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...2015 SCC OnLine Hyd 518 of the High Court affirming the order of the trial court. This appeal is, thus, devoid of any merits and is, accordingly, dismissed with ...consideration in the instant case is whether a court dealing with the petition/complaint filed under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as...)(c) of the DV Act which is registered as Domestic Violence Case No. 20 of 2008. It may be mentioned here that the said petition now stands transferred to the Court of Judicial First Class Magistrate...
...2012, the High Court dismissed the writ petition preferred by the appellant and upheld the order dated 3-11-2012 passed by the Additional Sessions Judge, Sewree, Mumbai whereby the Sessions Judge...writ petition was filed by the first respondent bearing Writ Petition No. 1961 of 2007 seeking quashing of the FIR. The High Court dismissed Criminal WP No. 1961 of 2007 the said writ petition and the...held that the application filed by the appellant under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the Domestic Violence Act, 2005”) is not maintainable...
...Shyamlal Devda v. Parimala 2019 SCC OnLine Kar 2905 in and by which the High Court has dismissed the petition filed by the appellants stating...Crl. Misc. No. 53 of 2015 on the file of the MMTC-VI at Bengaluru. Vide the impugned judgment 2019 SCC OnLine Kar 2905, the High Court dismissed the petition by holding that in the...that the Metropolitan Magistrate, Bengaluru has the jurisdiction to entertain the complaint filed by the respondent under Sections 18, 19 and 20 of the Protection of Women from Domestic Violence Act...
..., find no reason to interfere with the judgment ILR 2012 KAR 218, (2012) 109 AIC 602 of the High Court and the appeal is accordingly dismissed....amount to a “relationship in the nature of marriage” falling within the definition of “domestic relationship” under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 (for short...“the DV Act”) and the disruption of such a relationship by failure to maintain a woman involved in such a relationship amounts to “domestic violence” within the meaning of Section 3 of the DV Act...
...resides—parental home. The review petition was also dismissed 2014 SCC OnLine Bom 4669. The High Court has taken the view that...maintenance, the second under the Prevention of Domestic Violence Act, 2005, and the third under Section 498-A of the Penal Code, 1860 and other related provisions, pending at Barshi, and one on the civil...
...16th August, 2007, was challenged by Respondent No.1 in Crl. Appeal No.115 of 2007 before the learned Sessions Judge, Amravati, who by his order dated 2nd May, 2008, dismissed the said appeal. Aggrieved...the order dated 16th August, 2007 of the Judicial Magistrate, First Class, Amravati and the order dated 2nd May, 2008 of the Sessions Judge, Amravati. The said application was dismissed by the High...was dismissed by the learned Magistrate on 14th July, 2008 holding that it was not maintainable. Thereupon, the Respondent Nos.2 and 3 filed Crl. Appeal No.159 of 2008 on 11th August, 2008, under...
...passed by the High Court of Judicature of Madras. By the impugned judgment Criminal Revision No. 1321 of 2010, the High Court dismissed the criminal revision case filed by the appellant and thus affirmed..., Tamil Nadu for dissolution of the marriage between the appellant and the respondent.5. On 5-4-2006 the learned Principal Subordinate Judge, Chengalpattu, Tamil Nadu dismissed...came into force. The High Court dismissed the revision application.16. From the bare perusal of the impugned judgment Criminal Revision No. 1321 of 2010 passed by the High...
..., the case is pending since more than one year. That apart, no justifiable grounds are projected to effect transfer.
4. Hence, the Transfer Criminal Petition is dismissed.
5. Miscellaneous petitions pending, i...for the petitioners. Learned counsel for the petitioners states that the petitioners are the respondents in the Domestic Violence Case in question and to harass the petitioners, the 2 respondent filed...Domestic Violence Case at L.B. Nagar Court and the petitioners are facing difficulty in attending the Court for each and every adjournment and therefore, transfer, as prayed for, may be effected...
...Violence Act was nothing but a gross misuse of the Act and I consider that she was rightly denied the interim relief of residence in the property left by her father. Petition is hereby dismissed....Section 12 of Protection of Women from Domestic Violence Act making her brother and his wife as respondents. She sought an interim order...Protection of Women from Domestic Violence Act by the petitioner taking shelter of domestic relationship and domestic violence needs to be considered so that this Act is not misused to settle property...
...not have been appropriate for the Court of MM under Domestic Violence Act to initiate simultaneous adjudication in respect of Istridhan and dowry articles, when another court was seized with the matter.6. I, therefore,...Shiv Narayan Dhingra, J.:— This Revision Petition has been filed by the petitioner against an order dated 20th May, 2010 whereby learned Additional Sessions Judge (ASJ) dismissed an appeal...filed by the petitioner against the order of learned Metropolitan Magistrate (MM) partly allowing, the application under Protection of Women from Domestic Violence Act, 2005 (‘Domestic Violence Act...
..., dismissed. 13 At this stage, the learned Advocate for the Petitioner/husband prays for continuation of stay granted by this Court earlier for a period of seven weeks. Though.... He argued that allowing the application for transfer would amount to curtailing statutory right of the wife to prefer an appeal challenging Orders passed in the Domestic Violence Act proceedings...18 to 22 of the Domestic Violence Act, 2005 vide Section 26 of the said Act. In the matter of Mrs.Pramodini Fernandes (supra), as seen from paragraph 6 of the said Judgment, an order came to...
...jurisdiction under section 482 of the Code of Criminal Procedure, to quash a proceeding initiated under section 12(1) of the Act. The petition is dismissed.25. Petition Dismissed....section 12 of Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as the-Act) is the petitioner. Respondents 1 and 2 are t...allegations in Annexure A complaint do not disclose or prove any domestic violence as defined under section 3 of the Act, and first respondent has no right over the property of the petitioner and it is not...
...the petitioner under section 300 Cr.P.C, he can urge the ground of acquittal while arguing the case under the Domestic Violence Act on merits. Giving this liberty, the petition is dismissed. Sd/- JUDGE ...the Magistrate on the application made by the petitioner under section 300 Cr.P.C. 3. In the proceedings under section 12 of the Protection of Women from Domestic Violence Act, the...section 12 of the Protection of Women from Domestic Violence Act. 4. It is not disputed that the enquiry in the domestic violence case under section 12 is over and it appears that the...
...lodging the complaint of domestic violence. Her sister's house is a place where she has taken shelter and temporarily resides. I, therefore, find that there is no force in this petition. The petition is hereby dismissed wit...learned Magistrate taking cognizance of a complaint under Section 12 of The Protection of Women from Domestic Violence Act, 2005 (in short, “the Act”).2. The contention raised by the learned...remained at Lucknow, occasionally, she went to Shillong where petitioner i.e husband of the complainant-wife/was posted. The incident of domestic violence, if any, had taken place in Lucknow and nothing...
...Crl. Appeal No. 115 of 2007 before the learned Sessions Judge, Amravati, who by his order dated 2-5-2008, dismissed the said appeal. Aggrieved by the orders passed by the learned Sessions Judge...-5-2008 of the Sessions Judge, Amravati. The said application was dismissed by the High Court on 4-9-2009.5. In the meanwhile, Respondent 2 filed an application in Misc. Crl...of Respondent 2. The said application for modification was dismissed by the learned Magistrate on 14-7-2008 holding that it was not maintainable.6. Thereupon, Respondents 2...
...Domestic Violence Act, 2005. The revision is, accordingly, dismissed.15. Revision Dismissed....party No. 2 was dismissed as not maintainable by the Civil Judge (Junior Division)/Judicial Magistrate, Moth, Jhansi, by its order dated 22.2.2010, on the ground that violence/harassment, alleged in the...Domestic Violence Act, 2005 in the Court of Judicial Magistrate, Moth, Jhansi with allegations that she was married to Preetam Singh (the revisionist No. 1 herein) about 30 years ago and out of...
...been dismissed, however, the petitioners have been directed to file a reply of application under Section 12 of the Domestic Violence Act. When the learned Court below prima...Violence Act. Learned JMFC, Gwalior has dismissed the application filed under Section 23 of the Protection of Women...petitioners in MJC No. 36/2012 vide order dated 9.11.2012 under Section 12 of the Protection of Women from Domestic Violence Act, 2005.2. Brief facts of the petition are that respondent had...
...SLP against the said judgment having been dismissed SLP (Cri) Crl. MP No. 10014 of 2012 by the Supreme Court, her stand was that it would be open to a mother-in-law to file a complaint against her...the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the 2005 Act”).2. On 3-4-2007, Kusum Narottam Harsora and her mother, Pushpa Narottam...household” in clauses (a), (f) and (s) of Section 2 of the DV Act. If so read, the complaint alleging acts of domestic violence is maintainable not only against an adult male person who is son or...
...allowed the appeal and dismissed the temporary injunction application.11. Aggrieved, Smt Taruna Batra filed a petition under Article 227 of the Constitution which was disposed....Contempt Petition (C) No. 38 of 200632. In view of the judgment given above, the contempt petition stands dismissed....then relied upon the Protection of Women from Domestic Violence Act, 2005. He stated that in view of the said Act respondent Smt Taruna Batra cannot be dispossessed from the second floor of the property...
...criminal appeal against the said order of the learned Magistrate. The said Criminal Appeal was also dismissed on 9th December, 2013.
6. As already stated, the question that arises...of the Protection of Women from Domestic Violence Act, 2005 if the trial Magistrate has come to a conclusion that the domestic violence has not been proved.
4. Admittedly, the...petitioner is husband of respondent No.1 and father of respondent Nos.2 and 3. Respondent Nos.1, 2 and 3 filed an application under Section 12 of the Domestic Violence Act...