Skip to content


Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 chapter iii powers and duties of protection officers service providers etc Page 2 of about 99 results (0.275 seconds)

Jan 12 2024 (HC)

R. Smitha Subramanyachar Vs. Sri Manjunath S K

Court : Karnataka

..... of maintenance are the special marriage act, 1954 ( sma ), section 125 of the criminal procedure code, 1973; and the protection of women from domestic violence act, 2005 ( the dv act ) which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable to various religious ..... not included in track- i to iii shall in track -iv (2) the presiding officer shall endeavour to dispose of the cases in track-i within 9 months, the cases in track-ii within 12 months and the cases in track-iii and iv within 24 months from the date of appearance or deemed appearance ..... since it is the sacrosanct duty of the husband to provide financial support to the wife and minor children, the husband was required to earn money even by physical labour, if he is able- bodied, and could not avoid his obligation, ..... the magistrate was vested with the power to order the respondent to ..... the cr.p.c chapter ix of the code of criminal procedure, 1973 provides for maintenance of wife, children and parents in ..... application for grant of interim maintenance must be disposed of as far as possible within sixty days from the date of service of notice on the respondent. ..... and trust that the family court judges shall remain alert to this and decide the matters as expeditiously as possible keeping in view the objects and reasons of the act and the scheme of various provisions pertaining to grant of maintenance, divorce, custody of child, property disputes, etc .....

Tag this Judgment!

Feb 27 2007 (HC)

Sulochana and anr. Vs. Kuttappan and ors.

Court : Kerala

Reported in : 2007CriLJ2057

..... is an appeal maintainable under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') against an interim ex parte order passed under section 23 of the act? ..... chapter 3 containing sections 4 -11 deals with the procedure be appointment of protection officers, service providers etc. ..... chapter 2 has only one section and that (section 3) deals with the definition of the expression 'domestic violence'. ..... and their powers and duties. ..... but that is not to say that an appeal is not maintainable, only in an appropriate case need the powers under section 29 be invoked and the appeal entertained, that discretion vests with the appellate court, but the jurisdiction or that competence to entertain an appeal cannot be doubted.23. ..... the nature of the possible orders under sections 18 - 22 and the interim order that can be passed by invocation of such powers under section 23 must instill in the mind of the magistrate the concomitant degree of care and caution which is necessary before pausing ex parte interim orders under section 23 read with sections 18 - 22, in eases where existence of matrimony is disputed etc. ..... section 26 deals with reliefs in other suits and legal proceedings and section 27 deals with the territorial jurisdiction of the magistrate who exercise powers under the act. ..... power to pass interim and ex parte orders are mentioned in section 23 of the act. ..... power to grant interim and ex parte orders. .....

Tag this Judgment!

Oct 21 2010 (HC)

Mrs.Sabah Sami Khan. Vs. Adnan Sami Khan.

Court : Mumbai

..... the case of domestic violence under section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... it is contended on behalf of the respondent-husband that the domestic incident report of a protection officer or a service provider under section 12 of the d.v. ..... act may have to be considered based upon the facts of each case and not necessarily with the aid and assistance of any protection officer or service provider. ..... , limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; 5 wp-6625(ii) sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;(iii) verbal and emotional abuse includes-(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and(b) repeated threats to cause physical pain to any person in whom the ..... in the english translation of the koran part iv the chapter relating to women (nisaaa) verse 177 sub-sections 3 & 24 of section 23 run thus:3. ....... ..... (3) the power conferred by sub-section (2) shall be in addition to, and not in derogation of, any other power of the family court to adjourn the proceedings. ..... and there is no sin for you in what ye do by mutual agreement after the duty (hath been done). ..... at such time, no evidence of any injuries etc. .....

Tag this Judgment!

Apr 18 2016 (SC)

Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari and ...

Court : Supreme Court of India

..... enumerates duties and functions of protection officer and clause (b) of sub-section (1) thereof reads as under: (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 ..... order to provide a remedy in the civil law for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society the protection of women from domestic violence bill was ..... consideration in the instant case is whether a court dealing with the petition/complaint filed under the provisions of the domestic violence act, 2005 (hereinafter referred to as 'the dv act') has power to allow amendment to the petition/complaint originally filed. ..... of reliefs is stipulated in chapter iv of the dv act which comprises sections 12 to ..... act authorizes the magistrate to pass residence order which may include restraining the respondent from dispossessing or disturbing the possession of the aggrieved person or directing the respondent to remove himself from the shared household or even restraining the respondent or his relatives from entering the portion of the shared household in which the aggrieved person resides etc. ..... iii)it provides for the rights of women .....

Tag this Judgment!

Jun 03 2010 (HC)

Varsha Kapoor Vs Uoi and ors.

Court : Delhi

..... delhi under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act). ..... 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 ..... "violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women, and that violence against women is one of the crucial social mechanisms by which women are ..... -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 pero0n or to assist her or the ..... in statute, it is the duty of the court to give ..... widely recognized that the recurring theme of law includes; (i) social control, (ii) disputes settlement and (iii) social engineering. ..... provided with residential house towards her stridhan, property or valuable security, namely, gold jewellery etc .....

Tag this Judgment!

Sep 16 2015 (HC)

The Association of the Traders carrying the Food Business of various F ...

Court : Mumbai

..... chapter which is relevant is chapter xii which contains miscellaneous provisions from sections 85 to section 101 providing for facets like powers of central government to issue directions to food authority and obtain reports and returns, power of central government to give directions to state governments, overriding effect of the act over all other food related laws, power of the central government to make rules, power of food authority to make regulations, power of the state government to make rules, transitory provisions etc ..... powers and duties (i) the powers and duties of the designated officer shall be as mentioned in section 36 (3) of fss act ..... consisting, wholly or in part, of any filthy, putrid, rotten, decomposed or diseased animal substance or vegetable substance; or (iii) by virtue of its unhygienic processing or the presence in that article of any harmful substance; or (iv) by the substitution of ..... act; (j) contribute to the development of international technical standards for food, sanitary and phyto-sanitary standards; (k) contribute, where relevant and appropriate to the development of agreement on recognition of the equivalence of specific food related measures; (l) promote co-ordination of work on food standards undertaken by international governmental and nongovernmental organisations; (m) promote consistency between international technical standards and domestic food standards while ensuring that the level of protection adopted in the country is not reduced; and .....

Tag this Judgment!

Jan 03 2023 (SC)

Kaushal Kishor Vs. The State Of Uttar Pradesh Govt. Of U.p. Home Secre ...

Court : Supreme Court of India

..... and advice of the chief minister and the council of ministers which exercise the powers and performs its duties by the individual ministers as public officers with the assistance of the bureaucracy working in various departments and corporate sectors etc ..... provide ex gratia 104 monetary compensation to the families of the deceased who have succumbed to the pandemic of covid-19, in view of section 12 of the disaster management act, 2005 ..... to order anything (towards compensation), this court would be doing mere lip service to the fundamental right to liberty and that one of the telling ways 171 in which the violation of the ..... protection from persons to commit any incitement to commit offence against any other violence ..... all domestic remedies are exhausted and also ..... and protect the sovereignty, unity and integrity of india; (d) xxx (e) to promote harmony and the spirit of common brotherhood amongst all the people of india transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) xxx (g) xxx (h) xxx (i) xxx (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; fundamental duties ..... providing for matters connected with the union contains five chapters, dealing respectively with, (i) the executive; (ii) parliament; (iii) legislative powers of the president; (iv) the union judiciary; and (v) comptroller and .....

Tag this Judgment!

Nov 30 2015 (HC)

V. Vinod Kumar Vs. V. Arunadevi

Court : Chennai

..... of 2014, on the file of the learned judicial magistrate, ambattur, by which, the petition filed by mr.v.vinod kumar, husband/father of the minor child, sanjana and his mother, mrs.shanthi, under section 15 of the protection of women from domestic violence act, 2005, to provide assistance of medical and welfare experts to the wife/mother and to evaluate/assess her mental ability and attitude to contest the proceedings before the learned judicial magistrate, ambattur, has been dismissed. 3. in both the revision petitions, the parties, ..... many twelve classifications of a guardian but we shall reproduce only one of them, which reads - " a general guardian is one who has the general care and control of the person and estate of his ward; while a special guardian is one who has special or limited powers and duties with respect to his ward, ..... 133. in chapter iv of the domestic violence act, the procedure for obtaining ..... magistrate. section 13 deals with the service of notice to the protection officer or any other person ..... state of uttarakhand reported in iii (2011) bnc 848, has also been relied on, supporting the contention that there is no bar to entertain a petition under section 21 of the domestic violence act, for interim custody ..... child alone is the consideration and the court has to consider all the factors, such as, the economic status, character of the person, claiming custody and guardianship, love and affection shown by the parties in the betterment of the child, the age of the child, .....

Tag this Judgment!

Sep 23 2024 (SC)

Just Rights For Children Alliance Vs. S. Harish

Court : Supreme Court of India

..... 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 ..... of europe convention on cyber crimes which states as under: - each party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the following conduct: (a) producing child pornography for the purpose of its distribution through ..... under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could ..... all women police station registered a case in crime no.03/20 u/ s67 it act r/ w 14(1) pocso act 2012 and the copy of the same was sent to the concerned court and the copies to the higher police officers ..... providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted; or (b) the intermediary does not (i) initiate the transmission; (ii) select the receiver of the transmission; and (iii) select or modify the information contained in the transmission; (c) the intermediary observes due diligence while discharging his duties under this act and .....

Tag this Judgment!

Aug 04 2018 (HC)

Court on Its Own Motion vs.state

Court : Delhi

..... provided under the icps scheme (and not the pocso act): childline service counsellors appointed by the district child protection society (dcps), who will report to the legal-cum-probation officer and will be responsible for providing counselling support to all children and ..... provided by the center in which the person is engaged, by the iowa organization of victim assistance, by the iowa coalition against sexual assault, or by the iowa coalition against domestic violence, which shall include but not be limited to, the dynamics of victimization, substantive laws relating to violent crime, sexual assault, and domestic violence ..... which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment: provided that nothing in this section shall protect from disclosure (1) any such communication made in furtherance ..... and powers of the special courts and recording of evidence in chapter vii of the enactment, the legislature has in chapter ..... duty of the counsellor is to work in the best interests of the child and clearly to assist the child, and ..... police and other connected institutions in the investigation of cases of rape and sexual assault on women and children. ..... protection, including child line and its support organizations officials of a children s home or shelter home persons employed the in dcpu, including: legal-cum-probation officer social worker (i) (ii) (iii .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //