Court : Punjab and Haryana
..... the respondent denied the allegations of the appellant and stated that the petition was a counter blast to a complaint filed by her under sections 18 to 22 of the protection of women from domestic violence act, 2005.5. ..... the present appeal has been filed by appellant-husband against the judgment and decree dated 11.9.2013, whereby the petition filed under section 13 of the hindu marriage act (hereinafter called the act) by the appellant was dismissed.3. ..... he had singh ishwar 2014.02.11 04:33 i attest to the accuracy of this order high court chandigarh fao no.m-393 of 2013 (o&m) {2} earlier filed a petition under section 9 of the act, which was dismissed in default. ..... by the respondent and she had also treated him with cruelty but the trial court wrongly held that it was the appellant who had been misbehaving with the respondent and was not providing maintenance to his children. ..... on the last date of hearing, learned counsel for the appellant had taken time for filing the copy of order, whereby the petition of the respondent under section 125 code of criminal procedure (`cr.p.c. ..... even otherwise, marriage took place in 1984 and it has also come on record that the appellant retired from service on 31.5.1993. ..... the respondent had claimed maintenance by filing a petition under section 125 cr.p.c. ..... today, learned counsel for the appellant submits that he does not wish to place on record copy of the order of dismissal of petition filed by the respondent-wife under section 125 cr.p.c. .....
Tag this Judgment!Court : Punjab and Haryana
..... a sum of rs.7000/- per month for the accommodation which he arranged for the residence of petitioners in terms of orders passed under protection of women from domestic violence act, 2005.11. ..... the epitome of the facts and material, culminating in the commencement, relevant for deciding the instant revision petitions and emanating from the record, is that, the marriage between petitioner-husband arvind kumar sharma 2014.03.22 09:26 i attest to the accuracy and integrity of this document chandigarh civil revision nos.270 & 1666 of 2012 ..... facts and circumstances, petitioner no.1 is allowed maintenance pendente lite of rs.8000/- per month payable from the date of petition under section 24 of hindu marriage act. ..... tax, provident fund, etc ..... for maintenance pendente lite and litigation expenses under section 24 of the act.3. ..... husband is working as senior manager with the indian oil corporation and getting the package of ` 9/10 lacs per year, besides minimum salary of ` 1.25 lac per month plus having income from other sources and getting more than ` 50,000/- per month as ta, bonus, medical and other service benefits etc. ..... strained and petitioner- husband has instituted the divorce petition against the respondent-wife for the dissolution of their marriage by way of decree of divorce under section 13 of the hindu marriage act, 1955 (hereinafter to be referred as the act .). ..... not entitled to any maintenance over and above rs.8000/- each per month already awarded to them under section 125 cr.pc. .....
Tag this Judgment!Court : Punjab and Haryana
..... and petition under section 12 of the protection of women from domestic violence act, 2005, filed by the applicant are pending adjudication ..... the entire record pertaining to the petition under section 9 of the act shall be sent by the trial court at ambala to the learned district judge, ludhiana, within three weeks, who will either himself dispose it of or entrust it to any other court of ..... the applicant-wife has preferred the instant application under section 24 of the code of civil procedure, praying for transfer of the petition under section 9 of the hindu marriage act, 1955 (for short `the act'), titled as 'ravinder sharma v. ..... respondent is already appearing in the two petitions filed by the applicant at ludhiana, i feel that no prejudice is going to be caused to the respondent in case the present application is allowed and the petition under section 9 of the act filed by the respondent is also shifted to ludhiana. ..... of the above, the instant transfer application is allowed and the petition under section 9 of the act titled as 'ravinder sharma v. ..... manju sharma' under section 9 of the act, pending in the court of learned additional district judge, ambala, deserves to be transferred ..... manju sharma', filed by the respondent, from the court of learned additional district judge, ambala, to the court of competent jurisdiction ..... under section 125 ..... manju sharma' is withdrawn from the court of learned additional district judge, ambala, and is transferred to the court of competent .....
Tag this Judgment!Court : Punjab and Haryana
..... magistrate first class, faridabad, had allowed the application under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') filed by respondent no.1, holding that respondent no.1 had been a victim of domestic violence. ..... a copy of which has been placed on record as annexure p1 indicating that she had purchased this property from bhagwati sharma vide sale deed dated 27.9.2006 and that respondent no.1 cannot claim any right in the house of the petitioner as it does not fall under the definition of "shared household" under section 2 (s) of the act and that section 17 of the act would not permit respondent no.1 to have a legal right to stay in the shared household. ..... the shared household has been defined under section 2 (s) of the act which reads as follows: - "(s) "shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them ..... stayed in the house of the petitioner as such, the house which is owned by the petitioner would fall within the definition of "shared household" given in section 2 (s) of the act because "shared household" would mean the household where the aggrieved person (wife) lives or at any stage has lived in the domestic relationship either singly or along with the respondent. .....
Tag this Judgment!Court : Punjab and Haryana
..... of para nos.10, 11 and 19 of the judgment are as under:- 10....................the question whether the extra ordinary inherent powers under section 482 of code of criminal procedure is to be exercised by the court to quash a proceeding initiated under the protection of women from domestic violence act, 2005 is to be considered in the background of the settled legal position. ..... clear that the act was enacted to provide "a remedy under civil law" to protect the woman from being victims of domestic violence and to prevent occurrence of domestic violence in the society. ..... the act was enacted to provide for more effective protection of rights of woman guaranteed under the constitution, who are victims of violence of any kind occurring within the family ..... the statement of objects and reasons of the act reads:- it is therefore proposed to enact a law keeping in view 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. ..... , the affected party could raise the question and seek an order from the magistrate including the maintainability of the proceedings and if an order is passed against him, he is at liberty to file an appeal as provided under section 29 of the act. ..... quash the petition filed by a person claiming to be an aggrieved person against respondent for reliefs provided under the act. .....
Tag this Judgment!Court : Punjab and Haryana
..... paramjeet singh, j.petitioners, who are facing allegations of domestic violence, have approached this court under section 482 of the code of criminal procedure for quashing of complaint no.209-2 dated 11.01.2013 along with form no.1 under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') and notice dated 16.07.2013 vide which petitioners have been summoned. ..... by the impugned judgment and order, the high court has refused to quash the proceedings initiated against the petitioners by the respondent no.2-wife, under section 12 of the protection of women from domestic violence act, 2005 (for brevity the act, 2005 .).3. ..... (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted)to the institution and continuance of the proceedings and/or where there is specific provision in the code or the concerned act, providing efficacious redress for the grievance of aggrieved party.7. ..... further general allegations are to the effect that complainant was not provided food, clothes, medicine etc. .....
Tag this Judgment!Court : Punjab and Haryana
..... petitioners have filed this petition under section 482 of the code of criminal procedure, 1973 for quashing of the complaint no.9 of 2009 dated 2.2.2009 (annexure p-3) under section 12, 18, 19, 20, 21 of the protection of women from domestic violence act, 2005 and all the subsequent proceedings arising therefrom. ..... complaint no.9 of 2009 dated 2.2.2009 (annexure p-3) under section 12, 18, 19, 20, 21 of the protection of women from domestic violence act, 2005 and all the consequential proceedings, arising therefrom, are quashed. ..... said proceedings also respondent failed to appear and ex parte decree of divorce was passed in favour of petitioner no.1 on 28.3.2009 (annexure p-2).the complaint in question has been filed by the respondent against the petitioners and others under section 12, 18, 19, 20, 21 of the protection of women from domestic violence act, 2005. ..... in these circumstances, continuation of proceedings against the petitioners under the protection of women from domestic violence act, 2005 would be nothing but abuse of process of law. ..... not m-22751 of 2011 (o&m) -2 - of women from domestic violence act, 2005 is made out. ..... the factum of passing of the decrees under section 9 and 13 of the act was noticed by the trial court while passing the order of maintenance. ..... petitioner filed a petition under section 9 of the hindu marriage act, 1955 ('act' for short) seeking a decree for restitution of conjugal rights. ..... none has appeared on behalf of the respondent despite service. .....
Tag this Judgment!Court : Punjab and Haryana
..... as the matter has been settled by way of compromise and i have filed my affidavit in this regard today in the court, according to my free will and consent, the petition under section 12 of the protection of women from domestic violence act, 2005 and proceedings emanating therefrom pending in the court of chief judicial magistrate, chandigarh bearing complaint no.191/2013 dated 14.3.2013 titled archana syal and another versus ravi syal and others . ..... in view of what has been discussed hereinabove, the petition is allowed and petition filed under section 12 of the protection of women from domestic violence act, 2005 pending in the court of chief judicial magistrate, chandigarh bearing complaint no.191/2013 dated 14.3.2013 titled archana syal and another versus ravi syal and others . ..... the petitioners have prayed for quashing of a petition filed under section 12 of the protection of women from domestic violence act, 2005 pending in the court of chief judicial magistrate, chandigarh bearing complaint no.191/2013 dated 14.3.2013 titled archana syal and another versus ravi syal and others . ..... in the instant case, petition under section 12 of the protection of women from domestic violence act, 2005 was filed by the respondents. ..... an extract from her statement is quoted thus:- the proceedings under section 12 of the protection of women from domestic violence act, 2005 were filed by me to claim relief for myself and minor rohan sayal. .....
Tag this Judgment!Court : Punjab and Haryana
..... ,(oral) this order shall dispose of the instant petition filed under section 438 of code of criminal procedure praying for the grant of anticipatory bail to the petitioner in fir no.113 dated 30.03.2012, under section 31 of the protection of women from domestic violence act, 2005, registered at police station civil lines, bhiwani, haryana. ..... perusal of the order sheets would reveal that this court has been inclined to grant interim protection to the petitioner in the matter, subject to the singh omkar 2014.04.11 11:39 i attest to the accuracy and integrity of this document chandigarh crm no.m-27038 of 2013 [2].petitioner clearing the entire outstanding amount of the arrears of maintenance awarded to the complainant under section 125 cr.p.c.as also under the provisions of the protection of women from domestic violence act, 2005. ..... learned state counsel, upon instructions from si shish ram, would apprise the court that the petitioner had otherwise joined the investigation. ..... he shall, however, abide by all the conditions as envisaged by section 438(2) cr.p.c. . .....
Tag this Judgment!Court : Punjab and Haryana
..... she would also contend that there is a case pending at the court at ludhiana initiated by her under the provisions of the protection of women from domestic violence act and it will be appropriate that both the cases are tried in the same town and parties could arrange for suitable dates to conduct both the cases. ..... the learned counsel for the respondent states that the case under the protection of women from domestic violence act was filed by the wife only after the husband had filed a petition for transfer application no.337 of 2012 (o&m) -2- restitution of conjugal rights. ..... it is also his contention that at the previous hearing when he went to attend the case filed by the wife under the protection of women from domestic violence act, the respondent is threatened by the petitioner. ..... the indigence outweighs every other circumstance for a person to plead and if the wife is not provided for, that itself is a good ground for a transfer of the proceedings. 3. ..... the petition for transfer is sought by the wife on the ground that she has no one to support her and she has not been provided for by her husband for maintenance. ..... she has a young child to take care and it was difficult for her to go from ludhiana to pathankot at every hearing. .....
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