Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 19 residence orders Court: himachal pradesh Page 1 of about 4 results (0.089 seconds)

Dev Raj Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

..... the grievance of the petitioner in this petition is that the learned judicial magistrate ist class, court no.1, dharamshala has no jurisdiction to entertain the complaint in terms of section 27 of the protection of women from domestic violence act, 2005, which provides: 27. ..... jurisdiction- (1) the court of judicial magistrate of the first class or the metropolitan magistrate, as the case may be, within the local limits of which- (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other oders under this act and to try offences under this act. ..... the question as to whether the parties are residing within the jurisdiction of the magistrate taking cognizance of the case, is a question of fact to be determined by that court. ..... in these circumstances, a direction is issued that before proceeding with the case further, learned trial court shall ascertain as to whether the parties are residing within its jurisdiction. ..... (2) any order made under this act shall be enforceable throughout india. 2. ..... the court is not competent to try the case as none of the parties reside there. .....

Dhian Dass, Vs. Mrs. Nokhi Devi Kararsu Phati and Kothi Kais

Court : Himachal Pradesh

..... in brief are that respondent had filed a complaint under section 12 of protection of women from domestic violence act, 2005 (for short act) against petitioner claiming her to be the wife of respondent ..... therefore, while upholding the order of the courts below regarding protection from domestic violation and provisions for shelter to respondent, the remaining part of both the orders awarding amounts under different heads ..... the respondent has prayed protection from domestic violence, residence order and monetary relief under section 20 of the act for physical and mental harassment of `1,00,000/-, food and ..... directed to provide suitable accommodation for the residence of respondent under section 20 of the act. ..... 9.1.2012 passed by learned sessions judge, kullu in criminal appeal no.1 of 2011, affirming order dated 15.12.2010 passed by learned chief judicial magistrate, kullu in complaint no.309-i/2010. ..... setting aside, whether the reporters of the local papers may be allowed to see the judgment yes quashing judgment dated 9.1.2012 passed by learned sessions judge, kullu in criminal appeal no.1 of 2011, affirming order dated 15.12.2010 passed by learned chief judicial magistrate, kullu in complaint no.309-i/2010. 2. ..... for the petitioner has submitted that the plea of respondent that she married with petitioner is falsified from the fact that she had applied for widow pension as widow of bhadru ram. ..... she is residing with her daughter since ..... been made for setting side the impugned orders. 5. .....

Ram Prakash and Another Vs. Sneh Lata Alias Malka and Another

Court : Himachal Pradesh

..... the respondent had filed an application under section 12 of the protection of women from domestic violence act, 2005, (for short 'act') through protection officer against the petitioner. ..... the respondent prayed for passing of protection order, residence order, restraining the petitioner from dispossessing her out of the shared house and allowing her to enter that portion of the shared house in which she was residing. ..... mandip was mentally retarded and respondent was kept as domestic help on 01.06.2002 in order to look after his mentally retarded son and old age mother. ..... the learned counsel for the petitioner has submitted that learned sessions judge vide impugned order dated 08.07.2011 has set aside all reliefs granted by learned judicial magistrate on 17.09.2010, but still allowed 3,00,000/- to respondent in equity. ..... this judgment shall dispose of criminal revision no.204 of 2011 and criminal revision no.243 of 2011 both having arisen out of order dated 08.07.2011 passed by learned sessions judge, kangra at dharamshala, in criminal appeal no. ..... therefore, learned sessions judge has rightly declined her any relief under the act by reversing the order dated 17.09.2010 of the judicial magistrate. 18. ..... once the learned sessions judge has declined any relief to the respondent under the act, the next question is whether respondent in equity is entitled to relief as granted by learned sessions judge to respondent vide order dated 08.07.2011. .....

Rahul Soorma and Others Vs. the State of Himachal Pradesh, Through Sec ...

Court : Himachal Pradesh

Reported in : 2012CrLJ2782

..... on the contrary, respondent no.2 has filed a complaint on 19.05.2011 under section 12 of the protection of women from domestic violence act, 2005 ( for short 'the act') in the court of learned chief judicial magistrate, hamirpur. ..... read with article 227 of the constitution of india has been filed for setting aside, quashing summoning order dated 25.05.2011 in domestic violence act case no.7 of 2011 and complaint pending before the judicial magistrate ist class (i), hamirpur. 2. ..... the definition of domestic violence is provided in section 3, economic abuse as per section 3 (d)(iv) includes (a) deprivation of all or any economic or financial resources to which an aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including but not limited to, household necessities for the aggrieved person and her children, if any, 'stridhan', property, jointly or separately owned by the aggrieved ..... the proviso to section 12 provides 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. 13. ..... the section 27 provides that magistrate of the first class within the local limits where the person aggrieved permanently or temporarily resides, shall be the competent court to grant a protection order and other orders under the act. .....