Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Page 1 of about 315 results (0.235 seconds)

Rakesh Manhas Vs. Aruna Manhas

Court : Jammu and Kashmir

..... similar contentions having been raised in that case, high court after referring to relevant provisions of protection of women from domestic violence act, 2005 and the rules framed thereunder, which are similar to the act (j&k act), high court held: 7. ..... it is seen that under section 4 of the act any person can give information of domestic violence to the protection officer and under section 10 an aggrieved person may approach a service provider to record a domestic violence report. ..... the only interpretation 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. ..... a comparative reading of sections 4, 9 and 10 of the act and rules 4 and 8 of the rules on one hand and section 12 of the act on the other would make it clear that giving of information about domestic violence to the protection officer under section 4 or to service provider under section10 and making an application seeking relief under section 12(1) or two different and independent aspects of the act. .....

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

Court : Himachal Pradesh

Reported in : 2012CrLJ2782

..... on the contrary, respondent no.2 has filed a complaint on 19.05.2011 under section 12 of the protection of women from domestic violence act, 2005 ( for short 'the act') in the court of learned chief judicial magistrate, hamirpur. ..... the sub-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.. ..... the section 10(2) provides that a service provider registered under sub-section (1) shall have the power to (a) record the domestic incident report in prescribed form if the aggrieved person so desires and forward a copy thereof to magistrate and protection officer having jurisdiction in the area where the domestic violence took place. 11. ..... 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 to service provider. .....

Tahmeena Kaleem and OThe Vs. State of A.P.Rep.by Public Prosecu

Court : Andhra Pradesh

..... section 14 of the protection of women from domestic violence act, 2005 envisages that the magistrate may, at any stage of the proceedings under this act, direct the respondents or the aggrieved person either singly or jointly to undergo counselling with any member of a service provider who posses such qualification and experience in ..... under domestic violence act, protection officer is required to assist ..... which the courts dealing with the matrimonial matters shall follow: a) in terms of section 9 of the family courts act, the family courts shall make all efforts to settle the matrimonial disputes through mediation ..... learned members of the bar who belong to a noble profession must maintain its noble traditions and should treat every complaint under section 498-a as a basic human problem and must make serious endeavour to help the parties in arriving at an amicable resolution ..... that the object behind the enactment of section 498-a ipc and the dowry prohibition act is to check and curb the menace of dowry and at the same time, to save the matrimonial homes from destruction. ..... of2014order:- the petitioners a9 to a12 are seeking anticipatory bail for the alleged offences punishable under sections 498-a ipc and sections 3 and 4 of dowry prohibition act read with 34 ipc. ..... section 9 of the family courts act enjoins upon the family court to make efforts to settle the matrimonial disputes and in these efforts, family courts are assisted by counsellors.even if the counsellors fail in their efforts .....

P.K.Nagarajan @ Meenakshisundara Vs. 1.N.Jeyarani

Court : Chennai

..... . 9.proceeding further, the learned counsel for the petitioner takes a stand that even as per proviso to section 12 of protection of women from domestic violence act, 2005, before passing any order on such application, the magistrate shall take into account any domestic incident report received by him from the protection officer or the service provider and also no such report received either from the protection officer or service provider and also no conclusion was arrived at as to whether it was satisfied that the petitioner committed any domestic violence against the respondents or not ..... the outset, it is to be pointed out that in s.t.c.no.1777 of 2009, the respondents (wife and children) as petitioners have filed a petition/application under section 12 of the protection of women from domestic violence act, 2005 seeking the following reliefs as against the revision petitioner/husband: i].protection order under section - 18 i)prohibiting the respondent from committing any act of domestic violence against the petitioner; ii)prohibiting the respondent from committing any act of domestic violence against the parents and brother of the petitioner including filing false complaint against them by utilizing the cheques belong to .....

SachIn Vs. Sau. Sushma

Court : Mumbai Nagpur

..... section (2) of section 28 of the protection of women from domestic violence act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the protection of women from domestic violence act, 2005 ..... any person so ordered fails without sufficient cause to comply with the order, any such magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's (allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may ..... warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and she ..... refuses to live with him, such magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for .....

Prashant Pandit Salve and Others Vs. Suvarna Prashant Salve and Others

Court : Mumbai

..... firstly, that under section 12 of the protection of women from domestic violence act, 2005 (for short, the d.v. ..... the object of the act was, therefore, keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution and to provide for a remedy under the civil law which is intended to protect women from being victims of domestic violence. 20. ..... the learned advocate for the petitioners has further submitted that the magistrate cannot pass an order on any application under section 12 unless the report of the domestic incident has been received from the protection officer or the service provider. 25. ..... act ), a complaint may be considered by the magistrate and an order can be passed on such application only after the magistrate takes into consideration any report regarding a domestic incident received by him from the protection officer or the service provider. ..... section 2(r) defines a service provider meaning an entity registered under sub-section (1) of section 10 of the d.v. ..... (v) it provides for appointment of protection officers and registration of non-governmental organisations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter, etc. 5. .....

V. Vinod Kumar Vs. V. Arunadevi

Court : Chennai

..... 2014 in d.v.no.7 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. ..... magistrate. section 14 speaks about counseling of the aggrieved person or the respondent, either singly or jointly, with any member of the service provider, who has registered himself under sub-section (1) ..... fit. irrespective of the disputes, sought to be adjudicated in a case, pertaining to domestic violence act, a learned judicial magistrate, can secure the services of any of the above mentioned persons and that would not clothe any right to the husband/father, to seek for assistance of medical and welfare experts to the ..... magistrate. section 13 deals with the service of notice to the protection officer or ..... section 15 of the act, deals with the assistance of welfare expert and the said section is extracted hereunder: in any proceeding under this act, the magistrate may secure the services of such person, preferably a woman, whether related to the aggrieved person or not, including a person engaged in promoting family welfare as he thinks fit, for the purpose of assisting him .....

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

Court : Mumbai Nagpur

..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of rs. ..... section 12 which require application 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 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. ..... 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 application made by the aggrieved person. 14. ..... in view of the section 7 of the act and such appointment must be notified in the area for which such protection officer shall exercise powers and perform the duties in accordance with the act, while service provider is required to register himself under section 10 of the act. .....

Nayanakumar Vs. the State of Karnataka and anr.

Court : Karnataka

Reported in : ILR2009KAR4295

..... services authority took up the matter before lok adalath and both the petitioner and 2nd respondent were present and after perusing the documents produced by the 2nd respondent and also on being not successful despite a long deliberation, in bringing the parties to arrive at a compromise, the district legal services authority thought it fit to refer the matter back to the jurisdictional magistrate for doing the needful in accordance with the protection of women from domestic violence act, 2005 (for short act 2005 ..... it is only when the recourse is taken by the aggrieved person is to go before the service provider or the protection officer that the requirement of section 10 & 9 of the act comes into picture in so far as the functioning of the service provider or the protection officer is concerned and it is only when the said authority decides to submit their report, report viz. ..... respondent herein approached the district legal services authority and on failure of conciliation before said authority, the conciliators referred the 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. .....

.Nagasundaram Vs. Anitha

Court : Chennai

..... the second respondent is warranted in terms of section 9 of the protection of women from domestic violence act, 2005. ..... for the purpose of this case, section 9(1)(b) and (c) are relevant, which read as follows: (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;(c)to make an application in such form and in such manner as ..... may be prescribed to the magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;8.the second respondent is the notified protection officer in terms of section 2(n) read with section 8(1) of the act. ..... the petitioner cannot forestall the first respondent approaching the statutory forum to ventilate her grievance and in the forum provided under the domestic violence act in addition to the other reliefs that are available to the party either before a civil court or family .....