Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: himachal pradesh Page 1 of about 4 results (0.042 seconds)

Dev Raj Vs. State of Himachal Pradesh and anr.

Court : Himachal Pradesh

..... the grievance of the petitioner in this petition is that the learned judicial magistrate ist class, court no.1, dharamshala has no jurisdiction to entertain the complaint in terms of section 27 of the protection of women from domestic violence act, 2005, which provides: 27. ..... be, within the local limits of which- (a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the competent court to grant a protection order and other oders under this act and to try offences under this act. ..... (2) any order made under this act shall be enforceable throughout india. 2. .....

Ram Prakash and Another Vs. Sneh Lata Alias Malka and Another

Court : Himachal Pradesh

..... an application under section 12 of the protection of women from domestic violence act, 2005, (for short 'act') through protection officer against the petitioner. ..... the protection officer on the basis of application moved by respondent as well as her complaint received from state commission for women through superintendent of police, kangra at dharamshala, prepared domestic violence report and filed the ..... restrained from committing any act of domestic violence against ..... that no doubt the view the supreme court had taken would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for the court to legislate or amend the ..... no doubt the view we are taking would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for this court to legislate ..... the respondent prayed for passing of protection order, residence order, restraining the petitioner from dispossessing her out of the shared house and allowing her to enter that portion of the shared house ..... respondent has relied chanmuniya versus virendra kumar singh kushwaha and another (2011) 1 scc 141, where the supreme court has held as follows:- most significantly, the act gives a very wide interpretation to the term domestic relationship as to take it outside the confines of a marital relationship, and even includes live-in relationships in the nature of marriage within the definition of domestic relationship under section 2(f) of the act. .....

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

Court : Himachal Pradesh

Reported in : 2012CrLJ2782

..... 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 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 ..... 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.. ..... the constitution of india has been filed for setting aside, quashing summoning order dated 25.05.2011 in domestic violence act case no.7 of 2011 and complaint pending before the judicial magistrate ist class (i), hamirpur. 2 ..... 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 ..... seen from any angle, there is no force in the contention of learned counsel for the petitioners that magistrate has no jurisdiction to take cognizance of the application under section 12 of the act before receipt of domestic incident report by protection officer .....

Dhian Dass, Vs. Mrs. Nokhi Devi Kararsu Phati and Kothi Kais

Court : Himachal Pradesh

..... the facts in brief are that respondent had filed a complaint under section 12 of protection of women from domestic violence act, 2005 (for short act) against petitioner claiming her to be the wife of respondent. ..... the respondent has prayed protection from domestic violence, residence order and monetary relief under section 20 of the act for physical and mental harassment of `1,00,000/-, food and cloths etc ..... therefore, while upholding the order of the courts below regarding protection from domestic violation and provisions for shelter to respondent, the remaining part of both the orders awarding amounts under different heads are not sustainable ..... the learned counsel for the petitioner has submitted that the plea of respondent that she married with petitioner is falsified from the fact that she had applied for widow pension as widow of bhadru ram. ..... the domestic relationship and domestic violation have not been proved ..... the petitioner has turned out the respondent from matrimonial home in january, 2010. ..... a complaint was made to the gram panchayat where a compromise was affected but petitioner was turned out from matrimonial home in january, 2010. ..... petitioner has also children from his previous wife. ..... it does not emerge from the statement of rw-2 that respondent has represented that she has not married with petitioner after the death of bhadru ram ..... january, 2010 the petitioner gave beatings to respondent and turned her out from the matrimonial home. ..... amounting to 1,95,000/- from the petitioner. .....