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Judgment Search Results Home > Cases Phrase: domestic violence Page 1 of about 5,045 results (0.021 seconds)

Mar 23 2011 (HC)

Mr.ishpal Singh Kahai Vs. Mrs.Ramanjeet Kahai

Court : Mumbai

..... section 19(1) together, a holistic view of the protection of the victim is granted under the beneficial social legislation which seeks to remedy the malaise of domestic violence in a domestic relationship.36.it may be mentioned that the orders required to be passed by a magistrate can also be passed by the family court, as the jurisdiction under ..... magistrate has been approached to assist in the implementation of the protection order.35.hence notwithstanding the law relating to ownership of immovable property any victim of domestic violence in a domestic relationship would require to be granted the protective right of residence in the shared household, including the protection against dispossession therefrom whether or not she has any ..... which runs thus:19. residence orders. (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 dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether ..... or development of the aggrieved person and includes assault, criminal intimidation and criminal force.under explanation ii to section 3 for determining the commission of an act constituting domestic violence the overall facts and circumstances of the case shall be taken into consideration.the dv act thus grants protection against any form of aggression mental, physical, or emotional .....

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Feb 29 2012 (HC)

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and anr

Court : Andhra Pradesh

..... 1973 and any consequential requirement of complying with any procedural safeguards will depend upon the factual conclusions that will be arrived at during trial. 39. thus, neither the domestic violence case nor the criminal case appear to be susceptible to being quashed in exercise of the inherent powers of this court under section 482 of the code of criminal ..... of multiplicity of proceedings with the same factual background, if they are otherwise permissible in law. such situation did not arise in this case and the maintainability of both the domestic violence case and the criminal case simultaneously, therefore, cannot be in question. in fact, the learned judge in a. sreenivasa rao v. state of andhra pradesh (23 supra) ..... under the protection of women from domestic violence act, 2005 (for short "the act") against the petitioners in criminal petition no.2539 of 2009. she also desired for cancellation of the passport of the 1st petitioner, ..... on the file of xi metropolitan magistrate, cyberabad initiated against them by saritha who is impleaded as the 2nd respondent in criminal petition no.2539 of 2009. 6. in the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs .....

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Dec 13 2011 (HC)

Saraswathy Vs. Babu

Court : Chennai

..... force on 2005. it cannot be disputed that several wrongful actions which might have amounted to offences such as cruelty and demand for dowry cannot have taken the description of domestic violence till such time the act came into force. in other words the offending acts could have been construed as offences under other enactments but could not have been construed as ..... citizens under article 14 of the constitution but would also result in denying the benefit of the beneficial provisions of the act to the women who have been subjected to domestic violence and are compelled to live separately from the respondent on account of his own acts of omission or commission. such an interpretation would at least partly defeat the legislative intent ..... of protection order or interim protection order. 16. since andhra pradesh high court and madhya pradesh high court have neither considered that the act does not make any act of domestic violence or any other act punishable and it is only the contravention of an order passed under the provisions of the act, which has been made punishable under section 31 of ..... the magistrate held the petitioner entitled to a shared household. he also held the petitioner entitled to get protection under section 18 and prohibited the respondent from committing acts of domestic violence by not allowing the petitioner to share household with him. the respondent also was directed to pay maintenance in a sum of rs.2000/- per month. against such finding of .....

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Jun 02 2009 (HC)

Afzalunnisa Begum W/O. Late Mohd. Abdul Salam Vs. the State of A.P. Re ...

Court : Andhra Pradesh

Reported in : 2009CriLJ4191

..... 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.4. the bill, inter alia, seeks to provide for the following:(i) it covers those women who are or have been in a relationship ..... of the act as explained in the statement of objects and reasons under bill no. 116 of 2005 for passing the act was placed before the parliament are as under:domestic violence is undoubtedly a human rights issue and serious deterrent to development. the vienna accord of 1994 and the beijing declaration and the platform for action (1995) have acknowledged this. the ..... act as specified in the protection order.19 residence orders.(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 dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether ..... -law of the petitioner against her husband (1st respondent in dvc) and the petitioner herein claiming reliefs under sections 18, 19(a) & (b), 20(1)(d) and for compensation alleging domestic violence.crl. petition no. 8495/2008 is filed by the petitioners for quashing the proceedings in dvc no. 7/2008 on the file of iv additional metropolitan magistrate, visakhapatnam, which was .....

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Aug 09 2011 (HC)

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

Court : Mumbai Nagpur

..... continued deprivation of economic or financial resources and continued prohibition or denial of access for the shared household, maintenance etc. to the aggrieved person can come within definition of "domestic violence" explained in chapter ii of the act. protection under the act becomes available to the wife/applicant, who was driven out from her husband's shared household prior to ..... reasoned judgment and order, which petitioner has impugned herein. 8. 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 ..... no. 1 is also married with one shamrao tajne. 7. 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. 1,000/- to gangubai and sum of rs. 500/- ..... the age of majority i.e. 18 years and is not entitled for the maintenance. 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. 17/2008, in the court of judicial magistrate, first class, pombhurna, district chandrapur. sau. gangubai .....

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Sep 16 2008 (HC)

Abhijit Bhikaseth Auti Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 2009CriLJ889

..... application under section 12 the said act can be broadly classified as under:(i) protection orders under section 18 which are for preventing the respondent from committing an act of domestic violence;(ii) residence orders under section 19;(iii) monetary relief under section 20 which includes maintenance, loss of earnings, medical expenses and loss caused due to destruction, damage or removal of ..... (3) of section 12 provides that every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed. the protection of women from domestic violence rules, 2006 (hereinafter referred to as the said rules) have been framed under the said act. rules 6 and 7 are the relevant rules which lay down the procedure. the ..... . 4, pune seeking protection order under section 18 of the said act. the prayer in the said application is that the petitioner should be prohibited from committing any act of domestic violence and also from causing any kind of alienation of the said flat and from causing any disposition of the said flat or any encumbrance thereto and from preventing the 2nd ..... on the last date. following questions arise for consideration in this petition:(i) whether an order passed on an application made under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the said act') is appealable under section 23 of the said act?(ii) whether an appeal will lie under section 29 of the said .....

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Aug 26 2008 (HC)

Rajkumar Rampal Pandey Vs. Sarita Rajkumar Pandey

Court : Mumbai

Reported in : 2008(6)BomCR831

..... by the respondent-wife against the petitioner-husband.4. the respondent-wife moved an application before the family court, bandra under section 26 of the protection of women from domestic violence act, 2005 ('the domestic violence act' for short) to seek declaration that she has a right to reside in the shared house i.e. residential flat no. a-102, 'om adarsh co ..... court, after hearing both parties, was pleased to partly allow the application with the result the petitioner-husband and all relatives were permanently restrained from committing any act of domestic violence and in turn rejected prayer of respondent-wife to prevent the petitioner's mother and sister from entering in the shared household.being aggrieved by the aforesaid order, to the ..... under article 227 of the constitution of india as stated hereinabove.rival contentions:7. the learned counsel appearing for the petitioner urged that the application under section 26 of the domestic violence act was not maintainable and that the subject-flat cannot be termed as the shared household. he submits that the petitioner's father was an employee of the bombay ..... interest in the shared household.'section 19. residence orders.(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) ..(b)..(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved .....

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Aug 20 2008 (HC)

Vishal Damodar Patil Vs. Vishakha Vishal Patil

Court : Mumbai

Reported in : 2009CriLJ107

..... are rules framed by the central government in exercise of power conferred by section 37 of the said act. the said rules are known as the protection of women from domestic violence rules, 2006 (hereinafter referred to as the said rules). in view of sub-rule (1) of rule 6, an application under section 12 of the said act is required to ..... order against the respondent in the application under section 12(1) of the said act. the said prohibitory order is essentially for preventing the respondent from committing an act of domestic violence or from preventing commission of any act as. specified in the protection order. section 19 empowers the magistrate to pass a residence order. under the said section the learned magistrate ..... submissions, it will be necessary to refer to the facts of the case in brief.the first respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). the learned magistrate passed an order on 4th january, 2008 on the said application directing the petitioner-husband to pay interim ..... application made by the aggrieved person prima facie discloses that the respondent to the said application is committing or has committed an act of domestic violence or there is a likelihood that the respondent may commit an act of domestic violence. sub-section (2) of section 23 read with rule 7 clearly shows that there is no requirement of filing a separate application for .....

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Sep 04 2007 (HC)

Chithrangathan Vs. Seema

Court : Kerala

Reported in : I(2008)DMC365

..... only on an affidavit by an 'aggrieved person' and such affidavit has to be filed in form no. iii of the protection of women from domestic violence rules, 2006 ('the rules' for short). when under section 12 of the act the magistrate can be approached not only by an aggrieved person but ..... cr.p.c. read with section 399(2), cr.p.c. since the impugned order is appealable under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the pwdv act' for short).3. advocate mr. m. balagovindan, the learned counsel for the revision petitioner, maintained ..... that the application discloses that the respondent to the application is committing or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, the magistrate is empowered to grant an ex parte order (ad interim order) on the basis of ..... satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may ..... right to reside in a shared household.-(1) notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same .....

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Aug 25 2009 (HC)

Archana Hemant Naik Vs. Urmilaben I. Naik and anr.

Court : Mumbai

Reported in : 2010CriLJ751

..... the said act which reads thus:19. residence orders - (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 dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether ..... said act, different kinds of reliefs can be granted to the aggrieved persons. the said reliefs are as under:(a) protection order under section 18 for prohibiting acts of domestic violence.(b) residence orders under section 19, in relation to a shared household(c)monetary reliefs under section 20 in the nature of medical expenses or maintenance etc.(d) custody ..... the respondent and who alleges to have been subjected to any act of domestic violence by the respondent. under section 2 of the said act, 'domestic violence' has been defined by clause (g) which provides that 'domestic violence' has the same meaning assigned under section 3.section 3 reads thus:3. definition of domestic violence-for the purposes of this act, any act, omission or commission ..... including access to the shared household. explanation ii-for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes 'domestic violence' under this section, the overall facts and circumstances of the case shall be taken into consideration.4. the word - respondent. has been defined by section 2(q) which .....

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