Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 10 service providers Page 4 of about 315 results (0.123 seconds)

Mrs.Sabah Sami Khan. Vs. Adnan Sami Khan.

Court : Mumbai

..... the case of domestic violence under section 3 of the protection of women from domestic violence act, 2005 (d.v. ..... of an 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 18 wp-6625 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 into any ..... act may have to be considered based upon the facts of each case and not necessarily with the aid and assistance of any protection officer or service provider. ..... in india, the wife s right to reside in a shared household is under section 17 of the domestic violence and matrimonial proceedings act, 1976, for which orders under section 19 thereof can be passed. ..... it is contended on behalf of the respondent-husband that the domestic incident report of a protection officer or a service provider under section 12 of the d.v. ..... act, an alternative premises being a residential home would be required to be provided to the aggrieved party under section 19(1)(f) thereof. ..... alternatively, a residence may be provided for the wife under sub-section (f) of section 19 of the d.v. .....

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. .....

Razzak Khan and ors. Vs. Shahnaz Khan

Court : Madhya Pradesh

Reported in : 2008(4)MPHT413

..... 2007 order dated 29-9-2007 by learned jmfc jabalpur in proceeding under section 9(b), 37(2)(c) of protection of women from domestic violence act, 2005 (in short 'act 2005') whereby these revisions have been filed before this court.2. ..... shahnaz khan and directed protection officer for providing accommodation in the ancestral house of husband under section 19(1)(f) of the 'act 2005' and further granted ..... circumstances required so, divorcee wife shahnaz khan in view of section 19(1)(f) of the 'act 2005' in the alternative husband ramzan khan is directed to secure same level of alternate accommodation for shahnaz khan as enjoyed by her in the shared house with the help of protection officer or he will pay rs. ..... -(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;(f) 'domestic relationship' means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are ..... court does not find any such illegality, irregularity or perversity in the impugned order to interfere in these revision petitions except modification as provided in section 19(1)(f) of the 'act 2005'.with this modification, both revisions are dismissed. ..... shahnaz khan for going to service (work place) nor he will snatched her .....

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 .....

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. .....

Shri. Maroti S/O. Dewaji Lande Vs. Sau. Gangubai W/O. Maroti Lande and ...

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. .....

Hiral P. Harsora and Ors. Vs. Kusum Narottamdas Harsora and Ors.

Court : Supreme Court of India

..... question as to the constitutional validity of section 2(q) of the protection of women from domestic violence act, 2005, (hereinafter referred to as the 2005 act ).3. ..... to provide various innovative remedies in favour of women who suffer from domestic violence, against the perpetrators of such violence.15. ..... 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. ..... 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.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, ..... with the doctrine of reading down, this court held:- but it was said that the aforesaid regulation should be read down to mean that it would apply only when the fault is that of the service provider. .....

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. .....