Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Page 2 of about 315 results (0.107 seconds)

Mrs. Pritam Prabhu Kholkar Vs. Mr Sushant Prabhu Kholkar and Another

Court : Mumbai Goa

..... , sanguem, dated 18.03.2010, whereby the interim relief sought by the petitioner under section 23 of the protection of women from domestic violence act, 2005, came to be dismissed. ..... shri rodrigues, learned counsel appearing for the petitioner, upon instructions from the petitioner, is agreeable to provide visitation rights to the respondent and that such visitation rights shall initially be on every working saturday in the court of the learned j.m.f.c. ..... learned counsel has also raised a grievance that the respondent has not been provided with visitation rights of the minor child. 6. ..... , i pass the following : order (i) the impugned orders passed by the courts below are modified and the respondent shall pay interim maintenance to the petitioner and her minor child at a sum of rs.6,000/- per month, from january, 2012 until the disposal of the main petition. ..... learned counsel appearing for the respondents, waives service. 3. ..... dessai, learned counsel appearing for the respondent, upon instructions, has agreed to pay a sum of rs.6,000/- per month as interim maintenance from january, 2012 onwards. ..... the amounts from january, 2012 upto july 2012 shall be paid after deducting any amount which at all paid by the respondent to the petitioner. ..... , sanguem, from 3.00 p.m. to 5.00 p.m. 7. .....

Mrs. Pritam Prabhu Kholkar Vs. Mr Sushant Prabhu Kholkar and Another

Court : Mumbai Goa

..... , sanguem, dated 18.03.2010, whereby the interim relief sought by the petitioner under section 23 of the protection of women from domestic violence act, 2005, came to be dismissed. ..... shri rodrigues, learned counsel appearing for the petitioner, upon instructions from the petitioner, is agreeable to provide visitation rights to the respondent and that such visitation rights shall initially be on every working saturday in the court of the learned j.m.f.c. ..... learned counsel has also raised a grievance that the respondent has not been provided with visitation rights of the minor child. 6. ..... , i pass the following : order (i) the impugned orders passed by the courts below are modified and the respondent shall pay interim maintenance to the petitioner and her minor child at a sum of rs.6,000/- per month, from january, 2012 until the disposal of the main petition. ..... learned counsel appearing for the respondents, waives service. 3. ..... dessai, learned counsel appearing for the respondent, upon instructions, has agreed to pay a sum of rs.6,000/- per month as interim maintenance from january, 2012 onwards. ..... the amounts from january, 2012 upto july 2012 shall be paid after deducting any amount which at all paid by the respondent to the petitioner. ..... , sanguem, from 3.00 p.m. to 5.00 p.m. 7. .....

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. .....

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. .....

Ravi Dutta Vs. Kiran Dutta and anr.

Court : Delhi

..... in a complaint under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), trial court vide impugned order of 23rd june, 2008 has directed husband-ravi dutta to pay maintenance of rupees twenty thousand per month to wife- kiran dutta and another rupees twenty thousand per month towards rental and another rupees twenty thousand as compensation under section 22 of the dv act. ..... so far as direction to pay interim maintenance of `10,000/- per month is concerned, i find that appellate court in impugned order has not prima facie disclosed that petitioner-husband is or was committing an act of domestic violence as defined under section 3 of dv act. ..... (iii) it would always be appropriate for the magistrate to direct both the parties to undergo counselling with a member of service provider as per section 14 of the act. ..... act ought to have been dismissed, as complainant wife is a highly qualified lady, who has been paid `5.40 lacs annually and that there is no finding of any domestic violence being committed by petitioner-husband. ..... (ii) thereafter, he shall call for a domestic incident report from the protection officer or service provider. ..... it was submitted on behalf of petitioner-husband that grant of interim maintenance of rupees ten thousand per month is wholly justified without returning a prima facie finding of petitioner-husband being guilty of committing domestic violence. .....

Kiran Dutta Vs. State and anr.

Court : Delhi

..... in a complaint under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), trial court vide impugned order of 23rd june, 2008 has directed husband-ravi dutta to pay maintenance of rupees twenty thousand per month to wife- kiran dutta and another rupees twenty thousand per month towards rental and another rupees twenty thousand as compensation under section 22 of the dv act. ..... so far as direction to pay interim maintenance of `10,000/- per month is concerned, i find that appellate court in impugned order has not prima facie disclosed that petitioner-husband is or was committing an act of domestic violence as defined under section 3 of dv act. ..... (iii) it would always be appropriate for the magistrate to direct both the parties to undergo counselling with a member of service provider as per section 14 of the act. ..... act ought to have been dismissed, as complainant wife is a highly qualified lady, who has been paid `5.40 lacs annually and that there is no finding of any domestic violence being committed by petitioner-husband. ..... (ii) thereafter, he shall call for a domestic incident report from the protection officer or service provider. ..... it was submitted on behalf of petitioner-husband that grant of interim maintenance of rupees ten thousand per month is wholly justified without returning a prima facie finding of petitioner-husband being guilty of committing domestic violence. .....

Namita Mohanty and Another Vs. Pankaja Kumar Mohanty and Others

Court : Orissa

..... and on examining the documents, the learned sessions judge has held that there has been violation of mandatory provision of section 12 of the protection of women from domestic violence act, 2005, hereinafter referred as the act for brevity, inasmuch as, the magistrate without waiting for the domestic incident report (in short dir . ..... in the proviso to section 12(1) of the act is therefore quoted hereunder: 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. . ..... section 12 obliges the court to, before passing any order on such application take into consideration any domestic incident report received by him from the protection officer or the service provider. ..... second contention that has been raised is violation of section 14 of the act, which provides that the magistrate may at any stage of the proceedings under this act, direct the respondent or the aggrieved person, either singly or jointly, to undergo counseling with any member of a service provider who possess such qualifications and experience in counseling as ..... the respondent no.1 was directed to provide accommodation for the aggrieved person and her daughter or to pay monthly rent of rs.1,000/(rupees one thousand ..... subsection (2) provides that where the magistrate has issued any direction under subsection (1), he shall fix the next date of hearing of the case within a period .....

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. .....

Gangadhar Pradhan Vs. Rashmibala Pradhan

Court : Orissa

..... bereft of unnecessary details, the facts and circumstances giving rise to the present writ petition are as follows: opposite party-rashmibala pradhan had filed an application bearing cmc no.116 of 2007 under section 12 of the protection of women from domestic violence act, 2005 (for short, act, 2005 . ..... (iv) it empowers the magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. ..... it, is therefore, proposed to enact a law keeping in view of 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.4. ..... (v) it provides for appointment of protection officers and registration of non-governmental organizations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe, shelter, etc.5. .....

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 .....