Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Page 10 of about 315 results (0.177 seconds)

Jeyanthi Vs. Jeyapaul

Court : Chennai Madurai

..... violence in domestic relationship, the aggrieved party, namely, the wife filed a complaint against the husband under section 12 of protection of women from domestic violence act (hereinafter referred to as the p.w.d.v.act ..... the provisions of domestic violence act can be used as a shield / sword to get protection from the domestic violence and it cannot be used as a sword for the purpose of causing violence to the other partner in the life. ..... deprivation of economic resources and prohibition as defined under section 3 (iv) of the domestic violence act comes within the purview of domestic violence (k.ramaraju vs. ..... word domestic violence has been defined in the p.w.d.v.act, 2005. ..... this petition, alleging domestic violence, was opposed by the husband as pregnant with false allegations; the alleged domestic violence is denied as false; the statement regarding income is an exaggerative one; the husband provided 25 sovereign jewels to the petitioner and her daughter and also provided a house, which was built by him worth rs.8 lakhs and also provided household articles, apart from meeting all the educational expense of her daughter. ..... the wife filed a petition under section 12 of the p.w.d.v.act, 2005, seeking the following reliefs: i) to pass protection order prohibiting the respondent from committing any act of domestic violence either physically or mentally against her and daughter; ii) to pass a residence order, making provision for residence at the house, where the petitioner was .....

Abhay Kumar Vs. The State Of Karnataka

Court : Karnataka

..... after floundering of the relationship, the wife institutes several proceedings one invoking section 12 of the protection of women from domestic violence act, 2005, the other is petition for restitution of conjugal rights in m.c.no.2536 of 2015 and the third one is the impugned proceedings for it being registered on 30-05-2018 for the afore-quoted offences. ..... the ones that are registered by the wife are invoking the provisions of the protection of women from domestic violence act, 2005; seeking restitution of conjugal rights and the subject crime. ..... the appellant's mother had to file a domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005. ..... , nearly 2 years after the filing of the divorce petition by the appellant and 6 months after the filing of the domestic violence case by her mother-in-law. ..... i request your good self to register a case and investigate and also provide protection to me and my aged parents. ..... (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party. ..... i asked my husband over phone to give me his new address so that i can come over, but he never provided me new address. .....

Dr. Jaya Sagade, Director Vs. The State of Maharashtra

Court : Mumbai

..... the petitioner is a service provider under the protection of women from domestic violence act, 2005 (dv act) as part of women's study center of the ils law college, pune maharashtra (center) where she serves as professor of law. ..... consequently rules are framed by this court to the end that the magistrate must necessarily pass some order or direction giving the violated woman some relief so soon as an application is filed by her under section 10 of the dv act, be it interim or even ad-interim, even without notice to the husband or other violators, if required, in granting her a modicum of maintenance amount or a relief of injunction in respect of her residence, the residence of her husband etc. ..... the case of the state that the functions of service providers are limited to the services enumerated in section 10 of the d v act and that there is no provision in the dv act for pre-litigation counselling and hence it must be barred is to read a socially beneficent legislation without regard to the objective it seeks to serve and the strides it seeks to make for domestic peace and harmony in the country. ..... in such cases the service provider including the police, counseller or ngos shall forthwith file a domestic incident report (dir) under section 10(2)(a) of the dv act and make an application under section 12 of the act to the relevant magistrate seeking any of the reliefs provided under the dv act. .....

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. .....

Ajay Kant and ors. Vs. Smt. Alka Sharma

Court : Madhya Pradesh

Reported in : 2008CriLJ264; I(2008)DMC1; 2007(4)MPHT62; 2007(4)MPLJ193

..... 848/07, whereby the learned magistrate had issued notice to the petitioners on an application filed by the respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act').2. ..... thus, it cannot be lost sight of that the act has been passed keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. ..... it is, therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law, which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. ..... 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;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 .....

Purinma Sahni Vs. Rati Sahni and Another

Court : Delhi

..... the division bench opined that in light of the policy underlying the act, a wide construction was needed to be given to the term joint family as provided in section 2(s) of the protection of women from domestic violence act, 2005 and therefore, joint family as understood under the act would have a wider import than the concept of hindu undivided ..... taruna batra, the learned single judge of this court, vide order dated march 21, 2014 held that the property at b-44, vishal enclave was not shared household under section 2(s) of the protection of women from domestic violence act, 2005; that surender kaur was the sole owner of the property and as a consequence, navneet kaur, being the daughter-in-law of surender kaur, would have no right to stay in the property owned by her mother-in-law ..... the division bench held that in light of the judgment of the supreme court in taruna batra s case (supra) a wife could claim a right of residence under section 2(s) of the protection of women from domestic violence act, 2005 in the premises where she stayed along with her husband as a joint family with the owners of the premises, regardless of whether she or the husband had any right, title or interest in the shared ..... of the petitioner is to the order dated september 06, 2014 dismissing appeal filed by the petitioner under section 29 of the protection of women from domestic violence act 2005 against the orders dated july 18, 2013 and december 18, 2013 passed by the learned metropolitan magistrate. 3 .....

Sabita Mark Burges Vs. Mark Lionel Burges

Court : Mumbai

..... the specific statutory provision in india has been under section 19(1)(b) of the protection of women from domestic violence act, 2005 (d.v.act) in which various injunctions are granted in favour of a woman in respect of her residence ..... application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) directing the respondent to remove himself from the shared household; (c) restraining the respondent or any of his relatives from entering any portion ..... section 19 of the d.v act came to be enacted in the first place granting essentially the wives/women peace against domestic violence in their residence, ..... to be statutorily recognised in the u.k under the domestic violence and matrimonial proceedings act 1976 (d.v.act). ..... he also alleged that the wife's domestic violence caused his children to cry and scream mama stop hurting ..... the husband has alleged domestic violence at the hands of the wife, not only at her bare hands but also ..... formalities it would not be prudent to allow the respondent to enter into the matrimonial home in view of the apprehended physical domestic violence. 21. ..... a battered wife had a right to be protected from the physical violence of her husband. .....

Pradyumna S. Harish Vs. the State by Jayanagar Police Station and Anot ...

Court : Karnataka

Reported in : ILR2010KAR4217.

..... bangalore, under the provisions of protection of women from domestic violence act, 2005 find in the said complaint, a specific allegation as regard to this accused indulged in sexual acts with the complainant was alleged and on the basis of the said allegation, the case was conducted and by order dated 15.4.2010, the miscellaneous proceedings came to be dismissed. ..... he further submitted that, the petitioner was tried under the provisions of section 12 of the protection of women from domestic violence act (in shol referred to as 'act') in c.misc.no. ..... in this regard, it is useful to refer to the provisions of the act section 18 of the said act confers power on the magistrate to pass the protection order against the domestic violence. ..... section 22 provides tor compensation main relief could be granted under sections 18 to 22 of the said act. ..... as to whether the magistrate exercising his power under the provisions of the act could try the offence one alleged in the complaint, whether the provisions of the said act provide for punishing the accused.13. ..... none of the provisions of the said act provide for trying the offence punishable under the provisions of indian penal code or any other law 14. ..... section 21 provides for custody of the child. ..... section 20 provides for monetary benefits. ..... section 19 provides for residence order. ..... police has registered the case in crime no.272/2010 for the offences punishable under sections 312, 325, 354, 362, 376, 415, 419, 420 and 493 of ipc. .....

Nagamuthula Kondaiah Vs. State of A.P., Rep. by P.P. and Another

Court : Andhra Pradesh

..... the respondent filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioner herein with a plea to restrain him from dispossessing her from shared household and also to pay ..... the complainant filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioners herein to pass protection orders, residence order, maintenance order, custody order and to pay monetary relief compensation order and any other reasonable order ..... (b) by virtue of section 2(q) respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act: provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the ..... with the aggrieved person and against whom the aggrieved person has sought any relief under this act: provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner; (c) by virtue of section 2(f) of the act, domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shred household, when they are related by .....

Md. Rajab Ali and Others Vs. Mustt. Manjula Khatoon, Nagaon

Court : Guwahati

..... 07/2009, arising out of a petition under section 12 of the protection of women from domestic violence act, 2005, for short, d.v. ..... explanation 2 of section 3 provides that to determine whether any act, omission, commission or conduct of the respondent constitutes domestic violence under section 3, the overall facts and circumstances shall be taken into consideration. 15. in s.r. ..... section 20 which provides for grant of monetary relief lays down that while disposing of an application under section 12 (1) of the dv act, the magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but is not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage ..... proviso 2 of section 126 (2) provides that if the magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the court, the magistrate may proceed to hear and determine the case ex-parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the .....