Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Page 32 of about 315 results (0.143 seconds)

Arvind andors Vs. State (Nct of Delhi) and Anr

Court : Delhi

..... under section 12 of the protection of women from domestic violence act, 2005, as well as under section 125 ..... both parties shall move the family court in a joint petition seeking divorce by mutual consent under sections 13 b(1) and 13b(2) of the hindu marriage act, 1955, and that all pending proceedings initiated by the complainant, including the aforesaid proceedings under section 12 of the protection of women from domestic violence act, as well as under section 125 cr.p.c. ..... and section 12 of the protection of women from domestic violence act, are also stated ..... , we sum up and lay down the following principles by which the high court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under section 482 of the code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:29. ..... the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under section 307 indian penal code is committed or not. ..... conferred under section 482 of the code is to be distinguished from the power which lies in the court to compound the offences under section 320 .....

Sunil @ Sonu Vs. Sarita Chawla (Smt.)

Court : Madhya Pradesh

Reported in : 2009(5)MPHT319

..... short facts of the case are that the respondent filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (no. ..... court below, whereby the petitioners have been prohibited from committing any act of domestic violence, therefore, prosecution of the petitioner no. ..... aggrieved person has been defined in sub-section (a) of section 2, which reads as under:(a) 'aggrieved person' means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.learned counsel submits that similarly the word protection order has been defined under sub-section (o) of section 2 as under:(o) 'protection order' means an order made in terms of section 18.learned counsel submits that since no protection order has been passed by the learned ..... 1 deals with economic violence according to which not providing money for maintaining of food, clothes, medicine etc. .....

Payal Sancheti (Smt.) and anr. Vs. Harshvardhan Sancheti

Court : Rajasthan

Reported in : RLW2009(1)Raj431

..... then, reliance was placed on the protection of women from domestic violence act, 2005, which was also considered, and it was held, that the house in question cannot be said to be a 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005. ..... then, it has also been observed, that from the averments it transpires, that the claim is based on the protection of women from domestic violence act, apart from the fact, that she could take proceedings under section 18 of the hindu adoptions and maintenance act. ..... 7,000/- per month to her, and over and above that also, if she wants, the husband is prepared to provide appropriate residence, commensurate to her status, and the status of the parties. ..... on service, the defendant filed an application, alleging that in view of the provisions of section 7 of the family court act, the present suit for injunction is not maintainable, and that, the plaintiff, on these very allegations, has already filed application before the judicial magistrate, therefore, she could not prosecute parallel remedies as well. ..... then, provisions of section 17 and 19(1) of the act were considered, and the contentions pressed into service were turned down, and regarding her right tor protection under section 19(1)(f) and 17(1), it was held in paras25 and as under-25. .....

Santosh Bakshi Vs. State of Punjab and ors

Court : Supreme Court of India

..... high court also failed to consider that in the complaint under the protection of women from domestic violence act, 2005, the allegations are identical to the complaint made to the police.9. ..... the complaint, if made, by any woman alleging offence under the protection of women from domestic violence act, 2005 committed by any member of the family, the matter is to be looked ..... april, 2009, the appellant filed a complaint under the protection of women from domestic violence act, 2005 (hereinafter referred to as, the act ) against her in-laws. ..... , the appellant filed an application under the protection of women from domestic violence act, 2005. ..... of the appellant always stood with her and protected her from various atrocities committed by in-laws and respondent ..... no.3 was not there but when he helped his old parents, brother, sister and brother-in-law in shifting from ludhiana to jalandhar then appellant mentioned his name. ..... is required to make proper enquiry not only from the members of the family but also from neighbours, friends and others. ..... section 182 ipc relates to false information, with intent to cause public servant to use his lawful power to the injury of another person and reads as ..... taking action against the appellant u/s 182 ipc was obtained from ssp, jalandhar in november, 2009.7. ..... , the investigating agency may form a definite opinion and file report but it is for the court to decide finally whether to take cognizance for any offence under any of the provisions of the act.15. .....

A.Vidya S Vs. the State of A.P., Rep. by Its Public

Court : Andhra Pradesh

..... rs.50 lakhs from the petitioner, maintenance at rs.50,000/- per month, residential order for shelter and protection order under section 12 of the protection of women from domestic violence act, 2005 (the ..... act contemplates that before passing any order on the application from an aggrieved person or a protection officer or any other person, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider ..... the learned counsel for the petitioner that a domestic violence case can be instituted and taken cognizance of on the basis of the domestic incident report only and not otherwise. ..... of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any ..... 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 proceeding 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. ..... does not fall within the parameters provided by the first clause in bhajan lals ..... act provides .....

N. Shashikumar and Another Vs. S. Leelavathi @ S. Pramila

Court : Karnataka

..... 210/2012, against the petitioners herein, in the court of the metropolitan magistrate, bengaluru, under s.12 of the protection of women from domestic violence act, 2005 (for short, 'the act'), for grant of relief under ss.18, 20 and 22 and the learned magistrate, by an order dated 10.10.2012 having taken cognizance and ordered notice, this petition was filed to quash the proceedings of the said case. 2. ..... we are of the view that the act of the respondent husband squarely comes within the ambit of section 3 of the act, 2005, which defines "domestic violence" in wide terms. ..... the appellant wife having being harassed since 2000 is entitled for protection order and residence order under sections 18 and 19 of the act, 2005 along with the maintenance as allowed by the trial court under section of the act, 2005. ..... as per proviso under sub-section (1) of s.12, magistrate before passing any order is required to take into consideration any domestic incident report received by him from the protection officer or the service provider. ..... we agree with the view expressed by the high court that in looking into a complaint under s.12 of the act, 2005, the conduct of the parties even prior to the coming into force of the act, could be taken into consideration while passing an order under sections 18, 19 and 20 thereof. ..... sections 2(a), 2(f) and 2(s) of the act define "aggrieved person", "domestic relationship" and "shared household" respectively ..... s.23 provides for passing of interim and ex-parte orders. 6 .....

Chamundamma and Others Vs. Lakshmi and Others

Court : Karnataka

..... the parliament in its highest wisdom to provide the rights guaranteed under the constitution of india to the victims of domestic violence has enforced the statute "the protection of women from domestic violence act, 2005". ..... section 2(f) of the protection of women from domestic violence act, defines "domestic relationship"- among other things, the relationship between two persons, who live or have, at any point of time, lived together in a relationship in the nature of marriage is a domestic ..... the death benefits is already disbursed by the department in favour of defendant nos.1 to 3 since the deceased had declared the first defendant as his legally wedded wife and defendant nos.2 and 3 as his children in his service records and the first defendant since was nominated by the deceased in his insurance policy, she has received the insurance amount also. 18. ..... a registered will ex.d10 said to have been executed by the deceased one month prior to his death bequeathing all his service benefits in favour of defendant no.1 and proposing appointment on compassionate ground to second defendant among other things influenced the trial judge. ..... he has shown smt.lakshmamma as his wife in the service records and nominated her to receive the family pension after his ..... defendants-1 to 3 were his one and only wife and children, what was the necessity for the testator to describe the date and place of his marriage and bequeath his service benefits and compassionate appointment in their favour? .....

Sri N Shashikumar Vs. Smt S Leelavathi @ S Pramila

Court : Karnataka

..... 210/2012, against the petitioners herein, in the court of the metropolitan magistrate, bengaluru, under s.12 of the protection of women from domestic violence act, 2005 (for short, 'the act'), for grant of relief under ss.18, 20 and 22 and the learned magistrate, by an order dated 10.10.2012 having taken cognizance and ordered notice, this petition was filed to quash the proceedings of the said case.2 ..... we are of the view that the act of the respondent husband squarely comes within the ambit of section 3 of the act, 2005, which defines domestic violence in wide terms. ..... the appellant wife having being harassed since 2000 is entitled for protection order and residence order under sections 18 and 19 of the act, 2005 along with the maintenance as 9 allowed by the trial court under section 20(1)(d) of the act, 2005. ..... as per proviso under sub-section (1) of s.12, magistrate before passing any order is required to take into consideration any domestic incident report received by him from the 6 protection officer or the service provider. ..... we agree with the view expressed by the high court that in looking into a complaint under s.12 of the act, 2005, the conduct of the parties even prior to the coming into force of the act, could be taken into consideration while passing an order under sections 18, 19 and 20 thereof. ..... sections 2(a), 2(f) and 2(s) of the act define aggrieved person , domestic relationship and shared household respectively ..... s.23 provides for passing of interim and ex-parte orders .....

Smt Chamundamma Vs. Smt Lakshmi

Court : Karnataka

..... the parliament in its highest wisdom to provide the rights guaranteed under the constitution of india to the victims of domestic violence has enforced the statute 24 the protection of women from domestic violence act, 2005 . ..... section 2(f) of the protection of women from domestic violence act, defines domestic relationship - among other things, the relationship between two persons, who live or have, at any point of time, lived together in a relationship in the nature of marriage is a domestic ..... the death benefits is already disbursed by the department in favour of defendant nos.1 to 3 since the deceased had declared the first defendant as his legally wedded wife and defendant nos.2 and 3 as his children in his service records and the first defendant since was nominated by the deceased in his insurance policy, she has received the insurance amount also.18. ..... a registered will ex.d10 said to have been executed by the deceased one month prior to his death bequeathing all his service benefits in favour of defendant no.1 and proposing appointment on compassionate ground to second defendant among other things influenced the trial judge ..... he has shown smt.lakshmamma as his wife in the service records and nominated her to receive the family pension after 6 his ..... defendants-1 to 3 were his one and only wife and children, what was the necessity for the testator to describe the date and place of his marriage and bequeath his service benefits and compassionate appointment in their favour?. .....

Avinash Chandra Arora vs.anita Arora & Anr

Court : Delhi

..... no.60/1/2010 both the parties filled cross appeals under section 29 of the protection of women from domestic violence act, 2005 in the court of the district & sessions judge, ..... directed to pass an appropriate order on merits on the application filed by the wife-anita arora and the daughter-kirti arora under section 12 of the protection of women from domestic violence act, 2005 dated 05.03.2010 within a period of six months from the date of passing of this judgment. ..... thereafter a complaint case under section 12 of the protection of women from domestic violence act, 2005 was filed on 05.03.2010 by the wife-anita arora and the daughter-kirti arora in the court of chief metropolitan magistrate, delhi against the husband-avinash chandra arora wherein the ..... section 12 of the protection of women from domestic violence act, 2005 ..... to mention here that the husband-avinash chandra arora did not prefer to file the reply to the said application under section 23 of dv act and therefore, the learned metropolitan magistrate after perusal of the material placed on record vide order dated 25.08.2014 declined the ..... in the mean while the wife-anita arora moved an application under section 23 of dv act for interim maintenance on 25.07.2012 and the same was disposed of vide order dated 24.01.2013 stating therein that the pleadings have already been completed and six witnesses ..... towards the wife-anita arora from the date of filing of the interim maintenance application under section 23 of dv act, i.e. .....