Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Court: karnataka Page 1 of about 39 results (0.168 seconds)

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. .....

Shaik Fahed Ahmed, So. Shaik Fahed Ahmed and ors Vs. Mrs.Mariam Fasihu ...

Court : Karnataka

..... the respondent has filed petition under section 12 of the protection of women from domestic violence act, 2005. ..... upon presentation of the said petition, the learned magistrate ordered registration of the case and directed issue of notices to the petitioners herein as provided by section 13 of the act- upon receipt of the notice issued, the petitioners presented this petition for quashing the proceedings interalia on the grounds that the complain;. ..... she has not been living with the 1sl petitioner and has refused to join the is1 petitioner, and thus, the respondent herself has deserted the matrimonial home, as such, the provisions of the act are not attracted.3) upon service of notice of this petition, the lespondent appeared through her counsel.4) i have heard sri. m.t. ..... is his further submission that, pursuant to service of notice, the petitioners have appeared before the learned magistrate and have filed their statement of objections, therefore, the magistrate is required to hold an enquiry and pass appropriate orders. ..... is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act. .....

Shaik Fahed Ahmed, Son of Shaik Altaf Ahmed and ors. Vs. Mrs. Mariam F ...

Court : Karnataka

..... has filed petition under section 12 of the protection of women from domestic violence act. ..... it is his further submission that, from the allegations made in the petition, it is prima facie clear that at some point of time, the respondent lived in domestic relationship, with the petitioners herein, as such, she is an aggrieved person as per section 2(a) of the act and that the allegations further prima facie indicates that she was subjected to various kind of domestic violence as defined under section 3 of the act, therefore, it cannot be said that the petition filed before the learned magistrate is ..... upon presentation of the said petition, the learned magistrate ordered registration of the case and directed issue of notices to the petitioners herein as provided by section 13 of the act, upon receipt of the notice issued, the petitioners presented this petition for quashing the proceedings interalia on the grounds that; the complaint filed by the respondent is not maintainable under law and on ..... meaning has been given to the expression "relative", nor has the said expression been specifically defined in the domestic violence act, 2005, to make it specific to males only. 14. ..... it is his further submission that, pursuant to service of notice, the petitioners have appeared before the learned magistrate and have filed their statement of objections, therefore, the magistrate is required to hold an enquiry and pass ..... 3) upon service of notice of this petition, the respondent appeared through .....

k.c. Vijayakumara Vs. Smt. S. Geetha

Court : Karnataka

..... bengaluru has jurisdiction to try and to decide the application filed by the respondent herein under section 12 of the protection of women from domestic violence act, 2005.12. ..... the protection of women from the domestic violence act, 2005 is a special act providing more effective protection of the rights of women, who are victims of violence of any kind occurring within the family and for matters ..... magistrate reads as under ; the honble chief metropolitan magistrate, bengaluru by special notification dated 03.06.2015, allotted jurisdiction to all metropolitan traffic courts as per the annexure of the said notification and from then, the petitions were directed to be filed 14 before the mmtcs, prior to this notification, it is the cmm court which used to allot the petition under the protection of women from the domestic violence act, 2005 to the mmtcs. ..... pandey (supra) (2010 scconline del2977, the 17 high court of delhi while dealing with section 27 of the act 2005, has observed thus: para 8 from different provisions of this act, it is apparent that the scheme of the act provides that protection officer, service provider and police to help the aggrieved person in not only approaching the court for redressal but to ensure that the domestic violence is not further perpetuated and an aggrieved person gets shelter either in the shelter home or ..... filed an application under section 12 of the protection of women from domestic violence act, 2005 (in 4 short act 2005) before the court of .....

Kasturi Vs. Subhas

Court : Karnataka

..... 07/2017 and coming on - 3 - order in these petitions, the order passed by the trial court so also the appellate court in respect of proceedings under section 12 of the protection of women from domestic violence act, 2005 ( the act for short) are under challenge.2. ..... sri.s.t.bikkannavar, learned counsel for the petitioner/husband submits that, the magistrate passed the order under section 12 of the act without calling for the report of protection officer or the service provider as provided in proviso to section 12 of the act. ..... the proviso to section 12 contemplates that before passing any order on such application, the magistrate can take into consideration any domestic incident report received by him from the protection officer or the service provider. ..... trial court appreciated the allegation of the complainant that the husband at the relevant point of time was drawing a net salary of rs.22,312/- and nominated his second wife in his service register and his family has 18 acres of land, thus ordered to pay maintenance at rs.10,000/- per month and rs.1 lakh towards mental, emotional and economic domestic violence with a further direction to arrange for a separate residence along with the cost of the proceeding at rs.1,000/-.19. .....

Martin Sujay Vs. Smt. Amulya Brinda

Court : Karnataka

..... the respondent had filed c.misc.no.48 of 2010 before the learned iii additional civil judge and jmfc, mysuru under the provisions of protection of women from domestic violence act, 2005 (hereinafter referred to as 4 the dv act for the sake of brevity) and got an ex-parte order, directing the appellant to arrange for a house and also got issued a non-bailable warrant against the ..... that a party which is guilty 17 of a matrimonial offence and against which a decree for judicial separation or restitution of conjugal rights had been passed, was in view of section 23 of the act, not entitled to obtain divorce, then it would have inserted an exception to section 13(1a) and with such exception, the provision of section 13(1a) would practically become redundant as the guilty party could never reap benefit of obtaining divorce, while the innocent party was entitled to obtain it even under ..... the amendment to section 13 of the act of 1955 by insertion of sub section (1-a) by act no.44 of 1964 with effect from 20/12/1964, section 27 of the act of 1954, was also amended by insertion of sub section (2) clauses (i) and (ii) by act 29 of 1970 with effect from 23 12/08/1970. ..... amending the act of 1954 by insertion of sub section (2) clauses (i) and (ii) of section 27 of the act of 1954, the parliament has provided more grounds to the parties to seek divorce after commencement of the said amendment act, 1970. ..... is stated that the appellant is unemployed as his services were terminated on medical grounds. .....

Mrs Megha J Vs. Life Insurance Corporation Of India (lic)

Court : Karnataka

..... , section 125 of the code of criminal procedure, 1973 (applicable to all regardless of religions), sections 24 & 25 of the hindu marriage act, 1955 (applicable to hindus, in a broad sense of the term), section 37 of the divorce act, 1869 (applicable to christians), section 40 of the parsi marriage and divorce act, 1936 (applicable to parsis), section 20 of the protection of women from domestic violence act, 2005 (applicable to all persons regardless of religion and marital status), sections 36 & 37 of the special marriage - 5 - nc: ..... khc:35178-db wa no.891 of 2023 act, 1954, the muslim women (protection of rights on marriage) act, 2019 (applicable to muslims wives), etc ..... of karnataka 2020 scc online kar 3397 could not much come to the aid of the appellant inasmuch as that case related to a specific challenge to a particular provision in the karnataka civil services (appointment on compassionate grounds) rules, 1996, that was eventually struck down on being challenged. ..... also notice that, the government being the rule making authority under the provisions of the karnataka state civil services act, 1978 has put an end to the discrimination of daughters on - 7 - nc:2023. ..... scriptures injunct "bharta rakshati yavvane " literally meaning that it is the duty of husband to provide maintenance to his dependent wife. ..... respondents this writ appeal filed u/s4of the karnataka high court act praying to a) set aside the order dated1906/2023 passed by the learned single judge in wp no.11957/2023 and .....

Shivanand S/o Karabasappa Gurannavar Vs. Basavva @ Laxmi W/o Shivanand ...

Court : Karnataka Dharwad

..... to have turned sore, pursuant to which, among other proceedings the respondent-wife files a petition in crl.misc.no.2/2009 invoking section 12 of the protection of women from domestic violence act, 2005 ( act for short). ..... (2) the relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or ..... 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 ..... and the expenses of such proceeding which the magistrate considers reasonable, and to pay the same to such person as the magistrate may from time to time direct: provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.]. .....

K. Narasimhan Son of Late Shri S. Krishnaswami Vs. Smt. Rohini Devanat ...

Court : Karnataka

..... filed a complaint under section 12 of the protection of women from domestic violence act against her husband and the petitioner who is her brother-in-law making certain allegations so as to attract the provisions of section 3 of the act. ..... the learned counsel for the respondent submitted that section 2(f) of the domestic violence act is the answer to section 2(s) and accordingly submitted that the provisions of section 2(f) is very much applicable to the case.8. ..... of the petitioner is that in order to attract the provisions of domestic violence act and as per the definition of section 2(s), the accused himself has shared the household. ..... between the respondent and her husband was strained, the respondent to torn initiated proceedings under the domestic violence act and also made allegations against her husband and the petitioner herein who is her brother-in-law.4. ..... learned counsel for the petitioner, the petitioner was staying independently at canada and when he came to india, he stayed at chennai and he never stayed together nor involved in any domestic violence as per the provisions of the act and it is also submitted that he has been falsely implicated in this case.5. ..... according to the learned counsel for the petitioner it is emotional abuse and what is being noted is that as per section 2(f) of the act, domestic relationship means a relationship between the two persons who lived together at any point of time in a shared household by marriage or through a relationship in the .....

Smt. Leelavathi S. W/O M. Bhaskar Vs. Shri Murgesh S/O Dharmalingam,

Court : Karnataka

..... of the revision, the learned counsel submits that the learned magistrate has followed his own procedure to conduct the enquiry which is permissible under sub section 2 of section 28 of the protection of women from domestic violence act, 2005, he drew my attention to the said provision, which reads thus:(2) nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.10. ..... provisions of protection of women from domestic violence act, 2005 make it abundantly clear that the aggrieved person has right to apply invoking section 12 of the act for benefits ..... further alleged that since he neglected and committed all acts which constitute domestic violence, the petition invoking section 12 of the act was submitted which was investigated by a competent officer ..... learned magistrate has also directed the respondent to provide separate residence for petitioner and her daughter and restrained respondents from indulging in further domestic violence.8. ..... of enquiry, the petitioner was successful in establishing the matrimonial relationship and the act of domestic violence committed by the respondents. ..... but, such a submission undoubtedly is ignoring sub-section (1) of section 28, which reads thus:(1) save as otherwise provided in this act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the code of criminal .....