Title : Procedure for Obtaining Orders of Reliefs
State : Central
Year : 2005
(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. (2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been..... View Complete Act List Judgments citing this sectionState : Central
Year : 2005
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 [Act No. 43 of 2005, dt. 13-9-2005] An Act to provide for more effective protection of the rights of women guaranteed under the Consti tution who are victims of violence of any kind occurring within the family and for matters con nected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows :- CHAPTER I PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Protection of Women from Domestic Violence Act, 2005. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central..... List Judgments citing this sectionTitle : Residence Orders
State : Central
Year : 2005
(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 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 from entering any portion of the shared household in which the aggrieved person resides; (d) restraining the respondent from alienating or disposing off the shared household or encumbering the same; (e) restraining the respondent from..... View Complete Act List Judgments citing this sectionTitle : Right to Reside in a Shared Household
State : Central
Year : 2005
(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. (2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law. View Complete Act List Judgments citing this sectionTitle : Definitions
State : Central
Year : 2005
In this Act, unless the context otherwise requires,- (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; (b) "child" means any person below the age of eighteen years and includes any adopted, step or foster child; (c) "compensation order" means an order granted in terms of section 22; (d) "custody order" means an order granted in terms of section 21; (e) "domestic incident report" means a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person; (f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared..... View Complete Act List Judgments citing this sectionTitle : Preliminary
State : Central
Year : 2005
(1) This Act may be called the Protection of Women from Domestic Violence Act, 2005. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.1 ________________________________________________ 1. Enforcement date for the Act as per the notification No: S.O. 1776(E) issued by the Ministry of Women and Child Development is 26.10.2006. Section 2 - Definitions In this Act, unless the context otherwise requires,- (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; (b) "child" means any person..... View Complete Act List Judgments citing this sectionTitle : Domestic Violence
State : Central
Year : 2005
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 well-being, 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 abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether..... View Complete Act List Judgments citing this sectionTitle : Definition of Domestic Violence
State : Central
Year : 2005
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 well-being, 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 abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether..... View Complete Act List Judgments citing this sectionState : Central
Year : 2012
THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012 An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto. WHEREAS clause (3) of article 15 of the Constitution, inter alia, empowers the State to make special provisions for children; AND WHEREAS, the Government of India has acceded on the 11th December, 1992 to the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations, which has prescribed a set of standards to be followed by all State parties in securing the best interests of the child; AND WHEREAS it is necessary for the proper development of the child..... List Judgments citing this sectionTitle : Definitions
State : Central
Year : 2012
(1) In this Act, unless the context otherwise requires, -- (a) "aggravated penetrative sexual assault" has the same meaning as assigned to it in section 5; (b) "aggravated sexual assault" has the same meaning as assigned to it in section 9; (c) "armed forces or security forces" means armed forces of the Union or security forces or police forces, as specified in the Schedule; (d) "child" means any person below the age of eighteen years; (e) "domestic relationship" shall have the same meaning as assigned to it in clause (f) of section 2 of the Protection of Women from Domestic Violence Act, 2005(43 of 2005); (f) "penetrative sexual assault" has the same meaning as assigned to it in section 3; (g) "prescribed" means prescribed by rules made under this Act; (h) "religious..... View Complete Act List Judgments citing this section