Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 13 service of notice Page 1 of about 644 results (0.167 seconds)

Dr. Preceline George Vs. State of Kerala

Court : Kerala

Reported in : 2010(1)KLT454

..... 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 notices. ..... 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 rs. ..... under 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. ..... 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? .....

Navneet Arora Vs. Surender Kaur and ors.

Court : Delhi

..... we may notice that the provisions of protection of women from domestic violence act, 2005 were not pressed into service or taken into consideration by the courts below, for the simple reason that the said act was not enacted at the relevant point of ..... pithily stated, the question arising for the consideration of this court revolves around the interpretation of the term shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005 and if the present case stands squarely covered by the authoritative pronouncement of the supreme court of india reported as (2007) 3 scc169s.r batra & anr. ..... section 2(s) of the protection of women from domestic violence act, 2005 reads as under: 2 (s) shared household means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either ..... 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. .....

Smt.Pinky Vs. Shobhit

Court : Rajasthan Jodhpur

..... , the said proceedings are pending before the family court i, jodhpur and another proceedings under the protection of women from domestic violence act, 2005 are also pending before the jurisdictional criminal court at jodhpur. ..... 2 the present petition under section 6 readwith sections 7 and 13 of the hindu minority & guardianship act, 1956 and section 25 of the guardian & wards act, 1890 has been filed at udaipur by the respondent and the petitioner being a lady is required to travel to attend the hearing at udaipur alongwith the children which involves time as well as expenditure, which is difficult for her to ..... as noticed, despite service no one has appeared on behalf of the respondent to oppose the prayer seeking transfer of proceedings. ..... this petition under section 24 cpc has been filed by the petitioner-wife seeking transfer of civil original case no.350/2012 filed by the respondent before the family court, udaipur to family court i, jodhpur. ..... ---- by the court: despite service, no one is present on behalf of the respondent. ..... it is inter-alia indicated in the application that the petitioner has filed an application for grant of maintenance for her children under section 125 cr.p.c. .....

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 ..... 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 ..... 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 ..... court was in error in issuing notice to the petitioner and the procedure followed is contrary to section 12 of the act 2005. .....

1.K.Rajendran Vs. 1.Ambikavathy

Court : Chennai

..... counsel for the first respondent/wife submits that the learned judicial magistrate has passed final orders in d.v.o.p.no.29 of 2012 on 21.09.2012 and as against the said final order as per section 23 of the protection of women from domestic violence act, 2005 (act 43 of 2005), an appeal is to be preferred by the revision petitioners/respondents and in short, the present revision petition filed by them is not maintainable before this court. ..... notice of the application filed under section 12 of the act shall be served as provided in section 13, complying the procedure laid in rule 12 of protection of women from domestic violence ..... (vii)if on service of notice, the respondent fails to appear, magistrate is to pass a final ex parte interim order under section 23(1) with or without modification ..... case an ex parte ad interim order is passed without notice, or service of notice on the respondent, on his appearance, after granting an opportunity to the respondent to object the claim and on hearing the applicant and the respondent, a final interim order under section 23(1) is to be passed with or without modification of ..... order could be passed only after service of notice as provided under rule 12(3) of the ..... the respondent that: "on perusal of the aforementioned proviso appended to the provision, it appears that before passing any order on the application, it is obligatory on a magistrate to take into consideration any report received by him from the protection officer or the service provider. .....

Farzana Ansari Vs. Abid Ali Ansari

Court : Mumbai Goa

..... the complainant had filed a complaint under section 12 of the protection of women from domestic violence act, 2005 ("the act", for short) against the respondents which came to be registered as criminal case no.27/ ..... complainant was secured with protection order under section 18 of the act and the respondents were restrained by way of injunction from committing any act of domestic violence against the applicant and her ..... , insofar as grant of protection under section 12 of the act and the restraint from committing any act of domestic violence against the complainant and her family is concerned, ..... terms of section 2(a) of the act, "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 ..... domestic violence" in terms of section 2(g) of the act, has the meaning as assigned to it in section 3 of the act ..... above, the appellate court could not have set aside the order dated 19/11/2013 insofar as the directions to the respondents no.2 to 6 to pay the amount of rs.1,00,000/- to the complainant and restraining them from committing any act of domestic violence against the complainant and her family, are concerned. 13. ..... section 3(a) of the act includes economic abuse within the meaning of domestic violence ..... view, there was ample of evidence on record that there was domestic violence meted out by the respondents as against the complainant. ..... agha waived service of notice on behalf of .....

.Nagasundaram Vs. Anitha

Court : Chennai

..... the second respondent is warranted in terms of section 9 of the protection of women from domestic violence act, 2005. ..... for the purpose of this case, section 9(1)(b) and (c) are relevant, which read as follows: (b)to make a domestic incident report to the magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;(c)to make an application in such form and in such ..... instead of attending the enquiry initiated by the second respondent, the petitioner has rushed to this court challenging the enquiry notice.6.it was claimed by the petitioner that all persons were summoned to attend the hearing as many as on four occasions and that the last hearing ..... be said to be an aggrieved person by the mere issuance of notice of enquiry as ordered by the second respondent protection officer. ..... on receipt of the complaint, the second respondent had issued notices to the petitioner, his father, brother and sisters to appear for an enquiry into the ..... enquiry till the disposal of the proceedings initiated by him in the sub court, ramanathapuram in hmop no.38 of 2011.2.when the matter came up on 27.9.2011, the learned special government pleader was directed to take notice for the second respondent district social welfare officer. .....

Dr. Rajneesh Rajpurohit Vs. Savita and anr.

Court : Rajasthan

Reported in : AIR2008Raj119

..... in spite of making laws for women's empowerment, by making laws, the law of maintenance for women is not only as it was but some more rights have been given to the women under the protection of women from domestic violence act, 2005. ..... if for sake of argument, may not be binding in the proceedings under section 25 of the hindu marriage act even then certainly is a relevant fact and, therefore, in view of the totality of the facts of the case, this court finds it appropriate to allow the revision petition of the petitioner on the basis of the subsequent event of non-petitioner's joining service and her getting more amount than what she claimed in the maintenance petition for her maintenance as well ..... 48-a/05 was registered and notices were issued under section 25 of the hindu marriage act to the respondent and in this petition under section 25 of the hindu marriage act, the trial court framed the issues on 21-9-2004. ..... depends upon the facts of each case and further because of the reason that the present case is not a case as like other cases which normally comes before the court and this fact was noticed by the court of district judge, bikaner in earlier round of litigation between the parties, which i shall be referring in brief in subsequent para again.17. .....

Reema Salkan vs.sumer Singh Salkan

Court : Delhi

..... 20 (d) of the protection of women from domestic violence act, 2005 and any other statute ..... . 204/2015 page 27 of 37 service of notice, he refused to appear before the court below and proceeded with the ex-parte on 05.03.2004.the relevant paragraph of the said order is reproduced hereunder for ready reference:"05.03.04 as per the report of overnite express ..... this remedy is irrespective of other remedies of such neglected wife, children and parents under any other statutes such as section 20 of the hindu adoption & maintenance act, 1956, sec ..... the learned counsel on behalf of the petitioner has submitted that the court below finally awarded the maintenance under section 125 cr.p.c, 1973 vide order dated 28.01.2015 ..... it is further stated that its thereafter only that the petitioner has made a complaint before caw cell (crime against women cell) against the respondent and his family members and a case fir no.127/2003 at police station-alipur under sections 498a/4ipc was got registered. ..... , 1973 and not under section 24, hindu marriage act, 1955.79 ..... and section 19 of the family court act, 1984 against the impugned order dated 28.01.2015 passed by the learned additional principal judge, family courts north, rohini, delhi in petition no.3unique case i.d ..... the learned counsel on behalf of the respondent has submitted while going through pleadings, the allegation, put qua the present respondent is not in the form of asking for maintenance rather it forms a smell of section 498a and section 406 ipc .....

Ta 606/2012 (Oandm) Vs. Ta 606/2012 (Oandm)

Court : Punjab and Haryana

..... it is further stated that the petitioner has filed two proceedings namely (i) petition under section 12 of the protection of women from domestic violence act, 2005 and (ii) complaint case under sections 406/498-a ipc, which are pending at ludhiana. ..... jaswant singh,j(oral).petitioner wife has filed the present transfer application under section 24 cpc for the transfer of divorce proceedings initiated by the husband before the learned district judge, kapurthala to any court of competent jurisdiction at ludhiana. ..... thereafter, the respondent husband is stated to have filed the divorce proceedings which, as noticed above, are pending in the court of learned district judge, kapurthala. ..... none has appeared on behalf of the respondent-husband despite service. ..... none for the respondent despite service. ..... , the divorce proceedings titled as amrik singh versus taranpreet @ gaganpreet kaur pending in the court of learned distt.judge, kapurthala is ordered to be withdrawn and transferred to the district courts, ludhiana for disposal in accordance with law from the stage of withdrawal. ..... even a single penny for the upkeep and ta 606/2012 (o&m) #2# maintenance of petitioner wife in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at kapurthala which is about 74 kms away from ludhiana. .....