Court : Rajasthan Jodhpur
..... & judicial magistrate, jodhpur district, jodhpur by which he has rejected the application of the petitioner under section 23 of the protection of women from domestic violence act for granting the maintenance allowance and other relief. ..... learned counsel for the respondent has very fairly conceded to the firs.prayer for modification of the order vide which the travelling expenses are granted only qua the petitioner and states that the respondent-husband has no objection to the payment of travelling expenses for another person who will accompany the ..... (oral).this is revision petition under section 397 of the cr.p.c.against the order dated 25.06.2011 passed by learned additional sessions judge (fast track) no.3, jodhpur whereby the learned judge has rejected the appeal of the petitioner and against the order dated 25.11.2009 passed by civil judge ..... counsel for the petitioner raised two prayers before the trial court in the proceedings under the domestic violence act, 2005. ..... it is admitted by the learned counsel for the parties that the total travelling expenses as ordered by the trial court towards rail fare/deluxe bus charges for one person is rs.1400/- both ..... & judicial magistrate, jodhpur district, jodhpur as well as for setting aside the order vide which the interim maintenance has been rejected. ..... there is nothing wrong in the order passed by the trial court rejecting the prayer on the ground that the family court, surat has already ordered rs.5,000/- as interim maintenance to the .....
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..... it is, inter alia, indicated in the application that on account of matrimonial disputes, the petitioner initiated proceedings by way of filing fir at jodhpur, application under section 23 of protection of women from domestic violence act, 2005 and proceedings under section 125 cr.p.c. ..... seema kanwar versus karan vijay singh date of order :: 26.09.2014 present hon'ble mr.justice arun bhansali mr.h.m.saraswat, for the petitioner. ..... seema kanwar) pending before the family court no.1, jaipur is ordered to be transferred to the family court no.1, jodhpur. ..... pending before courts at jodhpur, the petitioner being a woman is required to be escorted for her appearance at jaipur, which results in huge inconvenience to her and her family members and, therefore, the proceedings pending at jaipur may be ordered to be transferred to the family court, jodhpur. ..... 1 in the high court of judicature for rajasthan at jodhpur :order: s.b.civil transfer petition no.18/2014 smt. ..... a certified copy of this order be immediately transmitted to the respondent by the office. ..... the parties are directed to remain present before the family court no.1, jodhpur on 21.11.2014 (the date indicated by the learned counsel for the petitioner as the date fixed in proceedings under section 125 cr.p.c. .....
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..... would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected.18. ..... section 18 of the act empowers the magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified acts entering the place of employment, or school in case of child of aggrieved person, attempting to communicate the aggrieved person, alienating any assets or operating bank accounts and bank lockers used or enjoyed by both the parties or singly by the respondent, causing violence to the dependents or other relatives of ..... a clear distinction has been drawn in the proceedings under section 12 and sub-section (2) of section 23 and the proceedings for offences under section 31 & 33 of the act, obviously, for the reason that the remedy as provided under section 12 for the reliefs to be claimed in terms of section 18 to 23 are not the penal proceedings whereas, the proceedings initiated under section 31 & 33 are penal proceedings inasmuch as, the breach of protection order and failure on the part of protection officer in discharging the duties as directed by the magistrate .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... it is, inter alia, submitted in the petition that the petitioner has filed two criminal cases against the respondent under sections 498a and 406 ipc and a case under section 12 and 23 of the protection of women from domestic violence act, 2005 ('the domestic violence act') at jodhpur and, subsequent thereto, the present petition under section 13 of the hindu marriage act, 1955 ('the act') has been filed at family court, churu. ..... it is submitted by learned counsel for the respondent that the proceedings under the domestic violence act already stands 2 withdrawn. ..... 1 in the high court of judicature for rajasthan at jodhpur :order: s.b.civil transfer petition no.30/2013 vidha soni versus sanjay kumar soni date of order :: 27.01.2014 present hon'ble mr.justice arun bhansali dr. ..... having considered the averments made in the petition and the submissions made by learned counsel for the parties, it is deemed appropriate and, therefore, ordered that the proceedings in matrimonial case no.330/2013 (dr. ..... however, as decree under section 9 of the act has already been passed in favour of the respondent, the respondent has no objection if the proceedings are transferred to family court, jodhpur, however, a direction to deal/decide the matter expeditiously may be made. ..... ---- by the court: this petition under section 24 cpc has been filed by the petitioner wife seeking transfer of matrimonial case no.330/2013 (dr. .....
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..... it is further indicted that already proceedings under section 498-a cr.p.c.and the proceedings initiated by her under the provisions of protection of women from domestic violence act, 2005 are also pending at bundi and, therefore, the proceedings initiated by the respondent for declaration of dissolution of marriage, be transferred to the family court, bundi. ..... the petitioner wife has filed the present transfer petition under section 24 cpc seeking transfer of proceedings pending before the family court no.1, jodhpur to the family court, bundi, inter alia, with the averments that she is a resident of bundi; has a small girl child to look after; distance ..... naseem bano (rani) versus mehboob ali khan date of order :: 30.10.2014 present hon'ble mr.justice arun bhansali mr.m.s.sheikh, for the petitioner. ..... naseem bano) pending before the family court no.1, jodhpur is ordered to be transferred to the family court, bundi. ..... 1 in the high court of judicature for rajasthan at jodhpur :order: s.b.civil transfer petition no.52/2014 smt. ..... the parties are directed to remain present before the family court, bundi on 25.11.2014 (the date indicated by the learned counsel for the petitioner as the date fixed in proceedings under section 498-a cr.p.c. ..... ; the frequency of buses from bundi to jodhpur is low and, therefore, she is required to stay at jodhpur overnight. .....
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..... , the said proceedings are pending before the family court i, jodhpur and another proceedings under the protection of women from domestic violence act, 2005 are also pending before the jurisdictional criminal court at jodhpur. ..... 2 the present petition under section 6 readwith sections 7 and 13 of the hindu minority & guardianship act, 1956 and section 25 of the guardian & wards act, 1890 has been filed at udaipur by the respondent and the petitioner being a lady is required to travel to attend the hearing at udaipur alongwith the children which involves time as well as expenditure, which is difficult for her to ..... transfer petition no.8/2014 pinky sarpota versus shobhit pandor date of order :: 5.3.2014 present hon'ble mr.justice arun bhansali mr.dilip singh baghela, for the petitioner/s. ..... this petition under section 24 cpc has been filed by the petitioner-wife seeking transfer of civil original case no.350/2012 filed by the respondent before the family court, udaipur to family court i, jodhpur. ..... the proceedings before the family court, udaipur were also stayed by this court vide order dated 22.1.2014. ..... 1 in the high court of judicature for rajasthan at jodhpur : order : s.b.civil misc. ..... it is inter-alia indicated in the application that the petitioner has filed an application for grant of maintenance for her children under section 125 cr.p.c. .....
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..... , with the averments that marriage between the parties was solemnized on 09.12.2012 and subsequent thereto proceedings under section 498(a).406, 120-b, 354, 323, 109, 312 ipc were initiated by the petitioner, application under section 125 cr.p.c.was filed by her before the family court, churu and another proceeding under provisions of the protection of women from domestic violence act, 2005 was initiated which are pending at sujangarh, however, subsequent thereto the respondent-husband has initiated proceedings ..... 1 in the high court of judicature for rajasthan at jodhpur :order: s.b.civil transfer petition no.39/2014 basanti @ jaya versus jai kant date of order :: 01.07.2014 present hon'ble mr.justice arun bhansali mr.s.k.verma, for the petitioner. ..... basanti) pending before the family court, bikaner is ordered to be transferred to the family court, churu. ..... petitioner reiterated submissions made in the petition and further submitted that as other proceedings are already pending at sujangarh/churu, which the respondent is required to attend, it would be appropriate that the present proceedings are transferred from bikaner to the family court, churu. .....
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..... facts in short are that the respondent had filed an application before the trial court on 21.8.2009 under section 12 read with sections 18.19,20 and 22 of protection of women against domestic violence act, 2005. ..... accordingly, the application under the protection of women against domestic violence act, 2005 was dismissed by the trial ..... (oral).this is the criminal revision petition under section 397 read with 401 cr.p.c.against the order dated 3.12.2010 passed by learned additional sessions judge (fast track) no.1, pali hq jaitaran, district pali in criminal appeal no.11/2010 whereby he has set aside the order dated 29.4.2010 passed by learned judicial magistrate, barr and has remanded the matter back to the trial court for consideration ..... he moved an application before the court praying that no cognizance can be taken under the said act as the act was enacted in the year 2005 and made 2 effective in the year 2006 whereas the present application was moved on 21.8.2009. ..... the orders dated 3.12.2010 and 29.4.2010 are set aside with liberty that in case the petitioner moves an appropriate application raising objections on merits within a period of three weeks from today, the trial court shall decide the same afresh after hearing both the parties in accordance with ..... this court vide order dated 9.2.2011 admitted the revision petition and stayed the proceedings pending before the trial ..... padam kanwar date of order :: 09.01.2014 hon ble ms.justice nirmaljit kaur mr.vineet jain, counsel for the .....
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..... application u/sec.12 of the protection of women from domestic violence act, 2005 before the court of judicial magistrate no.2, kota (south) wherein after the parties being heard finally, order has been reserved on 09.04.2015 ..... and no efforts ever made by him even during pendency of application for restitution of conjugal rights and in the present facts and circumstances, the appellant-wife had proved, from the evidence which has come on record, before the family court both the factum of separation as well as animus deserendi which are essential elements of desertion and we ..... judgment dated 12.10.2012 and arrived to a conclusion that the appellant-wife has failed to prove that it is a case of mental cruelty on the part of respondent-husband and observed that from the evidence of aw-1 monika @ mona, she failed to establish matrimonial cruelty being committed on her by the husband-respondent and still recorded that there is no possibility of resuming their ..... was impossible because of the matrimonial cruelty inflicted on her by the husband and that being established and taken note of by the family court under order impugned, still the family court denied decree of divorce to her and such finding is not legally sustainable in law as she has made out a case for decree of divorce ..... violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act .....
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..... application no.8610/2013 sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. ..... bail application no.8610/2013 can be granted to her under the public law, is not available for two reasons: firstly; on the ground of domestic jurisprudence based on constitutional provisions; and secondly; on the ground of human rights jurisprudence based on the universal declaration of human rights, 19481 which has the international recognition as the 'moral code of conduct' having been ..... medical justice for the bhagalpur blinded victims, rehabilitative justice to the communal violence victims and compensatory justice to the union carbide victims are examples of this liberal package of reliefs and remedies forged by the ..... the relevant portion from the statement of objects and reasons to the criminal law (amendment) bill, 2012 can be reproduced as under : the criminal law (amendment) bill, 2012 was introduced in the lok sabha on 4th december, 2012 in order to provide for stringent punishment for crimes against women, as also to provide for more victim friendly procedures in the trials of such ..... state of rajasthan decided on 01st june, 2005 - rlw20052) raj 1385, took suo moto notice and had given directions to evolve a scheme for providing compensation to the victims ..... - 120 (2005) dlt213 a single judge of the high court has held as under in paragraph .....
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