Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 37 power of central government to make rules Page 1 of about 467 results (0.272 seconds)

Ram Kishan Singh Vs. Uoi and anr

Court : Delhi

..... writ petition, the petitioner, who is the father-in-law of the 2nd respondent, has approached this court seeking two reliefs- one is to declare section 27(1) of the protection of women from domestic violence act, 2005 (for short the dv act ), as ultra vires article 21 of the constitution of india, and secondly to quash the proceedings under section 12 of the d.v.act, in complaint no.22487/2008 pending in the court of shri sanjeev kumar m.m. ..... the learned counsel for the central government has relied on the judgments of this court as well as the apex court and submitted that the temporary residence as envisaged under the d.v.act is such residence where an aggrieved person is compelled to take shelter or compelled to take up job or ..... proceeded to hear the arguments of the learned counsel for the respondent central government and the 2nd respondent. w.p. ..... 15(3) makes an exception to the rule against discrimination as provided under article 15(1) and confers a discretionary power on the state to make special provisions for women and children because it recognizes that women in india have been socially and economically handicapped for centuries and therefore so as to bring effective equality between men and women, taking into consideration how the women are subjected to harassment in several forms, the parliament has enacted several laws, like the dowry prohibition act 1961, ..... the standing counsel for the respondent central page 3 of 13 government has placed his written submissions on .....

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

..... the only legislations which come to one s mind which in fact created social status or facilitated the status of individuals in private fields are the special marriage act, 1954, the protection of women from domestic violence act, 2005 ( dv act ), and section 41 of the juvenile justice (care and protection of children) act (which enables adoption amongst members of all faiths and (a) any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas or sikhs by religion (b) any child, legitimate or illegitimate, one of whose parents is a hindu, buddhist ..... in shakti vahini (supra), proceedings under article 32 of the constitution were instituted seeking directions (i) to state governments and the central government to initiate steps to combat honour crimes or caste-based or religion- based murder and submit a national plan of action and a state plan of action to curb such crimes; (ii) to direct state governments to constitute special cells in each district; and (iii) to launch prosecutions in each case of honour killing or caste- 134 part d based or religion-based murder. ..... it is settled law that delegated legislation must be consistent with the parent act and must not exceed the powers granted under the parent act (jj act).257 the rule making authority must exercise the power for the purpose for which it is granted. .....

Mrs. Savita Bhanot Vs. Lt. Col. V.D. Bhanot

Court : Delhi

Reported in : (2010)158PLR1

..... on 29.11.2006, the petitioner filed a petition before the magistrate under section 12 of protection of women from domestic violence act 2005 (hereinafter referred to as 'the act') seeking various reliefs. ..... kantabai' ii (2009) dmc 787, it has been recorded in para 4 of the judgment that the petitioners were prosecuted by the respondent for an offence punishable under section 23 of the protection of women from domestic violence act, 2005. ..... the legislature has from time to time been making efforts to impart justice and fair play to the women by means of various statutory enactments and protection of women from domestic violence act, 2005, is a landmark initiative taken by the parliament to confer certain important benefits including right of residence on a woman and to penalize those, who fail to provide those benefits to the women despite judicial mandate in the form of order passed by a court under the provisions of the act. ..... the respondent, in the meantime, retired from service on 6.12.2007 and on 26.2.2008, he filed an application for eviction of the petitioner from the government accommodation in mathura cantt. ..... section 19 of the act confers power on the magistrate to pass a residence order on being satisfied that domestic violence had taken place. .....

Saraswathy Vs. Babu

Court : Chennai

..... a petition in crl.m.p.no.2421/2008 before the xiii metropolitan magistrate seeking reliefs under section 19,20 and 22 of the protection of women from domestic violence act, 2005 (herein after referred to as the act). ..... takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman ..... andhra pradesh high court and madhya pradesh high court have neither considered that the act does not make any act of domestic violence or any other act punishable and it is only the contravention of an order passed under the provisions of the act, which has been made punishable under section 31 of act, nor have they taken note of the fact that proceedings under the act are meant to provide civil remedy to the aggrieved person as noted in the ..... has been held that ..........the spirit of the law may well be an elusive and unsafe guide and the supposed spirit can certainly not be given effect to in opposition to the plain language of the sections of the act and the rules made thereunder. ..... the petitioner has relied on one further ruling of this court in vandhana vs. .....

Aruna Parmod Shah Vs. Union of India (Uoi)

Court : Delhi

Reported in : 2008(102)DRJ543

..... the petition contains two prayers - (a) for declaring the protection of women from domestic violence act, 2005 (for short 'act) as ultra virus the constitution of india and (b) to quash the proceedings before the metropolitan magistrate, new delhi. ..... the challenge to the virus of the protection of women from domestic violence act is misconceived and devoid of merit. ..... and reasons of the subject statute records that - 'it is, thereforee, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society'. ..... parliament was at the same time fully alive to the reality that section 498-a of the indian penal code, dealing with the malaise of dowry demand and attendant cruelty meted out to women, does not and cannot address the pressing need to provide protective measures against the consequences and repercussions of the pernicious prevalent practice of the demand of dowry. ..... once again, we do not rule out the exception but such cases would be rare to find, thus obviating the need of parliament to provide protection to the male victim. ..... we do not rule out the possibility of a man becoming the victim of domestic violence, but such cases would be few and far between, thus not requiring or justifying the protection of parliament.5. .....

Shri. Maroti S/O. Dewaji Lande Vs. Sau. Gangubai W/O. Maroti Lande and ...

Court : Mumbai Nagpur

..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of ..... the main contention of the petitioner is that the application under section 12 of the protection of women from domestic violence act, 2005 was inordinately delayed and there was no reasonable explanation for the delay and, secondly, that petitioner is not liable to pay maintenance particularly to the son who is already attained age ..... when aggrieved person has chosen to approach the magistrate directly as observed by the karnataka high court that the proviso section 12 makes it clear that the magistrate shall have to take in to account any incident report received by him before passing any order of the application filed by the aggrieved ..... view of the section 7 of the act and such appointment must be notified in the area for which such protection officer shall exercise powers and perform the duties in accordance with the act, while service provider is required to register himself under section 10 of the act. ..... word 'any' in the proviso would indicate that if such report is received, if any, because before receiving such report it is essential that for the area concerned state government must have appointed protection officer. ..... question was dealt with by karnataka high court in the ruling of narayankumar v. ..... rule, made .....

A. Ashok Vardhan Reddy and Others Vs. Smt. P. Savitha and anr

Court : Andhra Pradesh

..... in the domestic violence case, saritha, the 2nd respondent in criminal petition no.2539 of 2009, sought for protection orders, return of 'sthridhana', monetary relief, compensation, damages and other appropriate reliefs under the protection of women from domestic violence act, 2005 (for short "the act") against the petitioners in criminal petition no.2539 of 2009 ..... , without going into the question whether the provisions of the act can be retroactive in relation to any continuing events amounting to domestic violence as defined under section 3 of the act, it was opined that irrespective of any retrospective or retroactive effect to the provisions of the act, the continuing state of affairs since the date of the act coming into force, ex facie, make the petitioner have the required cause of action for pursuing a remedy under section 12 of the act for obtaining necessary orders or reliefs. ..... the well settled parameters governing the exercise of the inherent power under section 482 of the code of criminal procedure should be kept in mind while examining the questions in issue ..... making it clear that in deciding the question of applicability of particular remedial statute to past events, the language used is no doubt most important factor to be taken into account, the learned judge stated the same to be not positively stated as an inflexible rule but use of present tense or present perfect tense is decisive of the matter that the statute does not draw upon past events for its operation .....

Deoki PanjhiyarA. Vs. Shashi Bhushan Narayan Azad and anr.

Court : Supreme Court of India

..... , who was married to the respondent in the year 2006, had filed a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act) seeking certain reliefs including damages and maintenance. ..... the different clauses of the bill were considered by a parliamentary standing committee and recommendations were made that having regard to the object sought to be achieved by the proposed legislation, namely, to protect women from domestic violence and exploitation, clause (2)(i) defining "relative" may be suitably amended to include women who have been living in relationship akin to marriages as well as in marriages considered invalid by law. ..... it has been pointed out that while rendering its opinion in the aforesaid case this court had no occasion to take into account the deliberations of the parliamentary standing committee on the different clauses of protection of women from domestic violence bill, 2002. ..... learned counsel has also submitted that the conduct of the appellant makes it clear that she had approached the court by suppressing material facts and with unclean hands which disentitles her to any relief either in law or ..... both the appellant and the respondent are governed by the provisions of the hindu marriage act, 1955. ..... arise when recourse to a court for a declaration regarding the nullity of a marriage claimed by one of the spouses to be a void marriage, will have to be insisted upon in departure to the normal rule. .....

Vishal Damodar Patil Vs. Vishakha Vishal Patil

Court : Mumbai

Reported in : 2009CriLJ107

..... with a view to appreciate the submissions, it will be necessary to refer to the facts of the case in brief.the first respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the said act). ..... the said rules are known as the protection of women from domestic violence rules, 2006 (hereinafter referred to as the said rules). ..... on an affidavit being filed in the prescribed form, the learned magistrate can exercise power to grant an ex parte ad interim orders under sections 18, 19, 20, 21 or 22 of the said act provided the learned magistrate is satisfied that the application made by the aggrieved person prima facie discloses that the respondent to the said application is committing or has committed an act of domestic violence or there is a likelihood that the respondent may commit an act of domestic violence. ..... there are rules framed by the central government in exercise of power conferred by section 37 of the said act. ..... procedure:(1) save as otherwise provided in this act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the code of criminal procedure, 1973. ..... from the scheme of the provisions of the said act and in particular section 23 read with section 28 of the said act and rule 7 of the said rules, it is apparent that there is no such requirement of law. .....

Yusuf Allabuksh. Vs. Julakia Bee

Court : Chennai

..... the learned counsel would further contend that as per section 27 of the protection of women from domestic violence act, 2005 the learned judicial magistrate, kallakurichi has got territorial jurisdiction to entertain the complaint.6. ..... the first respondent has filed the said petition under the provisions of the protection of women from domestic violence act, 2005, seeking maintenance, share in the household and other reliefs as provided in section 18 of the said act. ..... thus, it is obvious that the main purpose for which the act has been brought into force is only to protect the rights of women and to protect the victims of domestic violence. ..... in the said judgment, the hon'ble supreme court had to consider sub-section 2 to section 11 of the consumer protection act which reads as follows:"11(2) a complaint shall be instituted in a district forum, within the local limits of whose jurisdiction,-(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the ..... section 18 of the act does not make provision of sub-section (2) of section 11 applicable to the state commission. ..... "a close reading of the above provision would make it abundantly clear that for filing a petition seeking protection orders, it is not necessary that there should have arisen a cause of action or atleast a part of cause of action, within the territorial jurisdiction of the judicial magistrate concerned. .....