Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 2 definitions Court: himachal pradesh Page 1 of about 2 results (0.101 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. ..... 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. ..... (2) any order made under this act shall be enforceable throughout india. 2. .....

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 protection officer on the basis of application moved by respondent as well as her complaint received from state commission for women through superintendent of police, kangra at dharamshala, prepared domestic violence report and filed the application before the court. ..... the petitioner was restrained from committing any act of domestic violence against respondent. ..... velusamy has observed that no doubt the view the supreme court had taken would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for the court to legislate or amend the law. ..... no doubt the view we are taking would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or amend the law. ..... the learned counsel for the respondent has relied chanmuniya versus virendra kumar singh kushwaha and another (2011) 1 scc 141, where the supreme court has held as follows:- most significantly, the act gives a very wide interpretation to the term domestic relationship as to take it outside the confines of a marital relationship, and even includes live-in relationships in the nature of marriage within the definition of domestic relationship under section 2(f) of the act. .....

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. ..... the protection officer on receipt of complaint of domestic violence under rule 5 of the protection of women from domestic violence rules, 2006 ( for short 'rules') shall prepare a domestic incident report and submit the same to the magistrate and supply copies thereof to service provider. ..... the sub-section (1) of section 9 provides that it shall be the duty of the protection officer (a) to assist the magistrate in discharge of his functions under the act (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 the copies thereof to service provider etc.. ..... 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 .....

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

Court : Himachal Pradesh

..... the facts 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. ..... 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 cloths etc ..... 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 are not ..... learned counsel 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. ..... respondent has filed the complainant under section 12 of the act. ..... petitioner was directed to provide suitable accommodation for the residence of respondent under section 20 of the act. ..... the domestic relationship and domestic violation have not been ..... petitioner has turned out the respondent from matrimonial home in january, 2010. ..... complaint was made to the gram panchayat where a compromise was affected but petitioner was turned out from matrimonial home in january, 2010. ..... petition under section 482 cr.p.c. ..... it does not emerge from the statement of rw-2 that respondent has represented that she has not married with petitioner after the death of bhadru .....