Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Court: chennai Page 1 of about 14 results (0.157 seconds)

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 .....

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 .....

.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 .....

1.K.Rajendran Vs. 1.Ambikavathy

Court : Chennai

..... as per section 19(1)(f) of the protection of women from domestic violence act, 2005, the first petitioner/husband has to provide an alternate accommodation to the first respondent/wife and moreover, as per section 19(1) (a) of the act (43 of 2005), if the first respondent/wife is attempted to be disturbed of the possession from the shared household, then the learned judicial magistrate is empowered to pass residence orders under section 19 of the act. ..... case an ex parte ad interim order is passed without notice, or service of notice on the respondent, on his appearance, after granting an opportunity to the respondent to object the claim and on hearing the applicant and the respondent, a final interim order under section 23(1) is to be passed with or without modification of the ad-interim ..... ex parte order could be passed only after service of notice as provided under rule 12(3) of the rules. ..... identical to that of the respondent that: "on perusal of the aforementioned proviso appended to the provision, it appears that before passing any order on the application, it is obligatory on a magistrate to take into consideration any report received by him from the protection officer or the service provider. ..... (vii)if on service of notice, the respondent fails to appear, magistrate is to pass a final ex parte interim order under section 23(1) with or without modification of the ad ..... reports contain information filled in a cryptic manner, and such reports do not do much service to the victim. .....

R. Prabhakar and Another Vs. Dr. V. Jothilakshmi

Court : Chennai

..... . priyanka khanna & ors reported in 2010 (119) drj 182 "protection of women from domestic violence act, 2005 section 20 excessive maintenance no concrete proof of high status and vast property of husband mere allegations made by the wife that husband was a man of status and had vast movable and immovable properties would not give ..... the respondent further stated that when she conceived for the second time, her mother-in-law had not provided food and other basic requirements, with the result, she was laid up with blood sugar. ..... . the learned counsel for the revision petitioner further submitted that the first petitioner had extended all service to his wife and to his children as a dutiful husband and father ..... ., child care expenses, services of servant maid, educational expenses, transport, food, clothes, accommodation, communication, tuition fees, cosmetics and entertainment ..... he is always doing his service to his wife as a dutiful husband and had maintained her through his earnings as a manager in the bank. ..... . after some time, the respondent returned back to chennai with her baby and joined the service there as a doctor ..... . the in-laws had not taken proper care of the baby, therefore, the respondent discontinued her service as a doctor ..... the services of the housemaid was also dispensed with. .....

Saraswathy Vs. Babu

Court : Chennai

..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected. 18. ..... the appellate court found erroneous the orders passed under section 18 and 19 of the protection of women from domestic violence act as it had been held by more than one court that the acts of cruelty/violence had not been proved. ..... upon by the learned counsel for the petitioner, madras high court clearly held that since penal consequences under section 31 of the act are attracted only if a protection order is passed and the respondent violates that order, the penal consequences mandate from the date of the protection order and not from the date of acts of domestic violence and, therefore, the court was competent to take cognizance of the acts of domestic violence committed even prior to the act came into force, and pass necessary ..... the revision petitioner moved a petition in crl.m.p.no.2421/2008 before the xiii metropolitan magistrate seeking reliefs under section 19,20 and 22 of the protection of women from domestic violence act, 2005 (herein after referred to as the act). .....

Yusuf Allabuksh. Vs. Julakia Bee

Court : Chennai

..... the said petition under the provisions of the protection of women from domestic violence act, 2005, seeking maintenance, share in the household and other reliefs as provided in section 18 of the said act. ..... the learned counsel would further contend that as per section 27 of the protection of women from domestic violence act, 2005 the learned judicial magistrate, kallakurichi has got territorial ..... the main purpose for which the act has been brought into force is only to protect the rights of women and to protect the victims of domestic violence. ..... it is evident that the purpose of the act is to provide for more effective protection of the rights of the women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for ..... in the said judgment, the hon'ble supreme court had to consider sub-section 2 to section 11 of the consumer protection act which reads as follows:"11(2) a complaint shall be instituted in a district forum, within the local limits of whose jurisdiction,-(a) the opposite party or each of the opposite parties, where there are more than one ..... therefore, in my considered opinion, if purposive interpretation is made to section 27 of the act, then it would emerge that the victim can approach the magistrate within whose local jurisdiction, she either permanently or temporarily, resides at the time she seeks protection order, notwithstanding the fact that either whole or part of the cause of action has not arisen within the local .....

K.Niranjani Vs. R.T.Dinesh, and ors.

Court : Chennai

..... 18, 19, 20(1) & 22 of the protection of women from domestic violence act, 2005, which was taken on file in d.v.a.c.no.1 of 2010 and interim order of rs.25,000/- per month has been awarded to the wife as maintenance and the right of residence was ..... be adjourned, the complainant does not appear, the magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the magistrate is of opinion that the personal attendance of the complainant is not necessary, the magistrate may dispense with his ..... sub-court tambaram in respect of divorce petition filed by the husband under section 13(1)(i)(a) of the hindu marriage act. ..... (2) the provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his ..... considering the above decision along with section 256 cr.p.c. ..... has held as follows:"two constraints are imposed on the court for exercising the power under section 256. ..... the order in the appeals have been pronounced only on 24.09.2010, within 30 days, the learned xv metropolitan magistrate dismissed the complaint for non prosecution by invoking section 256 cr.p.c.8. ..... on 19.10.2010, since the appellant/complainant was called absent, the learned xv metropolitan magistrate, by invoking section 256 cr.p.c. .....

Dennision Paulraj and ors. Vs. the Union of India (Uoi), Rep. by Secre ...

Court : Chennai

Reported in : (2009)6MLJ283

..... for all the reasons stated above, i am not inclined to hold that sections 12, 18, 19 and 23 of the protection of women from domestic violence act, 2005 (central act 43 of 2005) are unconstitutional, ultra vires and void and the writ petition is liable to be dismissed ..... the hon'ble apex court, while dealing with the question whether section 497 of india penal code contravenes article 14 and 15 of the constitution of india, has held that since sex is a sound classification and although there can be no discrimination in general on that ground, the constitution itself provides for special provisions in the case of women and children by clause (3) of article 15. ..... behalf of the petitioner in this case overlooks the benign constitutional provision in clause (3) of article 15 of the constitution which provides that nothing in article 15 shall prevent the state from making any special provision for women and children. ..... the constitution itself provides for making special provision for women and children, the contention on the side of the petitioners that there could be no special treatment for women is totally ..... the said provision overrides clause (1) of article 15 of the constitution which provides that the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth ..... classification and although there can be no discrimination in general on that ground, the constitution itself provides for special provisions in the case of women and children. .....

K. Sugi Vs. R. Rajarathinam

Court : Chennai

..... the short facts of the case are as follows:- the petitioner / wife has filed a petition under section 12 r/w section 18(a), (b), (d), section (19)(1)(f), 19(8), section 20(1), section 22 of the protection of women from domestic violence act, 2005, along with an affidavit praying for (a) protection order: preventing the respondent from (a) committing any act of domestic violence, (b) aiding or abetting in the commission of acts of domestic violence, (c) attempting to communicate with the petitioner; in any form whatsoever, (b) residence order: (a) direct the respondent to secure same level of alternate accommodation as enjoyed by the petitioner in the shared household or to pay rent of rs.7,500/- per month for a ..... it was also contended that the appellate court has failed to consider that according to section 23(2) of the protection of women from domestic violence act, 2005, the learned magistrate is allowed to pass even an ex-parte interim order if he is satisfied that a prima facie case of domestic violence exists, based on the affidavits submitted before him. ..... petitioner has cited the following judgments in support of her contentions:- (i) sheetalversus hitesh & another reported in cdj 2011 bhc 2004 "it would be open for the parties to move for necessary alteration or modification of the interim order provided that, during pendency of the main application, necessary arrangement is made to provide residence to the applicant and her son. .....