Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Sorted by: recent Page 96 of about 1,678 results (0.120 seconds)

Muhammed Swalih Vs. State of Kerala

Court : Kerala

..... the petitioners, who are the accused in s.t.no.296 of 2010 on the file of the judicial magistrate of the first class-ii, mavelikkara for an offence punishable under section 31 of the protection of women from domestic violence act, seek anticipatory bail. 2. ..... accordingly, if the first petitioner surrenders before the court below within two weeks from today and files an application for regular bail, the court below shall, preferably on the same date on which the application is filed, release the first petitioner on bail on his executing a bond for `15,000/- (rupees .....

Shumita Didi Sandhu Vs Sanjay Singh Sandhu and ors.

Court : Delhi

..... the protection of women from domestic violence act, 2005, would come into play only when domestic violence takes ..... so holding had virtually dismissed the suit itself without recording any satisfaction on the facts, it would be necessary for us to consider the decisions cited at the bar as also the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said ..... 2008) 106 drj 623 by way of persuasive value to submit that under the protection of women from domestic violence act, 2005, there is no concept of matrimonial home. ..... 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 dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection order.19. ..... 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(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 .....

Mrs.Sabah Sami Khan. Vs. Adnan Sami Khan.

Court : Mumbai

..... the case of domestic violence under section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... (1) while disposing of an application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order-(a) restraining the respondent from 18 wp-6625 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 ..... in india, the wife s right to reside in a shared household is under section 17 of the domestic violence and matrimonial proceedings act, 1976, for which orders under section 19 thereof can be passed. ..... for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it-(a) harms or injures or endangers the health, safety, life, limb or wellbeing, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic ..... came to be amended under section 3 of the domestic violence and matrimonial proceedings act, 1976. ..... this act itself falls squarely within the broad and inclusive definition of the domestic violence under section 3(a) and (d) of the d.v. .....

D. Velusamy. Vs. D. Patchaiammal.

Court : Supreme Court of India

..... having noted the relevant provisions in the protection of women from domestic violence act, 2005, we may point out that the expression `domestic relationship' includes not only the relationship of marriage but also a relationship `in the nature of marriage'. ..... however, the question has also be to be examined from the point of view of the protection of women from domestic violence act, 2005. ..... however, indian society is changing, and this change has been reflected and recognized by parliament by enacting the protection of women from domestic violence act, 2005.38. ..... :"2(a) "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";section 2(f) states :"2(f) "domestic relationship" means a relationship between two persons who live or have, 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 ..... no doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or amend the law. .....

Pooja Saxena Vs State and Another

Court : Delhi

..... roop nagar, as well as in her petition section 24 of the hindu marriage act and in her petition under section 12 of the domestic violence act, 2005 made categoric allegations that demand of dowry as a precondition to marriage was made by the husband and in-laws of the petitioner and pursuant to that demand huge dowry was given which, prima facie, amounts to admission of commission of an offence under section 3 of the dowry prohibition act, 1961 by the petitioner and her parents.6. ..... learned counsel for the petitioner referred to section 7(3) of the dowry prohibition act and contended that aforesaid provision of the act provides for the protection from prosecution to the person aggrieved by the offence under the dowry prohibition act, 1961, as such the learned acmm ought not to have directed the registration of the fir. ..... therefore, she is entitled to the protection of section 7(3) of the act, being the victim of demand of dowry.10. ..... no doubt, as per section 3 of the dowry prohibition act, giving or abetting to give dowry is a punishable offence, but the petitioner does have protection of section 7(3) of the act. ..... in view of the above, i find it difficult to sustain the impugned order dated 10.03.2010 of learned acmm vide which he has directed registration of fir against the petitioner herein ignoring the protection extended to the petitioner under section 7(3) of the dowry prohibition act 1961. .....

Bhupender Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... 1.by the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent.6. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service provider. ..... -(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. .....

Diwan Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

Reported in : AIR2011Del76(FB)

..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... 1.by the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent. 6. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service provider. ..... - (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. .....

ChanmuniyA. Vs. Virendra Kumar Singh Kushwaha and anr.

Court : Supreme Court of India

..... the larger bench may consider also the provisions of the protection of women from domestic violence act, 2005. ..... to the provisions of domestic violence act, 2005?3. ..... relationships in the nature of marriage within the definition of `domestic relationship' under section 2(f) of the act.42.therefore, women in live-in relationships are also entitled to all the reliefs given in the said ..... the power to award compensation to the aggrieved person, in addition to other reliefs granted under the act.40.in terms of section 26 of the act, these reliefs mentioned above can be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent.41.most significantly, the act gives a very wide interpretation to the term `domestic relationship' as to take it outside the confines of a marital relationship, and even includes live-in ..... to us that the same view is confirmed by section 26 of the said act of 2005.44.we believe that in light of the constant change in social attitudes and values, which have been incorporated into the forward-looking act of 2005, the same needs to be considered with respect to section 125 of cr.p.c. .....

Abdul Rub and ors. Vs Razia Begum

Court : Delhi

..... razia begum widow of the deceased abdul rauf and other has been filed by her father-in-law, brothers-in-law and others who were made respondents in the application under section 22 of protection of women from domestic violence act, 2005 (in short domestic violence act) by razia begum. 1). ..... it has to be noticed that although domestic violence act is not a penal law but it is a peculiar act where non-compliance of the order passed under the act has been made as an offence under section 31 of the act and an fir can be registered against the person who does not comply with the order and this offence is triable by the same magistrate who passed the interim order for protection or maintenance. ..... . it is expected from the trial court that before passing an order under domestic violence act, it must be satisfied that there existed a domestic relationship between the petitioner and the respondent ..... . the trial court and the sessions judge passed interim orders without satisfying themselves of basic requirement of domestic violence act that the order can be passed only against the 'respondents' who had been in 'domestic relationship' with the 'aggrieved person' ..... the order of learned mm passed under section 22 of domestic violence act shows that the order was passed against five male respondents and all woman respondents seem to have been dropped. ..... in her application under domestic violence act, razia begum had made 11 respondents and she specified her relations with respondents as under:2). .....

Razia Begum Vs State Nct of Delhi and ors.

Court : Delhi

..... razia begum widow of the deceased abdul rauf and other has been filed by her father-in-law, brothers-in-law and others who were made respondents in the application under section 22 of protection of women from domestic violence act, 2005 (in short domestic violence act) by razia begum. 1). ..... it has to be noticed that although domestic violence act is not a penal law but it is a peculiar act where non-compliance of the order passed under the act has been made as an offence under section 31 of the act and an fir can be registered against the person who does not comply with the order and this offence is triable by the same magistrate who passed the interim order for protection or maintenance. ..... . it is expected from the trial court that before passing an order under domestic violence act, it must be satisfied that there existed a domestic relationship between the petitioner and the respondent ..... . the trial court and the sessions judge passed interim orders without satisfying themselves of basic requirement of domestic violence act that the order can be passed only against the 'respondents' who had been in 'domestic relationship' with the 'aggrieved person' ..... the order of learned mm passed under section 22 of domestic violence act shows that the order was passed against five male respondents and all woman respondents seem to have been dropped. ..... in her application under domestic violence act, razia begum had made 11 respondents and she specified her relations with respondents as under:2). .....