Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 section 9 duties and functions of protection officers Page 1 of about 272 results (0.110 seconds)

.Nagasundaram Vs. Anitha

Court : Chennai

..... the enquiry conducted by the second respondent is warranted in terms of section 9 of the protection of women from domestic violence act, 2005. ..... , which is also pending in m.c.no.10 of 2011.5.the first respondent also gave a complaint on 6.7.2011 under the protection of women from domestic violence act, 2005 for restoring her to her marital home. ..... form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police station within the local limits of whose jurisdiction domestic violence is alleged to have been committed and to the service providers in that area;(c)to make an application in such form and in such manner as may be prescribed to the magistrate, if the aggrieved person so desires, claiming relief for issuance of a protection order;8.the second respondent is the notified protection officer in terms of section 2(n) read with section 8(1) of the act. ..... section 9(2) prescribed as follows:(2)the protection officer shall be under the control and supervision of the magistrate, and shall perform the duties imposed on him by the magistrate and the government by, or under, this act.9.after making domestic incident report (dir), the said officer can also present an application seeking for relief. ..... the power includes to assist the magistrate in the discharge of his functions and also to specifically do the powers listed out in the other sub sections. .....

Rahul Soorma and Others Vs. the State of Himachal Pradesh, Through Sec ...

Court : Himachal Pradesh

Reported in : 2012CrLJ2782

..... 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.. ..... 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 domestic incident report defined in section 2(e) means a report made in prescribed form on receipt of a complaint of domestic violence from an aggrieved person. ..... there is nothing in the act or the rules to prevent the magistrate to take cognizance of the application seeking one or more reliefs under section 12 in absence of domestic incident report from protection officer or the service provider. .....

M. Jayamma Vs. the State of Ap, Rep. by Its Public Pros

Court : Andhra Pradesh

..... no.nil of 2009 on the file of judicial magistrate of first class, dharmavaram, anantapur district, and consequently direct the magistrate to register the complaint and try the case as per the provisions of the protection of women from domestic violence act, 2005 (for short 'the act').2. ..... (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:3. ..... section 12 of the act is as follows.12.application to magistrate:-(1) an aggrieved person 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 service provider. ..... the duties of the police officers and service providers are envisaged under section 5 of the act and under section 9 of the act the protection officers have to assist the magistrate in discharge of his functions under the provisions of the act. ..... the said provision does not say that unless an aggrieved person approaches the protection officer, she cannot file an application under section 12 of the act. .....

Afzalunnisa Begum W/O. Late Mohd. Abdul Salam Vs. the State of A.P. Re ...

Court : Andhra Pradesh

Reported in : 2009CriLJ4191

..... section 2(q) includes a female person or not under the protection of women from domestic violence act, 2005 (for short 'the act ..... held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate;(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection order.19 residence orders. ..... magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from-(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other ..... the duty of the protection officer appointed under section 8 to assist the magistrate in the discharge of his functions; to make a domestic incident report to the magistrate; to make an application in such form and in such manner as prescribed to the magistrate and to ensure that the aggrieved person is provided legal aid under the legal services authorities act, .....

Sampurna Behrua Vs. Union of India

Court : Supreme Court of India

..... section 13 of the commissions for protection of child rights act, 2005 details the functions of the ncpcr and ..... violence, riots, natural disaster, domestic violence, hiv/aids, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures; (e) look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and recommend appropriate remedial measures; (f) study treaties and other international instruments and ..... person of eminence and has done outstanding work for promoting the welfare of children; and (b) six members, out of which at least two shall be women, from the following fields, to be appointed by the central government from amongst persons of eminence, ability, integrity, standing and experience in, (i) ..... officer shall carry out the directions given by the board and shall have the following duties, functions and responsibilities: (i) to conduct social investigation of the child in form 6; (ii) to attend the proceedings of the board and the children s court and to submit reports as and when required; (iii) to clarify the problems of the child and deal with their difficulties in institutional life; (iv) to participate education, vocational and rehabilitation programmes; (v) to establish co-operation and understanding between the child .....

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 statement of objects and reasons for enacting prevention of women from domestic violence act, 2005 would show that since subjecting of a woman to cruelty by her husband or his relative was only a criminal offence and civil law did not address the phenomenon of domestic violence in its entirety, the parliament proposed to enact a law keeping in view the rights guaranteed under articles 14,15 and 21 of the constitution of india so as to provide for a remedy under the civil law, in order to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence. ..... section 12 of the act entitles an aggrieved person, or a protection officer, or any other person acting on behalf of the aggrieved person to apply to the magistrate for grant of one or more reliefs under the act. .....

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). ..... 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. ..... 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 living with the respondent and having a domestic relationship with him ..... thereafter, there was a function held at the house of the petitioner's uncle which the respondent was asked not to attend. .....

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 ..... section 18 postulates the passing of protective and ameliorative orders of civil courts, calculated to preserve the status quo for the benefit of women ..... 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 ..... 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. ..... counsel for the petitioner has drawn attention to the definition of 'domestic relationship' contained in section 2(f) of the act. ..... 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 ..... counsel 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

..... 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 majority. ..... state of karnataka & anr reported in 2010 all mr (cri) journal 158 wherein it is observed that thus; "in other words if there is a domestic incident report that is received by the magistrate either from the protection officer or from the provider, then it becomes obligatory on the part of the magistrate to take note of the said domestic incident report before passing an order on the application filed by the aggrieved party. ..... section 12 which require application before the magistrate for obtaining order or reliefs under the act contains proviso to the effect 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 service provider. ..... 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. .....

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. ..... the learned judge observed that a conjoint reading of both sections 12 and 26 will make it clear that when a magistrate passes an order, he shall receive the report from the protection officer. ..... held that "the very nature of such rights, liabilities and proceedings arising 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 .....