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Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 18 protection orders Court: chhattisgarh Page 1 of about 4 results (0.140 seconds)

Nov 11 2008 (HC)

Paras Ram Sahu Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : 2009(1)MPHT35(CG)

..... panchayat raj adhiniyam, 1993 (for short, 'the adhiniyam, 1993').section 21 (1) of the adhiniyam, 1993 reads as under:21. ..... by this 'petition, the petitioner impugns the order dated 15-11-2006 (annexure p-l) passed by the additional collector, bemetara, in case no. ..... thus, the order passed by the additional collector is not sustainable in law and is quashed. ..... the finding of the additional collector is contrary to the provisions of section 21 (1) of the c.g. ..... the order dated 6-7-2006 (annexure p-2) passed by the presiding officer for no confidence motion is confirmed.6. ..... the order passed by the additional collector cannot sustain on the simple ground that the requirement of law is 3/4th of the total persons present in the proceedings and voted in favour of the 'no confidence motion' to hold that the motion ..... no order as to costs. ..... 36-c/144/2005-06, whereby the decision of the presiding officer was quashed wherein it was held by the presiding officer that the 'no confidence motion' was not carried out.2. .....

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Sep 28 2007 (HC)

Smt. Neetu Singh Vs. Sunil Singh

Court : Chhattisgarh

Reported in : AIR2008Chh1

..... neetu singh has questioned legality and correctness of the order dated 15-6-2006 passed by the judge, family court, bilaspur on an application filed by the appellant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act, 2005') whereby learned judge, family court held that since application has been filed under section 12 of the act, 2005, which ought to have been filed before the magistrate and the relief sought for falls under the jurisdiction of the civil court, therefore, it be returned ..... therefore, in order to provide a remedy in the civil law for the protection of women from being victim of domestic violence and to prevent the occurrence of domestic violence in the society for the protection of women from domestic violence, the act, 2005 has been enacted by the parliament. ..... aggrieved person as defined in section 2(a) of the act, 2005 is subject of domestic violence as defined in section 3 of the act, 2005, she is entitled to move an application before a magistrate under section 12 of the act, 2005 for seeking relief for issuance of the order for payment of compensation or damages without prejudice to 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.6. .....

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Nov 11 2008 (HC)

Rajesh Kurre Vs. Safurabai and ors.

Court : Chhattisgarh

Reported in : 2009(1)MPHT37(CG)

..... 5/2008, whereby learned sessions judge has partly modified the amount of monthly maintenance awarded to the non-applicants under the provisions of section 20(1)(d) of the protection of women from domestic violence act, 2005 (for short 'the act') by the judicial magistrate, first class, kawardha vide order dated 14-12-2007 of misc. ..... learned counsel for the applicant submits that section 20(1) of the act envisages that while disposing of an application under sub-section (1) of section 12, the magistrate is competent to direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person as a result of the domestic violence including the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code. ..... and any child of the aggrieved person as a result of the domestic violence and such relief may include, but is not limited to,-(a) the loss of earnings;(b) the medical expenses;(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the code of criminal procedure, 1973 (2 of 1974 .....

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Jul 23 2014 (HC)

Vishal Jindal and Others Vs. Puja Jindal and Another

Court : Chhattisgarh

..... ), 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 aggrieved person or visitation ..... thus, in view of the aforesaid fact, an interim protection order passed under section 18 substantially affects the rights of party at least till the final orders are passed or till such orders are altered or modified as breach of the order passed under section 23(2) is an offence, punishable under section 31 of the act of 2005, and therefore, the order passed under section 23, will be amenable to the appellate jurisdiction under section 29 and it cannot be held that such interim orders would be purely interlocutory (procedural) orders, which will not affect the rights of parties at all .....

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