Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 7 duties of medical facilities Page 1 of about 144 results (0.186 seconds)

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. ..... under section 20, the magistrate while disposing of an application under section 12 of the act can direct the respondent to pay monetary relief to the aggrieved person in respect of loss of earnings, medical expenses, loss caused due to destruction, damage or removal of any property from her control and maintenance of the aggrieved person as well as her children. ..... 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

..... the revision 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). ..... 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 ..... such an interpretation 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. ..... the primary question that arises for consideration is whether acts committed prior to the coming into force of the protection of women from domestic violence act,2005 and which fall within the definition of the term 'domestic violence' as informed in the act could form the basis of an action. .....

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 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 ..... 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 ..... 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 ..... the protection of women from domestic violence act, 2005 came into force ..... respondent submitted that there is no question of limitation as submitted by the learned advocate for the petitioner as there is continuous cause of action for a wife to claim maintenance and avail of residence and protection orders under the domestic violence act. ..... 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. .....

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

..... 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) ..... if 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. ..... 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. ..... section 20 confers power on the learned magistrate to grant monetary reliefs such as loss of earning, medical expenses, maintenance etc .....

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 ..... 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. ..... 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. ..... 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 ..... 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 ..... therefore, in my considered opinion, if purposive interpretation is made to section 27 of the act, then it would emerge that the victim can approach the magistrate within whose local jurisdiction, she either permanently or temporarily, resides at the time she seeks protection order, notwithstanding the fact that either whole or part of the cause of action has not arisen within the local .....

Nayanakumar Vs. the State of Karnataka and anr.

Court : Karnataka

Reported in : ILR2009KAR4295

..... successful despite a long deliberation, in bringing the parties to arrive at a compromise, the district legal services authority thought it fit to refer the matter back to the jurisdictional magistrate for doing the needful in accordance with the protection of women from domestic violence act, 2005 (for short act 2005). ..... further reference was also made to the definition of the domestic incident report as found in section 2(e) of the act, 2005 and also rule 5 of the rules framed under the act to submit that the domestic incident report shall have to be in form no. 1. ..... (2) the relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the 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:xxxxx(3) xxxxx(4) xxxxx(5)xxxxx11. ..... it is only when the recourse is taken by the aggrieved person is to go before the service provider or the protection officer that the requirement of section 10 & 9 of the act comes into picture in so far as the functioning of the service provider or the protection officer is concerned and it is only when the said authority decides to submit their report, report viz. .....

Rajkumar Rampal Pandey Vs. Sarita Rajkumar Pandey

Court : Mumbai

Reported in : 2008(6)BomCR831

..... respondent-wife moved an application before the family court, bandra under section 26 of the protection of women from domestic violence act, 2005 ('the domestic violence act' for short) to seek declaration that she has a right ..... rival submissions it is necessary to note that the domestic violence act was enacted on 13th september, 2005 to provide more effective protection of the rights of women, guaranteed under the constitution, who are victims of violence within the family and to deal with the matters connected ..... act is to provide remedy in the civil law for protection of women from being victimised by domestic violence and to prevent the occurrence of domestic violence ..... appearing for the petitioner urged that the application under section 26 of the domestic violence act was not maintainable and that the subject-flat cannot ..... under section 19 of the domestic violence act can also be claimed under section 26 of the act. ..... of the domestic violence act, now, let me turn to the provisions of the act relevant for the decision of this petition.section 2(s) ' ..... , after hearing both parties, was pleased to partly allow the application with the result the petitioner-husband and all relatives were permanently restrained from committing any act of domestic violence and in turn rejected prayer of respondent-wife to prevent the petitioner's mother and sister from entering in the shared household.being aggrieved by the aforesaid order, to the extent it is adverse to the petitioner, he has invoked .....