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
..... respondent herein filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (for short the act) on the file of iv metropolitan magistrate, hyderabad against the petitioner claiming reliefs under sections 14, 16 to 20 and 22 of the act. ..... some countries, like the interpretation act, 1984 (western australia), the interpretation act, 1999 (new zealand), the domestic violence act, 1998 (south africa), the domestic violence, crime and victims act, 2004 (u.k. ..... wherein the honble apex court after considering various provisions of the domestic violence act with reference to the laws prevailing in other countries, held as ..... 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 there with or incidental thereto, enacted the dvc act, 2005. ..... that the words relationship in the nature of marriage might have been used in the domestic violence act keeping in mind the scope of section 5 of hindu marriage act as well as other personal laws. ..... from a conjoint reading of various definitions, as enumerated in section 2 of the act, it is clearly manifest that this act recognized the de-facto marriage to rescue the victims of domestic violence by providing ..... 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 or amend .....
Tag this Judgment!Court : Andhra Pradesh
..... 2nd respondent sought compensation of rs.50 lakhs from the petitioner, maintenance at rs.50,000/- per month, residential order for shelter and protection order under section 12 of the protection of women from domestic violence act, 2005 (the d.v. ..... do not agree with the contention of the learned counsel for the petitioner that a domestic violence case can be instituted and taken cognizance of on the basis of the domestic incident report only and not otherwise. ..... case of the 2nd respondent is that the petitioner has domestic relationship with her and caused domestic violence. ..... act contemplates that before passing any order on the application from an aggrieved person or a protection officer or any other person, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service ..... the learned counsel for the petitioner also submitted that the protection officer forwarded the complaint to the iv metropolitan magistrate, yerram manzil, hyderabad in a routine manner without domestic information report (dir) and without complying with the provisions of the ..... act adumbrates that the protection officer shall make a domestic incident report to the magistrate and also forward copies to the police officer in charge of a police ..... act, any lady who has domestic relationship with a man is entitled to seek certain reliefs from such a ..... act does not prohibit a magistrate from proceeding with the case unless there is a domestic incident .....
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
..... 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. .....
Tag this Judgment!Court : Andhra Pradesh
..... 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
..... filed a case under the provisions of the protection of women from domestic violence act, 2005 (for short ''pwdv act") seeking various reliefs against them under sections 18 to 22 of the act in d.v.c.no.4 of 2009 before the iii ..... from the nature of the allegations levelled against the respondents 2 to 6, the intention of the complainant seems to be that she wanted to involve all the relatives of her husband in the domestic violence ..... the petitioner alleged that the first respondent was doing business, having moveable and immoveable properties worth rs.40 lakhs, claimed several reliefs in dvc which include the protection order against the respondents prohibiting the respondents from alienating the properties without the leave of the court, directing the respondents to return the dowry amount with interest @ 24% per annum, directing the respondent no.1 to pay a sum of rs.10,000/- ..... the very same general and sweeping allegations, the petitioner get the respondents 2 to 6 involved in the domestic violence case. ..... in preeti gupta and another v state of jharkhand and anohter7, the supreme court apart from expressing serious concern about genuine cases of dowry harassment, observed thus: "exaggerated versions of small incidents should ..... 2009 air jhar r 3-815 4 (2010)10 scc 67.5 1992 scc crl.426 6 (2005) 1 scc 12.7 (2010) 7 scc 66.order: this criminal petition is filed under section 482 of the criminal procedure code to quash the criminal revision petition no.33 of 2009 on the file of the ix .....
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
..... 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
..... the complainant filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioners herein to pass protection orders, residence order, maintenance order, custody order and to pay monetary relief compensation order and any other reasonable order ..... filed the complaint under sections 12, 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 (for short the act) against the petitioner herein with a plea to restrain him from dispossessing her from shared household and also to pay compensation. 3. ..... 2(a), 2(f), 2(g), 2(q), 2(s) and 3 coupled with sections 18 to 22 of the protection of women from domestic violence act, 2005 (for short the act) are to be considered. ..... 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 ..... 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 .....
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