Court : Andhra Pradesh
..... ) nos.22371, 22956, 23270, 23432 and23568of2015common order: all these five matters listed for hearing on the office note for orders as to maintainability of quash petition under section 482 cr.p.c in an application filed under the protection of women from domestic violence act, 2005 (for short the act) that was taken cognizance to the file and numbered and the learned magistrate issued summons consequently, by impugning the same. ..... it is to say sections 126 to 128 procedure also equally apply to domestic violence act reliefs if there is no special provision or special procedure or specific rule made there under. ..... of criminal procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporarily or otherwise or the respondent resides or the domestic violence is alleged to have taken place; as per section 2(m) of the act, prescribed means prescribed by rules made under this act; as per section 2(q) of the act, respondent means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this ..... it is to say domestic violence act provisions are available but not the only forum for the aggrieved to chose, as even instead of coming to criminal court by invoking doors of the provisions of this act can invoke other provisions, procedural law with any other substantive law and also can invoke substantial civil remedy by invoking code of civil procedure. .....
Tag this Judgment!Court : Andhra Pradesh
..... claiming several reliefs including reliefs of protection order under section 18, residence order under section 19, monetary relief under section 20 and compensation under section 22 of the protection of women from domestic violence act, 2005 (in short, the act). ..... there is no allegation either in the report or in the statement or in the complaint of the 1st respondent with regard to the acts of domestic violence that took place on or after 26.10.2006. ..... it is only violation of order of the magistrate which becomes an offence under section 31 of the act and which attracts penalty for breach of protection order by any of the respondents. ..... similarly section 33 of the act provides for penalty for discharging duty by protection officer. ..... for acts of violence, certain penal provisions are incorporated. ..... aggrieved person with the petitioners were in the year 2002 and there was separation between the parties in the year 2003 and that since all the said incidents happened prior to passing of the act in the year 2005 and coming into force of the act in the year 2006, d.v.c. ..... except under sections 31 and 33 of the act which occur in chapter v, all the reliefs claimed under chapter iv of the act are not offences and enquiry of rights of the aggrieved person under sections 18 to 22 of the act cannot be termed as trial of a criminal case. .....
Tag this Judgment!Court : Andhra Pradesh
..... respondent laid case seeking for reliefs of protection under section 18 of the protection of women from domestic violence act, 2005, (the d.v. ..... punjab , the supreme court held that the provisions under section 468 cr.p.c would apply to the protection of women from domestic violence act, 2005. ..... act read with rule 15(6) of the protection of women from domestic violence rules ..... penalty for breach of protection order by respondent:- (1) a breach of protection order, or of an interim protection order, by the respondent shall be an offence under this act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both. (2) . ..... learned iii additional junior civil judge, chittoor is requested to dispose of d.v.c.no.25 of 2012 expeditiously, preferably within two months from the date of receipt of a copy of this order, after according an opportunity to both sides to advance further ..... act is breach of protection order and not a prayer for protection ..... act does not come into play till a protection order is passed and till the ..... act contemplates punishment in the event of a breach of the protection ..... act could not be punished for violation of the protection orders passed under section 18 of ..... the petitioner therefore cannot equate himself with a former husband who obtained divorce from a competent civil court on an application by both parties for grant of divorce ..... act within one year from the date .....
Tag this Judgment!Court : Andhra Pradesh
..... or the other daughters.3.having regard to date of separate living of the 1st respondent since may, 2006, it is contended by the senior counsel for the petitioners that since cause of action took place prior to the protection of women from domestic violence act, 2005 (in short, the act) coming into force, d.v.c.no.17 of 2007 does not lie and that the act is prospective in its operation and not retrospective in operation. ..... explanation ii:- for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into ..... definition of domestic violence:- for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it :- (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse ..... that view of the matter, it cannot be said that the mother/1st respondent has no cause of action to maintain domestic violence case against the petitioners after the act coming into force. ..... 3 of the act defines domestic violence as follows: ..... the evidence of p.w.1 in her cross-examination cannot have any bearing in determining existence of domestic violence in this case as per law and as per definition contained under section3 of the act. .....
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..... to 4 in d.v.c.no.1 of 2010 on the file of vii additional chief metropolitan magistrate court, hyderabad, which was filed by the respondent nos.1 to 5 herein, under the protection of women from domestic violence act, 2005 (in short, 'the act'), for certain reliefs. ..... unless the case is filed alleging offences under sections 31 and 33 of the act, the entire proceedings in a domestic violence case are purely civil in nature, but entertained by criminal courts applying procedure enunciated under the code of criminal procedure, ..... but, in the case of domestic violence cases filed for releifs under sections 18 to 23 of the act, there is no element of criminality involved, much less the domestic violence case is a criminal case as ..... notices to the respondents in a domestic violence case, in my considered opinion, is not a judicial act but is only a ministerial act performed by the magistrate. ..... for a moment for the sake of argument that issuing of notice in a domestic violence case amounts to an order passed by the magistrate and further a judicial order passed by the magistrate, even then the revision petition under section 397 is not maintainable, because any order passed by the magistrate is appellable under section 29 of the act. ..... therefore, while issuing notice in domestic violence case filed by respondent nos.1 to 5, the magistrate is not expected to apply or exercise his/her mind before issuing notices to the ..... no summonses are issued in a domestic violence case, but only notices are .....
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..... petitioners, who are respondent nos.3 and 5 in the domestic violence case no.25 of 2007 on the file of vi additional munsif magistrate, guntur for the offences punishable under sections 18, 19 and 20 of the protection of women from domestic violence act, 2005 (for brevity, "the act"), filed this petition to quash the proceedings initiated against them ..... since the resident orders can be passed against all the respondents, preventing them from interfering with the possession of the aggrieved person in the domestic violence case, mere impleadment of the petitioners in the in the domestic violence case, does not give raise to a criminal offence to quash the proceedings at the initial ..... only on violating the protection orders passed under section 18 of the act and residence orders under section 19 of the act, the magistrate can proceed under section 31 of the act and can summon the violators to show cause why penalty for breach of the protection should not be imposed on ..... view of the same, issuing of summons and non-bailable warrants for their presence, is not at all warranted, at the stage of passing of the protection orders or residence orders by the concerned magistrate. ..... issuing such non-bailable warrants on the presumption that they have committed the offence under the act, the petitioners approached this court for quashment of the proceedings. ..... further as per section 32 of the act, the offence under sub-section (1) of section 31 of the act shall be a cognisable and non-bailable .....
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..... 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. ..... 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. ..... 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. ..... the proviso only says 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. .....
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..... the complaint was filed under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act'), for granting the following reliefs under sections 19, 20 and 22 of the act:1. ..... therefore, there should be domestic relationship between the aggrieved person and the respondent apart from the question of subjecting the aggrieved person to any act of domestic violence by the respondent. ..... that for the purpose of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case if- (a) harms or injures or endangers the health, safety, life, limb or well- being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and ..... section 2(a) of the act contemplates that "aggrieved person" means any woman who is, or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act to domestic violence by the respondent. ..... what is significant is that only concerned woman, who is or has been in domestic relationship with the respondent, who is alleged to have been subjected to any act of domestic violence by the respondent can alone be termed as aggrieved person who can file the complaint for relevant reliefs under different provisions of the act. ..... by virtue of clause (g) thereunder "domestic violence" has the same meaning as assigned to it in section 3 of the act. .....
Tag this Judgment!Court : Andhra Pradesh
..... claiming several reliefs including reliefs of protection order under section 18, residence order under section 19, monetary relief under section 20 and compensation under section 22 of the protection of women from domestic violence act, 2005 (in short, the act). ..... there is no allegation either in the report or in the statement or in the complaint of the 1st respondent with regard to the acts of domestic violence that took place on or after 26.10.2006. ..... it is only violation of order of the magistrate which becomes an offence under section 31 of the act and which attracts penalty for breach of protection order by any of the respondents. ..... similarly section 33 of the act provides for penalty for discharging duty by protection officer. ..... for acts of violence, certain penal provisions are incorporated. ..... aggrieved person with the petitioners were in the year 2002 and there was separation between the parties in the year 2003 and that since all the said incidents happened prior to passing of the act in the year 2005 and coming into force of the act in the year 2006, d.v.c. ..... except under sections 31 and 33 of the act which occur in chapter v, all the reliefs claimed under chapter iv of the act are not offences and enquiry of rights of the aggrieved person under sections 18 to 22 of the act cannot be termed as trial of a criminal case. .....
Tag this Judgment!Court : Andhra Pradesh
..... section 14 of the protection of women from domestic violence act, 2005 envisages that the magistrate may, at any stage of the proceedings under this act, direct the respondents or the aggrieved person either singly or jointly to undergo counselling with any member of a service provider who posses such qualification and experience ..... under domestic violence act, protection officer is required to ..... father-in-law, mother-in-law, brother-in-law and sister-in-law insisted her to take divorce from her husband so that they would perform second marriage to her husband and get more ..... it is quite natural that husband and wife would have faced different circumstances and environment from their childhood resulting in gaining different impressions and opinions and therefore they may have difference of opinion on life ..... the courts dealing with the matrimonial matters shall follow: a) in terms of section 9 of the family courts act, the family courts shall make all efforts to settle the matrimonial disputes through mediation. ..... the investigating officer is satisfied that there is false implication of any person in the complaint then he may delete the names of such persons from the charge sheet after obtaining necessary permission from the superintendent of police or any other officer equivalent to that rank. ..... that the object behind the enactment of section 498-a ipc and the dowry prohibition act is to check and curb the menace of dowry and at the same time, to save the matrimonial homes from destruction. .....
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