Court : Karnataka
..... the respondent has filed petition under section 12 of the protection of women from domestic violence act, 2005. ..... 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. ..... no restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the domestic violence act. ..... it is prima facie clear that at some point of time, the respondent lived in domestic relationship, with the peiitioners herein, as such, she is an aggrieved person as per section 2(a) of the act and that the allegal ions 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 is not maintainable.6) i have bestowed my anxious consideration to the submissions made ..... as could be seen from the preamble of the act, the act was brought into force to provide more effective protection to the rights of the women guaranteed under the constitution who are victims of violence of many kind occurring within the family. .....
Tag this Judgment!Court : Delhi
..... the directions contained in that judgment, the court had upheld the right of the plaintiff in one of the suits, (hereafter referred to as "eveneet") to residence in terms of section 17 of the protection of women from domestic violence act, 2005 (hereafter referred to as "the domestic violence act"). ..... order to facilitate and effectuate this order, the parties are directed to appear before the court handling the complaint under the domestic violence act, on 4th january, 2011, which shall oversee that prashant complies with section 19 (1)(f), within ten weeks from today. ..... as held earlier,though eveneet has made a complaint under the domestic violence act, in which orders have not been made, yet this court also has concurrent jurisdiction under section 26 to make appropriate orders in this regard, and mould the ..... (os) 341/2007 (decided on 26.10.2010), as well as section 19(1)(f) of the domestic violence act, and instead directed that she ought to be given alternative accommodation. ..... to the court dealing with the complaint under the domestic violence act was purely a facilitating mechanism. ..... no doubt under an obligation to offer alternative accommodation - this process was to be monitored by the court dealing with the complaint under the domestic violence act. 8. ..... pointed-out that eveneet's rights having been declared in para 19 of the judgment, and the matter has to be relegated for appropriate effectuation by the magistrate dealing with the complaint under the domestic violence act. .....
Tag this Judgment!Court : Rajasthan Jaipur
..... contention of learned counsel for petitioner is that there was a matrimonial dispute between petitioner and deceased for offence under section 12 of the protection of women from domestic violence act, 2005, which was filed at the instance of deceased. 2. .....
Tag this Judgment!Court : Andhra Pradesh
..... , perhaps the proceedings under domestic violence act are quasi-criminal proceedings. ..... added to it, the 2nd respondent is silent as to the dates when the alleged violations under the domestic violence act have occurred. ..... viewed in this angle, the 2nd respondent is not entitled to proceed against the petitioner under the provisions of the domestic violence act. ..... i do not agree with this contention of the learned counsel for the petitioner for the reason that the protection envisaged by the article 20(2) of the indian constitution as well as by section 300 cr.p.c. ..... , which is a protection against the double jeopardy would apply if both the proceedings are criminal in nature, whereas the proceedings in d.v.a.no.18 of 2007 cannot be considered to be criminal proceedings. ..... she was indeed successful in obtaining an order from the court granting maintenance in her favour. ..... 2.as there is prior litigation between the parties, the 2nd respondent laid m.c.no.175 of 2003 seeking for maintenance from the 1st petitioner herein. ..... 5.it may be noticed that d.v.a.no.18 of 2007 itself was filed after the 1st petitioner obtained divorce from the 2nd respondent. .....
Tag this Judgment!Court : Andhra Pradesh
..... , perhaps the proceedings under domestic violence act are quasi-criminal proceedings. ..... added to it,the 2nd respondent is silent as to the dates when the alleged violations underthe domestic violence act have occurred. ..... viewed in this angle, the 2ndrespondent is not entitled to proceed against the petitioner under theprovisions of the domestic violence act.7. ..... , which is a protection against the double jeopardy would apply ifboth the proceedings are criminal in nature, whereas the proceedings ind.v.a.no.18 of 2007 cannot be considered to be criminal proceedings. ..... shewas indeed successful in obtaining an order from the court granting maintenancein her favour. ..... as there is prior litigation between the parties, the 2nd respondent laidm.c.no.175 of 2003 seeking for maintenance from the 1st petitioner herein. ..... it may be noticed that d.v.a.no.18 of 2007 itself was filed after the 1stpetitioner obtained divorce from the 2nd respondent. .....
Tag this Judgment!Court : Karnataka
..... filed under section 482 cr.p.c, the petitioners have sought for quashing the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005 (for short the act') in crl.misc.no. ..... and 3 have no relationship whatsoever with respect to the allegations made in the petition since they resided about 350 kms away from the matrimonial home of the respondent while she was residing with the first petitioner in chennai, therefore, the allegations made in the petition with regard to the alleged domestic violence are all concocted only to make a ground for seeking the reliefs with the first petitioner; that on account of harassment ..... meted out to the first petitioner by the respondent, he was forced to resign from his job as such he is now without any job and is residing with his parents at. ..... filed under section 12 of the act, the respondent has made several allegations of domestic violence perpetrated on her by the petitioners ..... said mattes was still pending, the respondent herein filed petition under section 12 of the act against the petitioners herein. ..... the proceedings initiated by the respondent before the criminal court under section 12 of the act is liable to be quashed.4. .....
Tag this Judgment!Court : Jharkhand Ranchi
..... the parties i find that preliminary objection which was raised on behalf of the petitioner-husband on the point of maintainability of the complaint petition filed by the complainant-opposite party no.2 under section 12 of the protection of women from domestic violence act, 2005 was turned down by the sdjm ranchi on the ground that the marriage between the parties was not disputed though same has been challenged under section 25 of the special marriage ..... filed by the complainant-opposite party no.2 on 6.5.2010 in the court of cjm ranchi under section 12 of the protection of women from domestic violence act, 2005 was that she was a muslim woman by faith whereas the petitioner ayushman pandey was a brahmin(hindu) and both solemnized love marriage on 8.12.2008 itself before the marriage officer under the act xliii of 1954 at neturis block, purulia(west bengal), to which a certificate of marriage was granted to both spouse ..... certificate which did not draw inference to presume that in the given allegation, an offence could be made out under the protection of women from domestic violence act,2005.as a matter of fact, the complainant could not be stated to be an aggrieved person as defined under section 2(a) of the d act as she never lived with the petitioner-husband in domestic relationship as defined in section 2(f) or in a shared household as defined in section 2(s) of the act , as such, complaint of the complainant was liable to be rejected on the point of maintainability . mr. .....
Tag this Judgment!Court : Karnataka
..... 19 and 20 of the protection of women from domestic violence act, which is pending in c.mis.no.34/2009 seeking maintenance.4. ..... in appearing before the court at maddur, where the petition is filed by her husband seeking restitution of conjugal rights and she has also not expressed any difficulty either in contesting the case before maddur or travelling from mysore to maddur on all dates of hearing, either due to financial constraints or for any other reasons. 6. ..... 1/2010 under section 9 of the hindu marriage act, 1955 and the said petition is filed before the civil judge (sr.dn. ..... it is her case that already two petitions are pending in the court of mysore, and the petition filed by her husband seeking restitution of conjugal rights also be transferred from the court of civil judge (sr.dn. ..... petition seeking declaration regarding custody of her children under section 7 of the guardian and wards act, 1890 in g & w.23/2009. .....
Tag this Judgment!Court : Punjab and Haryana
..... and petition under section 12 of the protection of women from domestic violence act, 2005, filed by the applicant are pending adjudication ..... the entire record pertaining to the petition under section 9 of the act shall be sent by the trial court at ambala to the learned district judge, ludhiana, within three weeks, who will either himself dispose it of or entrust it to any other court of competent ..... respondent is already appearing in the two petitions filed by the applicant at ludhiana, i feel that no prejudice is going to be caused to the respondent in case the present application is allowed and the petition under section 9 of the act filed by the respondent is also shifted to ludhiana. ..... manju sharma', filed by the respondent, from the court of learned additional district judge, ambala, to the court of competent jurisdiction at ..... manju sharma' under section 9 of the act, pending in the court of learned additional district judge, ambala, deserves to be transferred to ..... , the applicant-wife has preferred the instant application under section 24 of the code of civil procedure, praying for transfer of the petition under section 9 of the hindu marriage act, 1955 (for short `the act'), titled as 'ravinder sharma v. ..... manju sharma' is withdrawn from the court of learned additional district judge, ambala, and is transferred to the court of competent jurisdiction ..... of the above, the instant transfer application is allowed and the petition under section 9 of the act titled as 'ravinder sharma v. .....
Tag this Judgment!Court : Mumbai
..... passed.2.though the petition is not expressly stated to be filed under the provisions of the protection of women against domestic violence act (dv act), the substantial interim reliefs are available to the wife under it and it is gratifying to note that the learned judge has impliedly treated the interim application as one also under the dv act and granted reliefs.3.the wife s essential case is that her husband is an inveterate and ..... therefore, expressly excludes the consideration of ownership rights as a condition for determining whether or not a particular property is a shared household.26.the dv act grants protection to women in a shared household (or matrimonial home) in case of any domestic violence perpetrated upon her therein.27.under the relevant portion of section 3 of the dv act, domestic violence is defined inter alia as the omission or commission or conduct of the respondent which:(a) harms or injures or endangers the health, safety, life ..... under section 1(1) of the said act, an injunction could be issued restraining the other party from molesting the applicant or her children as also from excluding the other party from the matrimonial home or any part thereof and from permitting the applicant to enter into the matrimonial home or any part thereof.under section 2 of the said act, where an injunction restraining violence or excluding the other party is ..... appi reddy 2005 3 scc 313, since prior to the enactment of the dv act, in this case the wife has claimed and been .....
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