Court : Allahabad Lucknow
..... " the protection of women from domestic violence act, 2005 27. ..... therefore, 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. ..... since the provisions of section 12 permits to entertain 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. ..... section 10(2) of the act discusses the power of a service provider and provides that a service provider registered under sub-section (1) shall have the power to 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. .....
Tag this Judgment!Court : Allahabad Lucknow
..... subjected to discrimination and domestic violence, a woman is ..... the recognition of the eldest woman as the head of the household is in contradistinction to a male member since as we have already noted above, sub-section (2) of section 13 of the act enables a male member of the household to be recognized as the head of the household only in the absence of a woman or if the sole woman is below the age of eighteen, until ..... in such a situation, sub-section (2) of section 13 of the act provides that the eldest male member of the household shall be the head of the household for ..... the object and purpose of section 13 of the act in other words was not to exclude transgenders though in view of the judgment of the supreme court in national legal services authority (supra) parliament may, if we may respectfully so say, consider the appropriateness of a ..... third gender in law has thus become an intrinsic part of the right to life protected by article 21 of the constitution. ..... for too long in our history and even today, women have been burdened with the obligation of maintaining home and family without a corresponding recognition or acceptance ..... by the state government for submitting applications under the act contains an enumeration of several items on which a disclosure of information has been sought from the applicant. ..... hijras, eunuchs, apart from binary genders, be treated as "third gender" for the purpose of safeguarding their rights under part iii of our constitution and the laws made .....
Tag this Judgment!