Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Court: himachal pradesh Page 1 of about 1 results (0.057 seconds)

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. .....

Dev Raj Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

..... the grievance of the petitioner in this petition is that the learned judicial magistrate ist class, court no.1, dharamshala has no jurisdiction to entertain the complaint in terms of section 27 of the protection of women from domestic violence act, 2005, which provides: 27. ..... be, within the local limits of which- (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other oders under this act and to try offences under this act. ..... (2) any order made under this act shall be enforceable throughout india. 2. .....

Ram Prakash and Another Vs. Sneh Lata Alias Malka and Another

Court : Himachal Pradesh

..... the respondent had filed an application under section 12 of the protection of women from domestic violence act, 2005, (for short 'act') through protection officer against the petitioner. ..... the protection officer on the basis of application moved by respondent as well as her complaint received from state commission for women through superintendent of police, kangra at dharamshala, prepared domestic violence report and filed the application before the ..... petitioner was restrained from committing any act of domestic violence against respondent. ..... has observed that no doubt the view the supreme court had taken would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for the court to legislate or amend the law. ..... the section 11 of the hindu marriage act, 1955, provides that any marriage solemnized after the commencement of the hindu marriage act shall be null and void and may on a petition presented by either party thereto against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5 ..... the section 5 (i) of the hindu marriage act, 1955, provides that marriage may be solemnized between any two hindus if neither party has a spouse living at the time of the ..... the petitioner was directed to hand over possession of one room in his house situated in village chakol with a further direction to provide the respondent free access to her personal effects. .....

Dhian Dass, Vs. Mrs. Nokhi Devi Kararsu Phati and Kothi Kais

Court : Himachal Pradesh

..... the facts in brief are that respondent had filed a complaint under section 12 of protection of women from domestic violence act, 2005 (for short act) against petitioner claiming her to be the wife of respondent. ..... the respondent has prayed protection from domestic violence, residence order and monetary relief under section 20 of the act for physical and mental harassment of `1,00,000/-, food and cloths ..... therefore, while upholding the order of the courts below regarding protection from domestic violation and provisions for shelter to respondent, the remaining part of both the orders awarding amounts under different heads are not ..... the petitioner was directed to provide suitable accommodation for the residence of respondent under section 20 of the act. ..... the petitioner has not taken the stand that he provided shelter, maintenance and other daily need provisions to respondent ..... learned counsel for the petitioner has submitted that the plea of respondent that she married with petitioner is falsified from the fact that she had applied for widow pension as widow of bhadru ram. ..... the petitioner since january, 2010 has not provided any maintenance, shelter to the respondent. ..... the petitioner is neither providing shelter nor maintenance to ..... account of his marriage with respondent the petitioner has legal obligation to maintain her and to provide her shelter. 12. ..... respondent has filed the complainant under section 12 of the act. ..... the domestic relationship and domestic violation have not been .....