Court : Punjab and Haryana
..... she is a journalist and has been appointed as protection officer under section 8 of the protection of women from domestic violence act, 2005. ..... (oral) by filing the present petition under section 407 read with 482 of the code of criminal procedure, the petitioner has sought transfer of the case in fir no.222 dated 12.6.2003, police station model town, panipat under sections 420, 465, 466, 467, 468, 469, 471, 473, 474, 500 of the indian penal code; and the complaint no.693 dated 27.8.2003, titled as rajni gupta versus chander shekhar dharni and another . ..... even the statement of the accused under section 313 of the cr.p.c.have been recorded and not the matter is fixed for arguments. .....
Tag this Judgment!Court : Delhi
..... taruna batra, the learned single judge of this court, vide order dated march 21, 2014 held that the property at b-44, vishal enclave was not shared household under section 2(s) of the protection of women from domestic violence act, 2005; that surender kaur was the sole owner of the property and as a consequence, navneet kaur, being the daughter-in-law of surender kaur, would have no right to stay in the property owned by her mother-in-law. 11. ..... the division bench held that in light of the judgment of the supreme court in taruna batra s case (supra) a wife could claim a right of residence under section 2(s) of the protection of women from domestic violence act, 2005 in the premises where she stayed along with her husband as a joint family with the owners of the premises, regardless of whether she or the husband had any right, title or interest in the shared household . ..... since one room has been locked by the first respondent i direct that within one week of the appellant serving respondent no.1 s father who has been appointed by respondent no.1 as her constituent attorney a notice sent at his address under regd.a.d.post, upon the belongings from the room not being removed the appellant would be rendered assistance by the sho of the concerned police station to break open the lock and in the presence of the sho ..... a protection officer was appointed to facilitate the re-entry. .....
Tag this Judgment!Court : Mumbai
..... firstly, that under section 12 of the protection of women from domestic violence act, 2005 (for short, the d.v. ..... having carefully considered the submissions made on behalf of the respective parties, we are unable to sustain the decisions, both of the learned sessions judge as also the high court, in relation to the interpretation of the expression "respondent" in section 2(q) of the domestic violence act, 2005. ..... the learned advocate for the petitioners has further submitted that the magistrate cannot pass an order on any application under section 12 unless the report of the domestic incident has been received from the protection officer or the service provider. 25. ..... act ), a complaint may be considered by the magistrate and an order can be passed on such application only after the magistrate takes into consideration any report regarding a domestic incident received by him from the protection officer or the service provider. ..... (v) it provides for appointment of protection officers and registration of non-governmental organisations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe shelter, etc. 5. ..... act defines a protection officer to mean an officer appointed by the state government under sub-section (1) of section 8. .....
Tag this Judgment!Court : Supreme Court of India
..... further, she was a government servant at the time of incident and in number of cases she was appointed as protection officer under the protection of women from domestic violence act, 2005 ..... by the respondent-state and has upheld the acquittal order passed by the trial court in favour of the appellant herein for the offence punishable under section 376 of indian penal code (for short ipc ). however, it has convicted the appellant for offences punishable under sections 417 and 506 part i of ipc but instead of imposing sentence on the appellant for the aforesaid offences, vide order dated 17.03.2015 the high ..... . in the instant case, the appellant cannot be convicted for the offence of cheating punishable under section 417 of ipc as the prosecution has failed to prove all ingredients of the said offence beyond reasonable doubt ..... the high court instead of imposing sentence on the appellant for the aforesaid offences released him under section 4 of the probation of offenders act, 1958 on his entering into a personal bond in the sum of rs ..... on the basis of said written complaint fir no.6 of 2010 was registered by the asi under sections 376, 417 and 506 of ipc and investigation was conducted by the investigation officer ..... are possible on the basis of evidence on record, the appellate court shall not exercise its appellate jurisdiction to set aside the order of acquittal unless the findings of the trial court on the charge of offences under sections 417 and 506 part i of ipc are found erroneous .....
Tag this Judgment!Court : Orissa
..... unnecessary details, the facts and circumstances giving rise to the present writ petition are as follows: opposite party-rashmibala pradhan had filed an application bearing cmc no.116 of 2007 under section 12 of the protection of women from domestic violence act, 2005 (for short, act, 2005 . ..... the magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. ..... , proposed to enact a law keeping in view of 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.4. ..... (v) it provides for appointment of protection officers and registration of non-governmental organizations as service providers for providing assistance to the aggrieved person with respect to her medical examination, obtaining legal aid, safe, shelter ..... person, a protection officer or any other person on behalf of the aggrieved person can also present an application to the magistrate seeking one or more reliefs under the act. .....
Tag this Judgment!Court : Kolkata
..... filed by avijit biswas praying for quashing of a proceeding under section 12 of the protection of women from domestic violence act, 2005 initiated by his wife on the ground of cruelty. ..... court dealing with an application under section 12 of the protection of women from domestic violence act, 2005, has nothing to do with such ..... i find sufficient materials in the petition of complaint for which an enquiry should be made by protection officer appointed for the purpose of this act in the district of nadia and submit report to the learned magistrate in order to enable him to pass an adequate order on the petition filed ..... it can well be said that the petition under section 12 of the act filed by the aggrieved wife contains violence within the meaning of the act and that empowers a court to take cognizance of the same and proceed in accordance ..... on behalf of the petitioner, any dispute as to the consent in a proceeding under section 13b of the hindu marriage act is to be considered by the court wherein the said application has been filed. ..... in the petition of complaint under section 12 of the act, specifically in paragraph 6, it has been averred that the signatures of the opposite party/wife were obtained forcibly and in paragraph 7, it has been averred that the said papers containing her signatures have been used in a proceeding under section 13b of the hindu marriage act for the purpose of getting a decree of divorce on mutual consent although the opposite party/aggrieved wife had .....
Tag this Judgment!Court : Karnataka
..... now coming to the pivotal question whether this court can exercise jurisdiction under section 482 of code of criminal procedure, to set at naught the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005, it is apposite to refer the judgment of hon'ble apex court in the case of state of haryana referred supra, where it was held that the court exercising jurisdiction is not shorn of the ..... or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided 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 ..... 2005 act, she can submit an application to the protection officer for one or more of the reliefs under the 2005 act ..... was held that section 59-g of forest act confers specific power in officer appointed under section 59(c) and district judge to whom the appeal can be preferred under section 59-c and 59-d ..... the dv rules is made only to a protection officer as contemplated under rule 4(1) of the ..... the dv rules is defined as an allegation made orally or in writing by any person to a protection officer. ..... it is a settled legal proposition that where a person gets an order/office by making misrepresentation or playing fraud upon the competent authority, such order cannot be sustained in the eye of .....
Tag this Judgment!Court : Chhattisgarh
..... ), by which, their appeal filed under section 29 of the protection of women from domestic violence act, 2005 (hereinafter called as act of 2005) has been dismissed. 2. ..... the protection of women from domestic violence act, 2005 has been enacted to provide for more effective protection of the rights of 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. ..... the reliefs which can be granted on an application under section 12 of the aforesaid act can be broadly classified as under: (i) protection orders under section 18 which are for preventing the respondent from committing an act of domestic violence; (ii) residence orders under section 19; (iii) monetary relief under section 20 which includes maintenance, loss of earnings, medical expenses and loss caused due to destruction, damage or removal of any property from the control of the aggrieved person; (iv) custody orders under section 21 dealing with temporary custody of any child or children to the ..... chapter iii of the act of 2005 containing sections 4 to 11 deals with the procedure for appointment of protection officers, service providers etc. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the applicant has also filed proceedings under section 12 of the women's domestic violence protection act, 2005 against the respondent-husband and his relatives in the court of the judicial magistrate, first class, beed and same is pending. ..... learned counsel for the applicant submits that, recently, she is appointed as peon in the office of the taluka inspector of land records, paranda district osmanabad. ..... is the case of the applicant that, on non fulfillment of the demand of the respondent-husband, the applicant was driven out from matrimonial house and therefore, she went to reside with her parents. ..... submitted that, at no point of time, the respondent-husband has ill-treated or demanded any amount from the father of the applicant for purchasing flat or furniture. ..... after delivery of a child, the respondent-husband demanded rs.2,00,000/- from father of the applicant and in case, such demand is not fulfilled, the respondent-husband threatened the applicant that, the applicant has to go back to her parent's ..... these are two main grounds, apart from other grounds raised by the applicant, which would tilt the balance of convenience in favour of the applicant ..... 2012 to the court of the civil judge, senior division, beed, within one week from receipt of copy of this order. ..... not driven out from the matrimonial house. ..... is filed for transfer of the proceedings from ahmednagar to beed. 5. ..... the summons from the court of 5th joint civil judge, senior division, ahmednagar is received by the applicant .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the applicant has also filed proceedings under section 12 of the women's domestic violence protection act, 2005 against the respondent-husband and his relatives in the court of the judicial magistrate, first class, beed and same is pending. ..... learned counsel for the applicant submits that, recently, she is appointed as peon in the office of the taluka inspector of land records, paranda district osmanabad. ..... is the case of the applicant that, on non fulfillment of the demand of the respondent-husband, the applicant was driven out from matrimonial house and therefore, she went to reside with her parents. ..... submitted that, at no point of time, the respondent-husband has ill-treated or demanded any amount from the father of the applicant for purchasing flat or furniture. ..... after delivery of a child, the respondent-husband demanded rs.2,00,000/- from father of the applicant and in case, such demand is not fulfilled, the respondent-husband threatened the applicant that, the applicant has to go back to her parent's ..... these are two main grounds, apart from other grounds raised by the applicant, which would tilt the balance of convenience in favour of the applicant ..... 2012 to the court of the civil judge, senior division, beed, within one week from receipt of copy of this order. ..... not driven out from the matrimonial house. ..... is filed for transfer of the proceedings from ahmednagar to beed. 5. ..... the summons from the court of 5th joint civil judge, senior division, ahmednagar is received by the applicant .....
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