Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 12 application to magistrate Page 1 of about 621 results (0.216 seconds)

Nayanakumar Vs. the State of Karnataka and anr.

Court : Karnataka

Reported in : ILR2009KAR4295

..... 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). ..... patil submitted that it is only pursuant to the report received from the district legal services authority the trial court thought it fit to issue notice to the respondent and 2nd respondent has filed petition under section 12 of the act and said petition is under consideration and no order has been passed on the said application in view of the petitioner having approached this court and having obtained interim order of stay.7. ..... 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. .....

Shanker Vs. Meena

Court : Delhi

..... further submitted that under section 12(2) of the protection of women from domestic violence act, 2005, 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. 12. ..... further she submits that under rule 6(5) of the protection of women from domestic violence rules, 2005, which reads as under:- "6.applications to the magistrate. ..... for a term which may extend to one month or until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with ..... vide order dated 18.12.2010, the application for clarification of the petitioner was dismissed whereas; the execution application filed by respondent was allowed and directed to pay the difference amount of ` 2,000/- per month from the date of order passed by learned metropolitan magistrate. 17. ..... it is submitted that when the respondent moved an application for execution before learned metropolitan magistrate; the petitioner simultaneously, also filed an application for clarification. 16. .....

Kusum Lata Sharma Vs. State and anr.

Court : Delhi

..... nagender vashishtha & ors" received summons from the court of learned metropolitan magistrate under section 12 of the protection of women from domestic violence act, 2005(in short the act) to appear on 8th march, 2011. ..... in such circumstances, it 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, 2005. 15. ..... no restrictive 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. ..... thus, a perusal of section 2(a) and 2(f) of the act shows that any woman who is in a domestic relationship, the said domestic relationship being one between two persons who lived at any point of time together in a shared household related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or family members living as a joint family and alleges that she has been subjected to any domestic violence by the respondent is entitled to relief under the act. 8. ..... , sister, mother, daughter or sister-in-law as aggrieved person can file application against adult male person only. ..... hence, a plain reading of the act would show that an application will not lie under the provisions of this act against a female. ..... petition and application are dismissed. .....

P.K.Nagarajan @ Meenakshisundara Vs. 1.N.Jeyarani

Court : Chennai

..... . 9.proceeding further, the learned counsel for the petitioner takes a stand that even as per proviso to section 12 of protection of women from domestic violence act, 2005, before passing any order on such application, the magistrate shall take into account any domestic incident report received by him from the protection officer or the service provider and also no such report received either from the protection officer or service provider and also no conclusion was arrived at as to whether it was satisfied that the petitioner committed any domestic violence against the respondents or not ..... . 29.really speaking, section 19 of the protection of women from domestic violence act, 2005 speaks of 'residence orders.is to be read along with section 12 'application to magistrate' of the act ..... and dispositions: 24.at the outset, it is to be pointed out that in s.t.c.no.1777 of 2009, the respondents (wife and children) as petitioners have filed a petition/application under section 12 of the protection of women from domestic violence act, 2005 seeking the following reliefs as against the revision petitioner/husband: i].protection order under section - 18 i)prohibiting the respondent from committing any act of domestic violence against the petitioner; ii)prohibiting the respondent from committing any act of domestic violence against the parents and brother of the petitioner including filing false complaint against them by utilizing the cheques .....

Arivazhagan Vs. 1. M. Uma

Court : Chennai

..... protection of women from domestic violence act, 2005 is a special act and even though the learned judicial magistrate is empowered to adopt his own procedure for disposal of an application under section 12 or under sub-section 12 or section 23 of the ..... aptly points out that section 12 of the protection of women from domestic violence act, 2005 speaks of an application to be filed before a magistrate by an aggrieved person or a protection officer or any other person on behalf of the aggrieved person seeking one or more reliefs under the act.15 ..... the revision petitioner/husband, the learned judicial magistrate, aranthangi should have seen that c.m.p.no.9459 of 2010 (filed by the first respondent/wife under section 128 of the criminal procedure code) is not maintainable to execute the order of maintenance passed under section 12 of the protection of women from domestic violence act, 2005, as if the said order and claim in m.c.no.5 of 2009 has been passed under section 125 of the criminal procedure code.5. ..... . be that as it may, in view of the fact that as per section 29 of the protection of women from domestic violence act, 2005, there is an effective and alternative remedy of filing of an appeal by the revision petitioner/husband as against the order dated 23/4/2012 in c.m.p.no.9459 of 2010 (m.c.no.5 of 2009) passed by the learned judicial magistrate, aranthangi, this court is of the considered view that the present revision petition filed by the revision petitioner/husband is not per .....

Dr. Preceline George Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT454

..... what is the procedure to be adopted by a magistrate while dealing with an application filed under section 12 of the protection of women from domestic violence act, 2005? ..... sub-section (2) reads:(2) if the magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.rule 12 of the protection of women from domestic violence rules, 2006 provides means of service of ..... notice of the application filed under section 12 of the act shall be served as provided in section 13, complying the procedure laid down in rule 12 of protection of women from domestic violence rules. ..... clause (c) of sub-rule (2) of rule 12 of the protection of women from domestic violence rules, for serving notice under section 13 of the act, the provisions of order v of code of civil procedure is made applicable. ..... ext.p2 ex parte order was passed under section 23(2) of the protection of women from domestic violence act (hereinafter referred to as the act) without notice to the petitioner directing him not to enter into the compound of the house of the parents of the second respondent wife and also directing him to pay .....

Bhupender Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

..... 1.by the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent.6. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service provider. ..... section 27 of the domestic violence act provides which judicial magistrate court can have jurisdiction to entertain an application under section 12 of the act. .....

Diwan Singh Mehra Vs State Nct of Delhi and anr.

Court : Delhi

Reported in : AIR2011Del76(FB)

..... 1.by the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent. 6. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service provider. ..... section 27 of the domestic violence act provides which judicial magistrate court can have jurisdiction to entertain an application under section 12 of the act. .....

SachIn Vs. Sau. Sushma

Court : Mumbai Nagpur

..... application under section 12 of the protection of women from domestic violence act, 2005 before the learned magistrate ..... section 125(3) of the code of criminal procedure for getting compliance of the orders passed by the magistrate under section 125(1) of the code will have to be followed for executing the orders passed by the magistrate under section 20 (monetary reliefs) of the protection of women from domestic violence act, 2005 ..... from the order of the learned magistrate that the learned magistrate was of the view that he could formulate his own procedure under section 28(2) of the protection of women from domestic violence act, 2005 ..... section (2) of section 28 of the protection of women from domestic violence act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the protection of women from domestic violence act, 2005 ..... section (2) of section 28 of the protection of women from domestic violence act, 2005 ..... section 125(1)(a) of the code of criminal procedure are analogous to the reliefs available under section 20 of the protection of women from domestic violence act, 2005 ..... month or until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living .....

Madhusudan Bhardwaj and ors. Vs. Mamta Bhardwaj

Court : Madhya Pradesh

Reported in : 2009CriLJ3095

..... 5279/2007, whereby the learned magistrate has partly allowed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act') filed by respondent-mamta bhardwaj, the wife of the petitioner no. ..... in support, he has drawn attention at section 28 of the act and rule 6(5) of the protection of women from domestic violence rules, 2006(hereinafter referred to as the 'rules') and has submitted that the procedure for disposal of an application under section 125 of cr.p.c. ..... it is clear that the act has been enacted for safeguarding the rights of a woman guaranteed under the constitution and to provide protection against her victimization from domestic violence, interpretation of the provisions keeping this pious principle in mind is required . ..... as argued, it is true that the opening words of the section 18 are that- 'the magistrate may, after giving the aggrieved person and respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place pass a protection order in favour of the aggrieved person and prohibit the respondent from...'. ..... - the magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from-(a)to(g)....section 28. .....