Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 6 duties of shelter homes Page 1 of about 199 results (0.107 seconds)

Rajnesh Vs. Neha

Court : Supreme Court of India

..... is not necessary.10 (e) protection of women from domestic violence act, 2005 ( d.v. ..... such minor female child, if married, is not possessed of sufficient means : provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allow for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the magistrate considers reasonable, and to ..... professionally qualified; whether the applicant has any independent source of income; whether the income is sufficient to enable her to maintain the same standard of living as she was accustomed to in her matrimonial home; whether the applicant was employed prior to her marriage; whether she was working during the subsistence of the marriage; whether the wife was required to sacrifice her employment opportunities for nurturing the family ..... the plea of the husband that he does not possess any source of income ipso facto does not absolve him of his moral duty to maintain his wife if he is able bodied and has educational qualifications.35 (ii) a careful and just balance must be drawn ..... for food, clothing, shelter, education, medical attendance ..... v sitabai7 this court held that the object of maintenance proceedings is not to punish a person for his past neglect, but to prevent vagrancy and destitution of a deserted wife by providing her food, clothing and shelter by a speedy remedy. .....

Dr. Jaya Sagade, Director Vs. The State of Maharashtra

Court : Mumbai

..... the petitioner is a service provider under the protection of women from domestic violence act, 2005 (dv act) as part of women's study center of the ils law college, pune maharashtra (center) where she serves as professor of ..... are largely similar and may be considered together thus: (a) there are various service providers under the dv act being shelter homes, medical service providers, counselling centers, family counselling centers, ngos etc. ..... consequently rules are framed by this court to the end that the magistrate must necessarily pass some order or direction giving the violated woman some relief so soon as an application is filed by her under section 10 of the dv act, be it interim or even ad-interim, even without notice to the husband or other violators, if required, in granting her a modicum of maintenance amount or a relief of injunction in respect of her residence, the residence of her ..... of dv legislation as per the un framework for modern legislation inter alia provides to: (g) to establish departments, programmes, services, protocols and duties, including but not limited to shelters, counselling programmes and job training programmes to aid victims of dv ? ..... whereas the suggestion of the petitioner was that there is a provision of appointment of counselors whose primary duty is preventing the recurrence of violence against women by using feminist counselling, in practice, cases are referred to judges called mediation judges for mediation and the services of counselors .....

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. ..... the learned additional sessions judge was of the view that since the petitioner had left the matrimonial home on 4.7.2005 and the act came into force on 26.10.2006, the claim of a woman living in domestic relationship or living together prior to 26.10.2006, was not maintainable. ..... economic violence such as not providing food, shelter, clothes and medicines, particularly to those women who are not economically independent has for the first time been statutorily recognized as an act of violence.'5. ..... 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. ..... if the court 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 who despite .....

Saraswathy Vs. Babu

Court : Chennai

..... petitioner moved 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). ..... the court 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 who ..... would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected. 18. ..... it is not uncommon in our society, for a woman in marriage to be sent to her parental home even before consummation of marriage, on account of certain traditional beliefs, say for example, the intervention of the month ..... no means to maintain herself and she wished to reside with her husband who has to provide her food, clothing and shelter. .....

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 ..... in this connection, the preceding section 17 is legally path-breaking since it introduces the right of every women in a domestic relationship to reside in the shared household, whether or not she has any right, title or beneficial interest in the ..... section 18 postulates the passing of protective and ameliorative orders of civil courts, calculated to preserve the status quo for the benefit of women ..... counsel for the petitioner has drawn attention to the definition of 'domestic relationship' contained in section 2(f) of the act. ..... 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 ..... beyond stating that this section 18 is ultra virus the constitution of india no worthwhile reasons or arguments have been put forward by learned counsel for the petitioner in discharge of the burden of proving the unconstitutionality of the ..... for the petitioner has also assailed section 18 but we are unable to appreciate any reason for the challenge to this section. .....

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 of ..... the petitioner is facing proceedings initiated under section 12 of the protection of women from domestic violence act, 2005 (act 43 of 2005), which was registered as criminal application ..... the contention as to whether the protection of women from domestic violence act, 2005 is retrospective needs to be considered in the light of settled legal position in ..... 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. ..... namely gangubai about 19 years back, she resided with him for 3 years at rajura, district chandrapur and, then left matrimonial home and started residing with her parents. ..... also denied that he drove her out of the matrimonial home as alleged in the year 1994 or about. 6. .....

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. ..... out of relationships in matrimony, blood and adoption as illuminated by the legislative scheme, policy, purpose and object, obligates the court to adopt an interpretation permitting the pursuit of various alternative remedies simultaneously or successively with the only duty for the respective courts being to note the scope, content and nature of the other proceedings and to mould the grant of respective reliefs with reference to the reliefs granted in such other proceedings or the change ..... even regarding the truth or otherwise of the various allegations made by the opposing parties concerning the sequence of events that ultimately led to these two criminal petitions, in a restricted summary enquiry in the petitions under section 482 of the code of criminal procedure invoking the inherent powers of this court, the high court will not convert itself into a fact finding court and it will not indulge in an elaborate trial and conclusive .....

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

Court : Supreme Court of India

..... appellant, 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. ..... protection from domestic violence bill, 2002 an "aggrieved person" and "relative" was, initially, defined in the following terms :"section ..... counsel by referring to the definition of "aggrieved person" and "domestic relationship" as appearing in the dv act, 2005 has urged that the legislative intent to include women, living in marriages subsequently found to be illegal or even in relationships resembling a marriage, within the protective umbrella of the dv act is absolutely clear and the same must be given its full effect .....

Vishal Damodar Patil Vs. Vishakha Vishal Patil

Court : Mumbai

Reported in : 2009CriLJ107

..... 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 ..... 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.5. ..... 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. ..... prohibitory order is essentially for preventing the respondent from committing an act of domestic violence or from preventing commission of any act as. .....

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 ..... it is evident that the purpose of the act is to provide for more effective protection of the rights of the women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto. ..... this clearly brings to light the intention of the legislature to be liberal and considerate only towards the victims of domestic violence. ..... thereafter, in the year 2008, the first respondent left her matrimonial home.4. .....