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Home Bare Acts Phrase: protective orderProtection of Women from Domestic Violence Act, 2005 Section 31
Title: Penalty for Breach of Protection Order by Respondent
State: Central
Year: 2005
(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. (2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused. (3) While framing charges under sub-section (1), the Magistrate may also frame charges under section 498A(45 of 1860) of the Indian Penal Code or any other provision of that Code or the Dowry Prohibition Act, 1961(28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.
View Complete Act List Judgments citing this sectionProtection of Women from Domestic Violence Act, 2005 Section 18
Title: Protection Orders
State: Central
Year: 2005
.....attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact; (e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved 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.
View Complete Act List Judgments citing this sectionProtection of Women from Domestic Violence Act, 2005 Chapter IV
Title: Procedure for Obtaining Orders of Reliefs
State: Central
Year: 2005
.....respondent. Section 24 - Court to give copies of order free of cost The Magistrate shall, in all cases where he has passed any order under this Act, order that a copy of such order, shall be given free of cost, to the parties to the application, the police officer in-charge of the police station in the jurisdiction of which the Magistrate has been approached, and any service provider located within the local limits of the jurisdiction of the court and if any service provider has registered a domestic incident report, to that service provider. Section 25 - Duration and alteration of orders (1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge. (2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate. Section 26 - Relief in other suits and legal proceedings (1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any.....
View Complete Act List Judgments citing this sectionProtection of Women from Domestic Violence Act, 2005 Chapter III
Title: Powers and Duties of Protection Officers, Service Providers, Etc.
State: Central
Year: 2005
.....the control and supervision of the Magistrate, and shall perform the duties imposed on him by the Magistrate and the Government by, or under, this Act. Section 10 - Service providers (1) Subject to such rules as may be made in this behalf, any voluntary association registered under the Societies Registration Act, 1860(21 of 1860) or a company registered under the Companies Act, 1956 or any other law for the time being in force with the objective of protecting the rights and interests of women by any lawful means including providing of legal aid, medical, financial or other assistance shall register itself with the State Government as a service provider for the purposes of this Act. (2) A service provider registered under sub-section (1) shall have the power to- (a) record the domestic incident report in the prescribed form if the aggrieved person so desires and forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction in the area where the domestic violence took place; (b) get the aggrieved person medically examined and forward a copy of the medical report to the Protection Officer and the police station within the local limits of which.....
View Complete Act List Judgments citing this sectionProtection of Women from Domestic Violence Act, 2005 Complete Act
Title: Protection of Women from Domestic Violence Act, 2005
State: Central
Year: 2005
..... Section13 - Service of notice Section14 - Counselling Section15 - Assistance of welfare expert Section16 - Proceedings to be held in camera Section17 - Right to reside in a shared household Section18 - Protection orders Section19 - Residence orders Section20 - Monetary reliefs Section21 - Custody orders Section22 - Compensation orders Section23 - Power to grant interim and ex parte orders Section24 - Court to give copies of order free of cost Section25 - Duration and alteration of orders Section26 - Relief in other suits and legal proceedings Section27 - Jurisdiction Section28 - Procedure Section29 - Appeal Chapter V Section30 - Protection Officers and members of service providers to be public servants Section31 - Penalty for breach of protection order by respondent Section32 - Cognizance and proof Section33 - Penalty for not discharging duty by Protection Officer Section34 - Cognizance of offence committed by Protection Officer Section35 - Protection of action taken in good faith Section36 - Act not in derogation of any other law Section37 - Power of Central Government to make rules
List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Section 25
Title: Protection Order
State: Central
Year: 1909
.....prison for any debt to which such order shall apply, and any insolvent arrested or detained contrary to the terms of such order shall be entitled to his release: Provided that no such order shall operate to prejudice the right of any creditor in the event of such order being revoked or the adjudication annulled. (4) Any creditor shall be entitled to appear and oppose the grant of a protection order, but the insolvent shall be prima facie entitled to such order on production of a certificate signed by the official assignee that he has so far conformed to the provisions of this Act. (5) The Court may make a protection order before an insolvent has submitted his schedule if it thinks it necessary to do so in the interests of the creditors.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 60
Title: Decree for Separation or Protection-order Valid as to Persons Dealing with Wife Before Reversal
State: Central
Year: 1869
.....discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates of such decree or order, and of the reversal, discharge or variation thereof. Indemnity of persons making payment to wife without notice of reversal of decree or protection order. All persons who in reliance on any such decree or order make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued. unless, at the lime of payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance.....
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Chapter 6
Title: Protection-orders
State: Central
Year: 1869
.....High Court" omitted by Act 51, 2001, section 18 (w.e.f. 3-10-2001). Section 28 - Court may grant protection-order The Court, if satisfied of the fact of such desertion, and that the same was without reasonable excuse, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order protecting her earnings and other property from her husband and all creditors and persons claiming under him. Every such order shall state the time at which the desertion commenced, and shall, as regards all persons dealing with the wife in reliance thereon, be conclusive as to such time. Section 29 - Discharge or variation of orders The husband or any creditor of, or person claiming under him, may apply to the Court by which such order was made for the discharge or variation thereof, and the Court, if the desertion has ceased, or if for any other reason it thinks fit so to do, may discharge or vary the order accordingly. Section 30 - Liability of husband seizing wife's property after notice of order If the husband, or any creditor of, or person claiming under, the husband, seizes or continues to hold any property of the wife after.....
View Complete Act List Judgments citing this sectionProtection of Women from Domestic Violence Act, 2005 Section 19
Title: Residence Orders
State: Central
Year: 2005
.....Magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence. (4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973(2 of 1974) and shall be dealt with accordingly. (5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may also pass an order directing the officer in charge of the nearest police station to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order. (6) While making an order under sub-section (1), the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties. (7) The Magistrate may direct the officer in-charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of the protection order. (8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other property or.....
View Complete Act List Judgments citing this sectionProtection of Women from Domestic Violence Act, 2005 Section 9
Title: Duties and Functions of Protection Officers
State: Central
Year: 2005
.....having lodged the aggrieved person in a shelter home to the police station and the Magistrate having jurisdiction in the area where the shelter home is situated; (g) to get the aggrieved person medically examined, if she has sustained bodily injuries and forward a copy of the medical report to the police station and the Magistrate having jurisdiction in the area where the domestic violence is alleged to have been taken place; (h) to ensure that the order for monetary relief under section 20 is complied with and executed, in accordance with the procedure prescribed under the Code of Criminal Procedure, 1973(2 of 1974); (i) to perform such other duties as may be prescribed. (2) The Protection Officer shall be under the control and supervision of the Magistrate, and shall perform the duties imposed on him by the Magistrate and the Government by, or under, this Act.
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