Judgment Search Results Home > Cases Phrase: domestic incident report Page 1 of about 14,680 results (0.027 seconds)

Nayanakumar Vs. the State of Karnataka and anr.

Court : Karnataka

Reported in : ILR2009KAR4295

..... matter back to the court and upon notice being issued to the parties, the aggrieved person then filed an application under section 12 of the act, the question of the magistrate taking note of the domestic incident report does not arise, as this is not a case where the aggrieved party approached either the protection officer or the service provider.15. ..... learned magistrate has not passed any order and therefore a careful reading of the proviso to section 12 makes it clear that the magistrate shall have to take into account any domestic incident report recieved by him before passing any order on the application filed by the aggrieved person.12. ..... in other words if there is a domestic incident report that is received by the magistrate either from the protection officer or from the service provider, then it becomes obligatory on the part of the magistrate to take note of the said domestic incident report before passing an order on the application filed by ..... 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. ..... was also made to the definition of the domestic incident report as found in section 2(e) of the act, 2005 and also rule 5 of the rules framed under the act to submit that the domestic incident report shall have to be in form no. 1 .....

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

Court : Mumbai Nagpur

..... state of karnataka & anr reported in 2010 all mr (cri) journal 158 wherein it is observed that thus; "in other words if there is a domestic incident report that is received by the magistrate either from the protection officer or from the provider, then it becomes obligatory on the part of the magistrate to take note of the said domestic incident report before passing an order on the application filed by the ..... absence of notification of a protection officer or registered service provider, it may not be possible for magistrate to receive domestic incident report before disposing of application made by the aggrieved person under section 12 of the act. ..... before the magistrate for obtaining order or reliefs under the act contains proviso to the effect 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. ..... in other words, if there is a domestic incident report that is received by the magistrate either from the protection officer or from the service provider then only it is obligatory for the magistrate to take note of the same before passing final order of the ..... has chosen to approach the magistrate directly as observed by the karnataka high court that the proviso section 12 makes it clear that the magistrate shall have to take in to account any incident report received by him before passing any order of the application filed by the aggrieved person. .....

Dr. Jaya Sagade, Director Vs. The State of Maharashtra

Court : Mumbai

..... out to us in the submissions of the lawyer's collective, the failed settlement would itself tantamount to domestic violence upon which a domestic incident report (dir) could be filed under section 12 of the act to commence the judicial process in the ..... in such cases the service provider including the police, counseller or ngos shall forthwith file a domestic incident report (dir) under section 10(2)(a) of the dv act and make an application under section 12 of the act to the relevant magistrate seeking any of the reliefs provided ..... woman accessing any service provider including the police, counsellors, ngos, the service provider may, if considered appropriate, file a domestic incident report (dir) under section 10(2)(a) of the dv act in the relevant magistrate's court. ..... in such cases a domestic incident report (dir) of the incident of physical violence under section ..... a woman only needs or requires a maintenance order upon she having left her shared residence or matrimonial home consequent upon any domestic violence caused to her, which may be mental, psychological or, economical, pre-litigation counselling would be the answer. 19. ..... filing of such report and its impact may be informed to the husband along with the fact that upon breach of the settlement entered into, the report would show prima facie the occurrence and record of domestic violence. 24. ..... be due to the wholesome services rendered by the service providers that several women have come forward to report domestic violence. .....

M. Palani Vs. Meenakshi

Court : Chennai

Reported in : AIR2008Mad162

..... if an application is filed before the civil court or family court or a criminal court by the aggrieved person, an order shall be passed by them taking into consideration any domestic incident report received from the protection officer or the service provider, then the legislature would have incorporated such proviso as in the case of section 12(1), even in section 26 also.18. ..... that 'the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the ..... the proviso to the section makes it clear that before passing an order by the magistrate, he shall take into consideration the domestic incident report received from the protection officer. ..... and the same is reproduced hereunder:(q) 'respondent' means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act.13. ..... learned counsel appearing for the petitioner was emphatic in her argument that since in the present case the report of the protection officer has not been obtained, the order of the learned judge of the family court ..... again in paragraph 6 the petitioner had averred as follows:i am advised to state that section 2(f), domestic violence act defines 'domestic relationship' as 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 .....

Prabha Tyagi Vs. Kamlesh Devi

Court : Supreme Court of India

..... 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; x x x (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 household, when they are related ..... srivastava referred to the language of section 12 (1) to contend that the phrase used in the proviso is shall take into consideration any domestic incident report thereby suggesting that the requirement to consider a domestic incident report is a mandatory one, irrespective of whether or not a complainant was made before the protection officer prior to filing an application before the magistrate. ..... , himachal pradesh, jammu & kashmir, karnataka, and madhya pradesh, are right in holding that if domestic incident report has been received by the magistrate either from the protection officer or the service provider then it becomes obligatory on the part of the magistrate to take note of the said report before passing an order on the application filed by the aggrieved party, but if no complaint or application of domestic violence is received by the magistrate from the protection officer or the service provider, the .....

Shambhu Prasad Singh Vs. Manjari

Court : Delhi

..... with the same analogy, i also differ with the view taken by the hon'ble jharkhand high court wherein, it has been held that the insistence to take into consideration the domestic incident report of the protection officer would therefore, not apply at the stage of initiation of the enquiry under section 12 of the act. 12. ..... (2) when a protection officer makes such a request, it shall be accompanied by a copy of the domestic incident report: provided that the medical facility shall not refuse medical assistance to an aggrieved person under the act, for her not having lodged a domestic incident report, prior to making a request for medical assistance or examination to the medical facility. 9. ..... (2) when a protection officer makes a request referred to in sub-rule (1), it shall be accompanied by a copy of the domestic incident report registered, under section 9 or under section 10: provided that shelter home shall not refuse shelter to an aggrieved person under the act, for her not having lodged a domestic incident report, prior to the making of request for shelter in the shelter home. 17. ..... the purpose is that all allegations made in application must be specific and the court should not exercise jurisdiction without considering domestic incident report since it is necessary for the court to know before issuing any notice to respondent as to who was the respondent who caused domestic violence and what was the nature of violence and when it was committed. 4. .....

Rahul Soorma and Others Vs. the State of Himachal Pradesh, Through Sec ...

Court : Himachal Pradesh

Reported in : 2012CrLJ2782

..... section (1) of section 9 provides that it shall be the duty of the protection officer (a) to assist the magistrate in discharge of his functions under the act (b) to make a domestic incident report to the magistrate in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward the copies thereof to service provider etc.. ..... (1) of rule 5 provides that upon receipt of a complaint of domestic violence, the protection officer shall prepare a domestic incident report in form-i and submit the same to the magistrate. ..... section 12 provides 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. 13. ..... the protection officer on receipt of complaint of domestic violence under rule 5 of the protection of women from domestic violence rules, 2006 ( for short 'rules') shall prepare a domestic incident report and submit the same to the magistrate and supply copies thereof ..... (2) of rule 5 provides that upon a request of any aggrieved person, a service provider may record a domestic incident report and forward a copy thereof to the magistrate and others. ..... of any aggrieved person under sub-rule(2) of rule 5 a service provider may record a domestic incident report and forward a copy thereof to magistrate and protection officer having jurisdiction in the area where the domestic violence is alleged to have taken place. .....

Neeraj Goswami and Others Vs. the State of U.P. Through the Senior Sup ...

Court : Allahabad Lucknow

..... , section 12 permits the application to be moved either by the aggrieved person herself or by the protection officer or an other person on behalf of the aggrieved person and on presentation of such an application the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider before passing any order on the application. ..... it provides that (1) it shall be the duty of the protection officer-(b) to make a domestic incident report to the magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area. ..... an application either moved by the aggrieved person or a protection officer or any other person on behalf of the aggrieved person, it means 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. ..... 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. .....

Rakesh Manhas Vs. Aruna Manhas

Court : Jammu and Kashmir

..... rule 5 casts a duty on the protection officer to prepare 12 domestic incident report (dir) in form-1 on receipt of a complaint of domestic violence and submit the same to the magistrate and forward copies thereof to the police officer, incharge of the police station within the local limit of jurisdiction of which the domestic violence alleged to have been committed has taken place as also a copy to the service provider ..... that can be given to the proviso to section 12(1) of the act is that the magistrate before passing any order on the application of the aggrieved person will have to accord consideration to a domestic incident report of a protection officer or a report of a service provider, if such a report has been received by the magistrate. ..... 12(1) reads: 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. 20. ..... question thus raised is whether calling and according consideration to domestic incident report of a protection officer or the service provider is sine qua non for passing an order, interim or final, on an application under section 12(1) of the ..... they include inter alia duty; i) to make a domestic incident report to the magistrate upon receipt of a complaint of domestic violence and ii) to make an application in prescribed form and manner to the magistrate, if the aggrieved persons so desires, claiming relief for issuance .....

Bhupender Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

..... the purpose is that all allegations made in application must be specific and the court should not exercise jurisdiction without considering domestic incident report since it is necessary for the court to know before issuing any notice to respondent as to who was the respondent who caused domestic violence and what was the nature of violence and when it was committed. ..... the procedure adopted by the learned mm of issuing notice to the respondent without even considering domestic incident report and without going through the contents of the application and without specifying as to why each of the respondent named by the applicant was to be summoned, is contrary to the act. ..... 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. ..... 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. .....