Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Page 93 of about 1,678 results (0.135 seconds)

Smt. Sheetal W/O. Hitesh Thawkar Vs. Hitesh S/O. Vijay Thawkar and anr ...

Court : Mumbai Nagpur

..... 18 and 19 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act of 2005"). ..... merely because the divorce proceedings are pending between the husband and the wife, the same cannot deprive the applicant who was allegedly subjected to domestic violence from claiming residence in the shared household in the two storeyed building consisting of about eleven rooms. ..... object of the act of 2005 is to provide more effective protection to helpless and shelterless victims and to ensure the rights of women guaranteed under the ..... contended that the respondents had locked the entire building on 5.4.2010 and committed the act of domestic violence and deprived the applicant of shared household. 3. ..... thus, in a given case, woman who is victim of domestic violence occurring within the family in respect of which the complaint is made before the competent court, it is necessary for the magistrate, before whom the complaint is made, to pass an expeditious order at the interim ..... 18 and 19 of the act of 2005 in the court of j.m.f.c. ..... 29 of the act of 2005 mainly on the ground that the summons of the divorce proceedings in the family court were served at sahakar apartment, nagpur upon ..... the act of 2005. 13 ..... the act of 2005. ..... is to provide protection to the woman/complainant speedily under the act. ..... section 29 of the act do provide remedy of appeal within 30 days from the date on which the order made by the magistrate is served on the aggrieved person or the respondent as the case .....

Saramma Shyju Vs. Shyju Varghees and Others

Court : Kerala

..... 2009 in the court of learned judicial first class magistrate-i, mavelikkara under section 12 of the protection of women from domestic violence act (for short, "the act"). ..... doubt, the act confers jurisdiction on the magistrate to grant reliefs referred to therein and the expression "magistrate" is defined in sec.2(i) of the act as meaning the judicial magistrate of the first class, or as the case may be, the metropolitan magistrate, exercising jurisdiction under the code of criminal procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged ..... the relevant provisions of the act including sec.29 which provides an appeal to the court of sessions from the order passed by the magistrate though it is possible to say that the magistrate functions as a criminal court, question arises as to whether proceedings before the magistrate while exercising functions under the act are criminal or civil in ..... the court from laying down its own procedure for disposal of an application under sec.12 of the act or under ..... counsel invited my attention to ext.p3, affidavit of petitioner where it is stated that she had instructed her counsel (who originally filed the petition under sec.12 of the act) to incorporate relief under sec.19 of the act and a claim for monthly maintenance, she was examined in court and only when she entrusted the case to another counsel she learned that those claims are not included .....

Anish Antony Thimothy and Others Vs. Neetha and Another

Court : Kerala

Reported in : 2011(3)KLT409; 2011(3)KHC46

..... of 2010 of the court of learned additional chief judicial magistrate (economic offences), ernakulam (for short, " the acjm") filed by first respondent under section 12 of the protection of women from domestic violence act (for short, "the act"). ..... provisions of the act, jurisdiction is conferred on the magistrate and "magistrate" is defined in section 2(i) of the act as meaning as a judicial magistrate of first class or as the case may be, the metropolitan magistrate, exercising jurisdiction under the code of criminal procedure in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to ..... is clear from section 29 of the act which states that there shall lie an appeal to the court of sessions from the order ..... conferred under section 26 of the act apart from the 'magistrate' above referred, a civil court or family court or criminal court is also empowered to grant relief under sections 18, 19, 20, 21 and 22 of the act. ..... that from the decision of the family court in exercise of power under section 26 of the act, there could be no appeal to the court of sessions under section 29 of the act. ..... court by other enactments also could be exercised by that court, it is not as if the magistrate exercising power under the act and the family court or other court referred to in section 26 of the act empowered to grant certain reliefs in the same position so that case pending in one court could be transferred to other court. .....

Harshakumar and Another Vs. State of Kerala and Others

Court : Kerala

..... is the court of magistrate while discharging functions under the protection of women from domestic violence act (for short, the act) a criminal court inferior to the court of sessions and the ..... 2011 petitioners suffered an order under s.12 of the protection of women from domestic violence act (for short, the act). ..... is conferred under the act on the magistrate and the expression magistrate is defined in s.2(i) of the act as meaning the judicial magistrate of first class, or as the case may be, the metropolitan magistrate, exercising jurisdiction under the code in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken ..... s.2(i) of the act defines magistrate as meaning a judicial officer of first class or as the case may be the metropolitan magistrate exercising jurisdiction under the code in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to ..... in the preamble it is stated that the act is to provide more effective protection to the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or ..... another, 2002 khc 2654 : 2002 crilj 3648 considered the question whether an order passed by the magistrate under s.3(1) of the muslim women (protection of rights on divorce) act, 1986 is revisable under s.397(1) of the code. .....

Baiju and Another Vs. Latha and Another

Court : Kerala

..... is the court of magistrate while discharging functions under the protection of women from domestic violence act (for short, "the act") a criminal court inferior to the court of sessions and ..... protection of women from domestic violence act (for short, "the act") ..... is conferred under the act on the 'magistrate' and the expression 'magistrate' is defined in sec.2 (i) of the act as meaning the judicial magistrate of first class, or as the case may be, the metropolitan magistrate, exercising jurisdiction under the code in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have ..... sec.2(i) of the act defines `magistrate' as meaning a judicial officer of first class or as the case may be the metropolitan magistrate exercising jurisdiction under the code in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to ..... question whether an order passed by the magistrate under sec.3(1) of the muslim women (protection of rights on divorce) act, 1986 is revisable under sec.397(1) of the code. ..... whether an order under sec.3 of the muslim women (protection of rights on divorce) act is revisable under sec.397(1) of the code ..... in the preamble it is stated that the act is to provide more effective protection to the rights of women guaranteed under the constitution who are victims of any kind occurring within the family and for matters connected .....

Dev Raj Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

..... the grievance of the petitioner in this petition is that the learned judicial magistrate ist class, court no.1, dharamshala has no jurisdiction to entertain the complaint in terms of section 27 of the protection of women from domestic violence act, 2005, which provides: 27. ..... be, within the local limits of which- (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (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 oders under this act and to try offences under this act. ..... (2) any order made under this act shall be enforceable throughout india. 2. .....

Fa (iraq) (Fc) (Respondent) Vs. Secretary of State for the Home Depart ...

Court : UK Supreme Court

..... court which alone has direct knowledge of the procedural rules governing actions in the field of employment law must consider both the purpose and the essential characteristics of allegedly similar domestic actions (see palmisani, paragraphs 34 to 38)" [palmisani v istituto nazionale della previdenza sociale (case c-261/95) [1997] ecr i-4025] the court went on to point out (in para ..... domestic legal system of each member state to designate the courts having jurisdiction and to determine the procedural conditions governing actions at law intended to ensure the protection of the rights which citizens have from the direct effect of community law, it being understood that such conditions cannot be less favourable than those relating to similar actions of a domestic ..... and the 1951 refugee convention make clear that the "recognition of refugee status is a declaratory act" of a pre-existing right and, as a result, there is no discretion on the ..... the court of justice to the effect that the protection provided by the national scheme must be equivalent to and as effective as the protection available under the national legal system to victims of insured drivers - evans v secretary of state for the environment, transport and the regions (case c-63/01) [2005] all er (ec) 763; [2004] rtr 534; ..... on asylum grounds but that the issue of whether there would be a "serious and individual threat to his life by reason of indiscriminate violence during internal armed conflict" should be reconsidered. .....

Satender Vs. State

Court : Delhi

..... shri vipin siroha, pw -14 (pinki's counsel) had stated that she had also preferred a complaint under the protection of women from domestic violence act, 2005 against the appellant, which too was pending before the rohini court and was scheduled for hearing on 18.10.2007. ..... pw2 in his examination-in-chief deposed that when they reached the spot they saw "from the gate which was of iron rods having gap in between that accused satender present in the court today (pointed out correctly) was hitting a lady with brick and stone pieces ..... pw-2 stated that when he and pw-1 left for the hospital no other police man from police station narela had reached the spot where the incident occurred. ..... pw-1 and pw-2 rushed to the spot; the iron rod door was bolted from inside but because of the gaps what was going on inside was visible. ..... so far as the testimony of pw- 14 is concerned this court has previously noticed that he deposed having received the telephone call; from pinky's number and also that he was her counsel. ..... the first entry in relation to this case records fir no.553/2007 and the articles seized from the deceased at the time the mlc was prepared. ..... moreover submitted learned counsel, the material placed on record also showed that calls emanated from that mobile number even after pinki's alleged death (at 3.30 pm) i.e. ..... was argued that pw-1's statement could also not be relied upon because he had deposed that having received a call from mobile no.9990951448 which according to him belonged to pinki. .....

Subhash Rani Vs Rakesh Kumar

Court : Punjab and Haryana

..... and petition under section 12 of the ta no.175 of 2011 2 protection of women from domestic violence act, 2005, are pending against the respondent at rupnagar.3. ..... subhash rani', filed by the respondent under section 9 of the hindu marriage act, 1955 (for short `the act'), from the court of learned additional civil judge (sr. ..... the entire record pertaining to the petition under section 9 of the act shall be sent by the trial court at balachaur to the learned district judge, rupnagar, within three weeks, who will either himself dispose it of or entrust it to any other court of competent jurisdiction. ..... the respondent-husband filed a petition under section 9 of the act, which is pending before learned additional civil judge (sr. ..... subhash rani' is withdrawn from the court of learned additional civil judge (sr. ..... rupnagar and the purpose of filing the petition under section 9 of the act is only to harass the applicant.4. ..... in view of the above, the instant transfer application is allowed and the petition under section 9 of the act titled as 'rakesh kumar v. .....

Shaik Fahed Ahmed, Son of Shaik Altaf Ahmed and ors. Vs. Mrs. Mariam F ...

Court : Karnataka

..... respondent has filed petition under section 12 of the protection of women from domestic violence act. ..... circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act. ..... it is his further submission that, from the allegations made in the petition, it is prima facie clear that at some point of time, the respondent lived in domestic relationship, with the petitioners herein, as such, she is an aggrieved person as per section 2(a) of the act and that the allegations further prima facie indicates that she was subjected to various kind of domestic violence as defined under section 3 of the act, therefore, it cannot be said that the petition filed before the learned magistrate ..... 2010 kar 6691 this court has held that making certain allegations against the respondent by itself would not amount to domestic violence in the absence of ixigredienfs of shared household and since there is no proof of petitioner and respondent having lived together or living together at any point of time, it cannot be held that there was a domestic violence, in the case on hand, the allegations made in the petition prima facie indicates that the respondent lived ..... restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the domestic violence act, 2005, to make it specific to males only. 14. ..... 2005 ..... 2005 .....