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 .....
Tag this Judgment!Court : Andhra Pradesh
..... of 2009 on the file of judicial magistrate of first class, dharmavaram, anantapur district, and consequently direct the magistrate to register the complaint and try the case as per the provisions of the protection of women from domestic violence act, 2005 (for short 'the act').2. ..... duties of the police officers and service providers are envisaged under section 5 of the act and under section 9 of the act the protection officers have to assist the magistrate in discharge of his functions under the provisions of the act. ..... proviso only says 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 of the act is as follows.12.application to magistrate:-(1) an aggrieved person or a 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 ..... 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:3. .....
Tag this Judgment!Court : Mumbai Nagpur
..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of rs. ..... section 12 which require application before the magistrate for obtaining order or reliefs under the act contains proviso to the effect 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. ..... in the absence of notification of a protection officer or registered service provider, it may not be possible for magistrate to receive domestic incident report before disposing of application made by the aggrieved person under section 12 of the act. ..... in other words, if there is a domestic incident report that is received by the magistrate either from the protection officer or from the service provider then only it is obligatory for the magistrate to take note of the same before passing final order of the application made by the aggrieved person. 14. ..... in view of the section 7 of the act and such appointment must be notified in the area for which such protection officer shall exercise powers and perform the duties in accordance with the act, while service provider is required to register himself under section 10 of the act. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
..... thereafter, for whatever reason, there were misunderstandings between the parties, as a result whereof, on 29th november, 2006, the respondent filed a petition before the magistrate under section 12 of the protection of women from domestic violence act, 2005, hereinafter referred to as the "pwd act", seeking various reliefs. ..... , vis-`-vis, the provisions of sections 31 and 33 of the pwd act, 2005, and after examining the statement of objects and reasons for the enactment of the pwd act, 2005, the learned judge held that it was with the view of protecting the rights of women under articles 14, 15 and 21 of the constitution that the parliament enacted the pwd act, 2005, in order to provide for some effective protection of rights guaranteed under the constitution to women, who are victims of any kind of violence occurring within the family ..... thereafter, on the petitioner's retirement from service, the respondent was compelled to vacate the accommodation in mathura and a direction was given by the magistrate to the petitioner to let the respondent live on the 1st floor of house no.d-279, nirman vihar, new delhi, and if that was not possible, to provide a sum of rs.10,000/- per month to the respondent towards rental charges for acquiring an accommodation of her choice. 10. .....
Tag this Judgment!Court : Chhattisgarh
..... the protection of women from domestic violence act, 2005 has been enacted to provide for more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. ..... ), by which, their appeal filed under section 29 of the protection of women from domestic violence act, 2005 (hereinafter called as act of 2005) has been dismissed. 2. ..... the reliefs which can be granted on an application under section 12 of the aforesaid act can be broadly classified as under: (i) protection orders under section 18 which are for preventing the respondent from committing an act of domestic violence; (ii) residence orders under section 19; (iii) monetary relief under section 20 which includes maintenance, loss of earnings, medical expenses and loss caused due to destruction, damage or removal of any property from the control of the aggrieved person; (iv) custody orders under section 21 dealing with temporary custody of any child or children to the ..... chapter iii of the act of 2005 containing sections 4 to 11 deals with the procedure for appointment of protection officers, service providers etc. .....
Tag this Judgment!Court : Supreme Court of India
..... to file (i) a missing children s report on 19.08.2015; and thereafter (ii) an application under section 12 of the protection of women from domestic violence act, 2005 (the dv act ) on 17.08.2015. ..... leaving this part of the appeal, one particular paragraph in the acp skeleton argument deserves to be widely understood and, i would strongly urge, accepted: 'much like an allegation of domestic abuse; the decision about whether or not a parent has alienated a child is a question of fact for the court to resolve and not a diagnosis that can or should be ..... the socio- economic and educational opportunities which may be made available to the minor children; (ii) healthcare and overall- wellbeing of the children; (iii) the ability to provide physical surroundings conducive to growing adolescents but also take into consideration the preference of the minor children as mandated under section 17(3) of the act.3 furthermore, we are equally conscious that the stability of surrounding(s) of the minor children is also a consideration to be weighed appropriately.413. ..... we find ourselves unable to subscribe to the aforesaid view, as we find that the indian armed forces provides a robust support system to the kin of its officer(s) so as to ensure minimal disruption in the lives of the civilian member(s) ..... that the minor children along with the appellant were residing in gulmarg, jammu and kashmir and were scheduled to move to bikaner, rajasthan in furtherance of the nature of the appellant s service. .....
Tag this Judgment!Court : Punjab and Haryana
..... the respondent denied the allegations of the appellant and stated that the petition was a counter blast to a complaint filed by her under sections 18 to 22 of the protection of women from domestic violence act, 2005.5. ..... the present appeal has been filed by appellant-husband against the judgment and decree dated 11.9.2013, whereby the petition filed under section 13 of the hindu marriage act (hereinafter called the act) by the appellant was dismissed.3. ..... he had singh ishwar 2014.02.11 04:33 i attest to the accuracy of this order high court chandigarh fao no.m-393 of 2013 (o&m) {2} earlier filed a petition under section 9 of the act, which was dismissed in default. ..... by the respondent and she had also treated him with cruelty but the trial court wrongly held that it was the appellant who had been misbehaving with the respondent and was not providing maintenance to his children. ..... on the last date of hearing, learned counsel for the appellant had taken time for filing the copy of order, whereby the petition of the respondent under section 125 code of criminal procedure (`cr.p.c. ..... even otherwise, marriage took place in 1984 and it has also come on record that the appellant retired from service on 31.5.1993. ..... the respondent had claimed maintenance by filing a petition under section 125 cr.p.c. ..... today, learned counsel for the appellant submits that he does not wish to place on record copy of the order of dismissal of petition filed by the respondent-wife under section 125 cr.p.c. .....
Tag this Judgment!Court : Punjab and Haryana
..... a sum of rs.7000/- per month for the accommodation which he arranged for the residence of petitioners in terms of orders passed under protection of women from domestic violence act, 2005.11. ..... the epitome of the facts and material, culminating in the commencement, relevant for deciding the instant revision petitions and emanating from the record, is that, the marriage between petitioner-husband arvind kumar sharma 2014.03.22 09:26 i attest to the accuracy and integrity of this document chandigarh civil revision nos.270 & 1666 of 2012 ..... facts and circumstances, petitioner no.1 is allowed maintenance pendente lite of rs.8000/- per month payable from the date of petition under section 24 of hindu marriage act. ..... tax, provident fund, etc ..... for maintenance pendente lite and litigation expenses under section 24 of the act.3. ..... husband is working as senior manager with the indian oil corporation and getting the package of ` 9/10 lacs per year, besides minimum salary of ` 1.25 lac per month plus having income from other sources and getting more than ` 50,000/- per month as ta, bonus, medical and other service benefits etc. ..... strained and petitioner- husband has instituted the divorce petition against the respondent-wife for the dissolution of their marriage by way of decree of divorce under section 13 of the hindu marriage act, 1955 (hereinafter to be referred as the act .). ..... not entitled to any maintenance over and above rs.8000/- each per month already awarded to them under section 125 cr.pc. .....
Tag this Judgment!Court : Delhi
..... interestingly, we find that the definition of shared residence under section 2(16) of the bangladesh domestic violence (prevention and protection) act, 2010 and the term household as defined under section 2(g) of the pakistan domestic violence (prevention and protection) act, 2012 is conspicuously similar to the conception of shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005. ..... it is, therefore, proposed to enact a law keeping view the rights guaranteed under article 14,15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society... ..... 213 flavia agnes has expressed a view that even before the enactment of the protection of women from domestic violence act, 2005 the courts in india protected the possession and a right of occupation of women to their matrimonial household in view of the consideration that women contribute to the domestic unit, both economically and through services rendered by performing domestic duties. ..... the court lodged a caveat that the domestic violence act provided essentially a temporary remedy in the form of residence orders and such orders did not in any manner confer proprietary rights in the matrimonial home but merely protected occupation/possession.116. .....
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