Court : Delhi
..... petition under section 12 of the protection of women from domestic violence act, 2005 against him in order to extort money and to harass him and had frivolously sought grant of interim maintenance under section 23 of ..... the petitioner further submitted that crl.m.c.no.4347/2019 page 2 of 7 he submitted a detailed affidavit in response to the application under section 23 of the protection of women from domestic violence act, 2005 wherein he had stated that his earnings were rs.19,260/- per month, which he receives as a salary from the north delhi municipal corporation, malaria department, new delhi and had submitted therein that he pays a sum of rs.5,000/- to his parents pursuant to an undertaking ..... 5 of 7 sum of rs.2500/- per month cannot be added to his earnings of rs.19,260/- per month and that after deduction of sum of rs.5,000/- for payment to his parents in terms of the order of the learned principal judge, family court, west district, all that remains with the petitioner is a sum of rs.14,260/- per month and that thus by payment of a sum of rs.10,880/- per month, ..... before the 10th day of each english calender month directing further that the arrears from the date of filing of the petition before the learned trial crl.m.c.no.4347/2019 page 1 of 7 court be cleared within six months from the date of the impugned order dated 02.08.2019 by the deposit of the same in equal instalment into the ..... source or foundation for it may be traceable to section 36 of the indian divorce act, 1869. .....
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..... the petitioner invokes inherent powers of this court under section 482 of the code of criminal procedure(code) for setting aside of the order dated 24.12.2010 whereby a complaint under section 29 of the protection of women from domestic violence act 2005(d.v. ..... a family member leaves the shared household to establish his own household, and actually establishes his own household, he cannot claim to have a right to move an application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... son, daughter, daughter-inlaw, son-in-law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under protection of women from domestic violence act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. ..... is with this in mind, the new protection of women from domestic violence act was passed.8. ..... the object of the domestic violence act, 2005 is to provide for effective protection of the rights guaranteed under the constitution, of women, who are victims of violence of any kind occurring within the ..... aggrieved person's right is invaded or destroyed or likely to be destroyed, the domestic violence act, 2005 gives a remedy by interdict to protect it or damages for its loss, etc. ..28. ..... the domestic violence act, 2005 provides for comprehensive and speedy relief within a set time .....
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..... taruna batra, the learned single judge of this court, vide order dated march 21, 2014 held that the property at b-44, vishal enclave was not shared household under section 2(s) of the protection of women from domestic violence act, 2005; that surender kaur was the sole owner of the property and as a consequence, navneet kaur, being the daughter-in-law of surender kaur, would have no right to stay in the property owned by her mother-in-law ..... the grievance of the petitioner is to the order dated september 06, 2014 dismissing appeal filed by the petitioner under section 29 of the protection of women from domestic violence act 2005 against the orders dated july 18, 2013 and december 18, 2013 passed by the learned metropolitan magistrate ..... the division bench held that in light of the judgment of the supreme court in taruna batra s case (supra) a wife could claim a right of residence under section 2(s) of the protection of women from domestic violence act, 2005 in the premises where she stayed along with her husband as a joint family with the owners of the premises, regardless of whether she or the husband had any right, title or interest in the ..... division bench opined that in light of the policy underlying the act, a wide construction was needed to be given to the term joint family as provided in section 2(s) of the protection of women from domestic violence act, 2005 and therefore, joint family as understood under the act would have a wider import than the concept of hindu undivided .....
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..... reliance is also placed on the order of sh.rakesh kumar yadav, jmic, sonepat dated 03.05.2012 in an application filed by defendant no.2 under section 12 of the protection of women from domestic violence act, 2005. ..... it is further stated that the present suit is barred under section 26 of the protection of women from domestic violence act, 2005. ..... defendant no.2 has also filed a case under the provisions of protection of women from domestic violence act, 2005 against the plaintiff and her husband. ..... similarly, the concerned court dealing with her application under section 12 of the protection of women from domestic violence act has concluded that in view of the fact that defendant no.2 is employed in the office of additional district and sessions judge, sonepat she could not have left station without prior ..... , 2012 (193) dlt 22.it is contended by the learned counsel that under the protection of women from domestic violence act, defendant no.2 has no right to reside in the suit property in which her husband has no right, title or ..... next issue raised by defendant no.2 is her rights under the protection of women from domestic violence act (hereinafter referred to as domestic violence act ). ..... the provisions of the protection of women from domestic violence act do not cover the property owned by the mother-in-law as in the present ..... view of the above legal position, the contention of defendant no.2 regarding her rights under the protection of women from domestic violence act cannot be accepted. .....
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..... crl.rev.p.494/2015 page 1 of 8 harvinder kaur whereby the learned special judge has dismissed an appeal filed by the present petitioner under section 29 of the protection of women from domestic violence act, 2005 against the order dated 23.01.2015 passed by learned metropolitan magistrate-01, central district, tis hazari courts, delhi in cc. ..... aggrieved from the aforesaid order dated 23.01.2015 the petitioner preferred an appeal under section 29 of the protection of women from domestic violence act, 2005 before the learned sessions court and the learned special judge, cbi-03 (pc act), delhi vide order dated 07.05.2015 dismissed the appeal of the petitioner, i.e. ca no.04/15 ..... subsequently, the respondent/complainant filed an application under section 12 of the protection of women from domestic violence act, 2005 against the petitioner herein-sukhjinder singh saini (husband of the respondent/complainant), jaswinder kaur (mother-in law of respondent/complainant) and varinder kaur (sister in law of the respondent/complainant) along with an application under section 23 (2) of the dv act in the court of learned chief metropolitan magistrate, tis hazari courts, delhi in complaint case no.106 ..... is an admitted fact coming on record that the main application under section 12 of the protection of women from domestic violence act, 2005 is pending before the trial court. ..... 106/6/14 filed by the respondent- harvinder kaur under section 12 of protection of women from domestic violence act, 2005.2. .....
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..... savita bhanot; (2012) 3 scc183 has observed that the conduct of the parties even prior to the coming into force of the protection of women from domestic violence act, 2005 could be taken into consideration while passing an order under sections 18, 19 and 20 of dv act thereof. ..... the monetary relief as provided under the protection of women from domestic violence act, 2005 is different from maintenance, which can be in addition to an order of maintenance under section 125 cr.p.c. ..... subsequently, on 17.07.2012 the respondent filed a petition under section 12 read with sections 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 against the petitioner, father-in-law and mother-in-law, along with an application for interim maintenance under section 23 of dv act in the court of chief metropolitan magistrate, saket courts, new delhi.5. ..... the brief facts stated are that, a petition under section 12 of the protection of women from domestic violence act, 2005 was filed crl.m.c. ..... the object of the protection of women from domestic violence act, 2005 is 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 therewith or incidental thereto.15. .....
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..... by way of the instant petition, the petitioners invoke the inherent jurisdiction of this court under section 482 of the code of criminal procedure, 1973 to set aside the impugned orders dated 07th august, 2015 passed by the learned special judge (pc act)-03: cbi, patiala house courts, new delhi, in criminal appeal no.03 of 2015 and the interim maintenance order passed by the learned metropolitan magistrate on 11th february, 2015 under section 23 of the protection of women from domestic violence act, 2005 crl.m.c. ..... savita bhanot; (2012) 3 scc183 has observed that the conduct of the parties even prior to the coming into force of the protection of women from domestic violence act, 2005 could be taken into consideration while passing an order under sections 18, 19 and 20 of dv act thereof. ..... subsequently, on 18th january, 2014, the respondent filed an application under section 12 read with sections 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 against the petitioners herein, along with an application under section 23 (2) of the dv act in the court of chief metropolitan magistrate, patiala house courts, new delhi.4. .....
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..... crl.m.c.1860/2016 has been filed by the daughter-in-law, impugning order dated 02.04.2016 of the metropolitan magistrate the magistrate did not direct registration of an fir against the mother-in- law and further direction is sought for initiating proceedings under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act) for violating the protection order of residence.3. ..... it is contended that since there was no order restraining the mother-in-law from selling or alienating the subject property, the sale of the property by way of a registered sale deed to a third party does not amount to violation of the residence order attracting the penal consequences stipulated under section 31 of the protection of women from domestic violence act, 2005. ..... without getting into the controversy, one may examine the rights that are granted by section 19 of the protection of women from domestic violence act, 2005.38. ..... mother-in-law filed an application under section 25 of the domestic violence act, seeking modification of the protection order dated 07.11.2012. .....
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..... crl.m.c.1860/2016 has been filed by the daughter-in-law, impugning order dated 02.04.2016 of the metropolitan magistrate the magistrate did not direct registration of an fir against the mother-in- law and further direction is sought for initiating proceedings under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act) for violating the protection order of residence.3. ..... it is contended that since there was no order restraining the mother-in-law from selling or alienating the subject property, the sale of the property by way of a registered sale deed to a third party does not amount to violation of the residence order attracting the penal consequences stipulated under section 31 of the protection of women from domestic violence act, 2005. ..... without getting into the controversy, one may examine the rights that are granted by section 19 of the protection of women from domestic violence act, 2005.38. ..... mother-in-law filed an application under section 25 of the domestic violence act, seeking modification of the protection order dated 07.11.2012. .....
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..... subsequently, the petitioner, against order dated 28.04.2011, filed an appeal under section 29 of the protection of women from domestic violence act, 2005 before ld. ..... therefore, it is by virtue of protection of women against domestic violence act, which interalia seeks to provide as under :- (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 in respect of which either the ..... the petitioner was compelled and constrained to approach trial court with complaint filed under section 12 of the domestic violence act, seeking interim measures and interim relief in accordance with provisions of the said act and in the facts and circumstances of the case, the trial court vide interim order dated 10.09.2010 directed the respondent no. ..... the petitioner herein did not entered in anybodys property, but it was the house of her husband and entered with the help of protection officer under the protection of domestic violence act. ..... aggrieved person means any women who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of violence by the respondent. 22. .....
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