioner/husband was directed to pay a sum of rs.1500/- per month towards maintenance to wife with effect from 1st march, 2008. ..... from the order dated 15th december, 2007, it is clear that a reference was given of present application under section 125 crpc for grant of .....

Mohanakumar Vs. Santhamma and Another

Court : Kerala

Reported in : 2011(3)KLJ780; 2011(4)KLT259; 2011(4)KHC769; 2012(1)KLT37SN

..... in the revision is by the husband, who was proceeded on an application by the wife under the provisions of the protection of women from domestic violence act (for short the act) against the order passed by the judicial magistrate of the first class, ranni prohibiting him from committing any domestic violence, with other directions also, as confirmed by the additional sessions judge, pathanamthitta, who has turned down his appeal. 2. ..... the context, it has also to be taken note that section 12 itself spells out that a proceeding in relation to domestic violence can be commenced even on the basis of a report from the protection officer. ..... rest of the orders of the magistrate was confirmed, which no doubt, included a prohibitory order against the husband from committing any acts of domestic violence against the wife and children and also from interfering with her enjoyment over the property, which is referred to in the order of the magistrate. 4. ..... the basis of that submission and also on the evidence let in the case, the magistrate passed the order prohibiting the husband from doing any act of domestic violence against the wife and the children. ..... it is the submission of the counsel that since the domestic violence imputed in the case by the petitioner as to the assault on her person, even on her own admission, occurred after the commencement of the act, the provisions of the act cannot be resorted to, and as such prohibitory orders passed by the magistrate against the husband is .....

Avijit Biswas.

Court : Kolkata

..... filed by avijit biswas praying for quashing of a proceeding under section 12 of the protection of women from domestic violence act, 2005 initiated by his wife on the ground of cruelty. ..... with an application under section 12 of the protection of women from domestic violence act, 2005, has nothing to do with such an allegation ..... i find sufficient materials in the petition of complaint for which an enquiry should be made by protection officer appointed for the purpose of this act in the district of nadia and submit report to the learned magistrate in order to enable him to pass an adequate order on the petition filed ..... it can well be said that the petition under section 12 of the act filed by the aggrieved wife contains violence within the meaning of the act and that empowers a court to take cognizance of the same and proceed in accordance ..... on behalf of the petitioner, any dispute as to the consent in a proceeding under section 13b of the hindu marriage act is to be considered by the court wherein the said application has been filed. ..... in the petition of complaint under section 12 of the act, specifically in paragraph 6, it has been averred that the signatures of the opposite party/wife were obtained forcibly and in paragraph 7, it has been averred that the said papers containing her signatures have been used in a proceeding under section 13b of the hindu marriage act for the purpose of getting a decree of divorce on mutual consent although the opposite party/aggrieved wife had .....

Nityananda Das at Chantu Das Vs. State of West Bengal and anr.

Court : Kolkata

..... c/9/10 under section 12 and 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act), alleging that she was married with the o.p ..... admittedly, the protection of women from domestic violence act, 2005 came into force on 26.10.2006 vide s.o ..... c/09/10 under section 12 and 23 of the protection of women from domestic violence act, 2005. 2. ..... in view of my above discussion, i have no hesitation to hold that continued deprivation of economic or financial resources and continued prohibition or denial of access to shared household to the aggrieved person is a domestic violence and the protection under the domestic violence act will be available to the petitioner, who was driven out from her husbands shared household prior to coming into effect of the domestic violence act, as the deprivation continued even after the act came into force. 12. ..... denial of access to shared household to the petitioner took place prior to coming into force of the domestic violence act, but such denial continued even thereafter. ..... the learned magistrate vide order dated 11.01.10 passed an order prohibiting the respondent from committing any act of domestic violence upon the petitioner and from alienating any assets of the petitioner including the articles which were given to her at the time of ..... as the act complained of by the petitioner is a continuing breach of legal right as envisaged in the domestic violence act, there is no question putting a halt to the relief sought .....