Court : Mumbai Aurangabad
..... the applicant has also filed proceedings under section 12 of the women's domestic violence protection act, 2005 against the respondent-husband and his relatives in the court of the judicial magistrate, first class, beed and same is pending. 4. ..... it is the case of the applicant that, on non fulfillment of the demand of the respondent-husband, the applicant was driven out from matrimonial house and therefore, she went to reside with her parents. ..... 56 of 2012 to the court of the civil judge, senior division, beed, within one week from receipt of copy of this order. ..... it is submitted that, at no point of time, the respondent-husband has ill-treated or demanded any amount from the father of the applicant for purchasing flat or furniture. ..... after delivery of a child, the respondent-husband demanded rs.2,00,000/- from father of the applicant and in case, such demand is not fulfilled, the respondent-husband threatened the applicant that, the applicant has to go back to her parent's house. ..... the applicant or her relatives will produce the copy of this order to the concerned court at ahmednagar. 10. ..... these are two main grounds, apart from other grounds raised by the applicant, which would tilt the balance of convenience in favour of the applicant. 8 ..... she was not driven out from the matrimonial house. ..... this application is filed for transfer of the proceedings from ahmednagar to beed. 5. ..... the summons from the court of 5th joint civil judge, senior division, ahmednagar is received by the applicant at beed .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the applicant has also filed proceedings under section 12 of the women's domestic violence protection act, 2005 against the respondent-husband and his relatives in the court of the judicial magistrate, first class, beed and same is pending. 4. ..... it is the case of the applicant that, on non fulfillment of the demand of the respondent-husband, the applicant was driven out from matrimonial house and therefore, she went to reside with her parents. ..... 56 of 2012 to the court of the civil judge, senior division, beed, within one week from receipt of copy of this order. ..... it is submitted that, at no point of time, the respondent-husband has ill-treated or demanded any amount from the father of the applicant for purchasing flat or furniture. ..... after delivery of a child, the respondent-husband demanded rs.2,00,000/- from father of the applicant and in case, such demand is not fulfilled, the respondent-husband threatened the applicant that, the applicant has to go back to her parent's house. ..... the applicant or her relatives will produce the copy of this order to the concerned court at ahmednagar. 10. ..... these are two main grounds, apart from other grounds raised by the applicant, which would tilt the balance of convenience in favour of the applicant. 8 ..... she was not driven out from the matrimonial house. ..... this application is filed for transfer of the proceedings from ahmednagar to beed. 5. ..... the summons from the court of 5th joint civil judge, senior division, ahmednagar is received by the applicant at beed .....
Tag this Judgment!Court : Andhra Pradesh
..... perhaps the proceedings under domestic violence act are quasi-criminal proceedings ..... it, the 2nd respondent is silent as to the dates when the alleged violations under the domestic violence act have occurred. ..... this angle, the 2nd respondent is not entitled to proceed against the petitioner under the provisions of the domestic violence act. ..... do not agree with this contention of the learned counsel for the petitioner for the reason that the protection envisaged by the article 20(2) of the indian constitution as well as by section 300 cr.p.c. ..... was indeed successful in obtaining an order from the court granting maintenance in her ..... allegations against the petitioner herein in c.c.no.226 of 2003 under section 498-a and other matrimonial offences. ..... , which is a protection against the double jeopardy would apply if both the proceedings are criminal in nature, whereas the proceedings in d.v.a.no.18 of 2007 cannot be considered to be ..... it would appear that the order has become final.3.while so, the 2nd respondent laid c.c.no.226 of 2003 on the file of the xiii additional chief metropolitan magistrate (mahila court ..... judge, family court, hyderabad granted divorce in favour of the petitioner through orders in o.p.no.366 of 2004 on 5.5.2006. ..... is prior litigation between the parties, the 2nd respondent laid m.c.no.175 of 2003 seeking for maintenance from the 1st petitioner herein. ..... be noticed that d.v.a.no.18 of 2007 itself was filed after the 1st petitioner obtained divorce from the 2nd respondent. .....
Tag this Judgment!Court : Andhra Pradesh
..... , perhaps the proceedings under domestic violence act are quasi-criminal proceedings. ..... added to it,the 2nd respondent is silent as to the dates when the alleged violations underthe domestic violence act have occurred. ..... viewed in this angle, the 2ndrespondent is not entitled to proceed against the petitioner under theprovisions of the domestic violence act.7. ..... shewas indeed successful in obtaining an order from the court granting maintenancein her favour. ..... , which is a protection against the double jeopardy would apply ifboth the proceedings are criminal in nature, whereas the proceedings ind.v.a.no.18 of 2007 cannot be considered to be criminal proceedings. ..... however, they are not criminalproceedings as such to fall within the mischief of article 20(2) of the indianconstitution or under section 300 cr.p.c.6. ..... likeproceedings under section 125 cr.p.c. ..... the learned judge, family court, hyderabad granted divorce in favour ofthe petitioner through orders in o.p.no.366 of 2004 on 5.5.2006.5. ..... it would appear that the order has become final.3. ..... as there is prior litigation between the parties, the 2nd respondent laidm.c.no.175 of 2003 seeking for maintenance from the 1st petitioner herein. ..... it may be noticed that d.v.a.no.18 of 2007 itself was filed after the 1stpetitioner obtained divorce from the 2nd respondent. .....
Tag this Judgment!Court : Delhi
..... false complaint u/s 12 of domestic violence act, 2005 which is pending. ..... the instant case was registered on the statement of poonam sharma wherein she stated that she had filed a case u/s 12 of domestic violence act which is pending in the court of learned m.m wherein she has claimed her entitlement to live in house no.5a/16, tilak nagar, ..... was withdrawn by the complainant; thereafter civil suit was also withdrawn after petitioners filed the written statement, as such, keeping in view the totality of the facts and circumstances of the case, it is ordered that in the event of their arrest:(i) petitioners be admitted to bail on their executing personal bond in the sum of rs.10,000/- each (rupees ten thousand only) with one surety each in the like amount to the ..... 3 lakhs to the complainant which has been complied with; as per the mlc , injured was discharged from the hospital on the same day and injuries have been opined to be simple coupled with the fact that as per the averments made in the petition, initial complaint made to caw cell ..... an application for grant of anticipatory bail was filed and protection was granted directing the sho to serve 15 days notice prior to the ..... the learned m.m passed an interim order in her favour and the same ..... vide this common order, i shall dispose ..... on 28.05.2013, when she returned from her job, her mother-in-law, husband and brother-in-law started using filthy language against her; they all gave her beatings with danda; her husband and mother .....
Tag this Judgment!Court : Delhi
..... false complaint u/s 12 of domestic violence act, 2005 which is pending. ..... the instant case was registered on the statement of poonam sharma wherein she stated that she had filed a case u/s 12 of domestic violence act which is pending in the court of learned m.m wherein she has claimed her entitlement to live in house no.5a/16, tilak nagar, ..... was withdrawn by the complainant; thereafter civil suit was also withdrawn after petitioners filed the written statement, as such, keeping in view the totality of the facts and circumstances of the case, it is ordered that in the event of their arrest:(i) petitioners be admitted to bail on their executing personal bond in the sum of rs.10,000/- each (rupees ten thousand only) with one surety each in the like amount to the ..... 3 lakhs to the complainant which has been complied with; as per the mlc , injured was discharged from the hospital on the same day and injuries have been opined to be simple coupled with the fact that as per the averments made in the petition, initial complaint made to caw cell ..... an application for grant of anticipatory bail was filed and protection was granted directing the sho to serve 15 days notice prior to the ..... the learned m.m passed an interim order in her favour and the same ..... vide this common order, i shall dispose ..... on 28.05.2013, when she returned from her job, her mother-in-law, husband and brother-in-law started using filthy language against her; they all gave her beatings with danda; her husband and mother .....
Tag this Judgment!Court : Delhi
..... false complaint u/s 12 of domestic violence act, 2005 which is pending. ..... the instant case was registered on the statement of poonam sharma wherein she stated that she had filed a case u/s 12 of domestic violence act which is pending in the court of learned m.m wherein she has claimed her entitlement to live in house no.5a/16, tilak nagar, ..... was withdrawn by the complainant; thereafter civil suit was also withdrawn after petitioners filed the written statement, as such, keeping in view the totality of the facts and circumstances of the case, it is ordered that in the event of their arrest:(i) petitioners be admitted to bail on their executing personal bond in the sum of rs.10,000/- each (rupees ten thousand only) with one surety each in the like amount to the ..... 3 lakhs to the complainant which has been complied with; as per the mlc , injured was discharged from the hospital on the same day and injuries have been opined to be simple coupled with the fact that as per the averments made in the petition, initial complaint made to caw cell ..... an application for grant of anticipatory bail was filed and protection was granted directing the sho to serve 15 days notice prior to the ..... the learned m.m passed an interim order in her favour and the same ..... vide this common order, i shall dispose ..... on 28.05.2013, when she returned from her job, her mother-in-law, husband and brother-in-law started using filthy language against her; they all gave her beatings with danda; her husband and mother .....
Tag this Judgment!Court : Karnataka
..... no.22/2014 filed under section 12 of domestic violence act and filed by wife ..... as g and wc no.71/2013 and o.s.no.223/13, both, which are pending on the file of the 4th additional family court, bangalore, are concerned, on production of certified copy of this order, the family court without waiting for appearance of the parties, shall record that the custody of the minor child ayan shall be with his mother smt. ..... while quashing the said proceedings, it is hereby made clear that on production of certified copy of this order, the sanjayanagar police who have recorded the complaint given by the father-in-law, syed rawther for the offeree punishable undei section 506 of ipc against rizwan ameer and others in ncr 73/14 is concerned the same shall be closed by the said police and thereafter closure report is required to be filed in the court by the police ..... second one is crl.r.p.335/13 pending on the file of the sessions court which is filed challenging the interim order passed by this trial court in crime no.87/2013 so far as it pertains to granting interim custody of gold ornaments which were seized from the joint bank locker belonging to the complainant smt. ..... who is the father of the minor child has given up all his rights including visitorial rights of his child permanently which was earlier ordered in the said proceedings and thereby close the said g and wc with the aforesaid observation. 9. ..... on production of the certified copy of this order, the learned sessions judge, shall close the .....
Tag this Judgment!Court : Kerala
..... the 5th th respondent has also sought for reliefs under section 12 of the domestic violence act. ..... judgment shaffique, j.the writ petition is filed seeking a direction to respondents 1 to 4 to give adequate police protection to the life of the petitioner. ..... 2402 of 2014 (a) --------------------------- appendix petitioner(s)' exhibits ------------------------ p1 : copy of the case records issued from district hospital, kottayam dtd.13.1.2014. ..... the 5th respondent has also filed a complaint under section 498a of the i.p.c. ..... p2 : copy of the outpatient ticket issued from medical college hospital, kottayam. ..... a case is pending against the petitioner for harassing the 5th respondent and a crime had been registered under section 498a. .....
Tag this Judgment!Court : Delhi
..... further submits that a petition seeking divorce has been instituted by respondent no.5 while the proceedings under domestic violence act have been instituted by the petitioner.4. ..... present writ petition has been filed by the petitioner under article 226 of the constitution of india read with section 482 of the code of criminal procedure seeking production of his six and a half years old son before this court and hand over his custody to ..... days in a week, when the child stays over night with the mother, the daughter will accompany the father from 03.00 pm to 07.00 pm to enable the daughter to interact with the father and grand-parents. ..... make it clear that should either of the parties approach the family court, the family court would decide the matter in accordance with law and unaffected by any of the observations made by this court in the order passed today or previous orders, which have been passed. ix. ..... will co-operate with the family court to enable the family court to decide the interim application within a period of three months from the date, the pleadings are wp (c) 1831/2016 page 3 of 4 complete. ..... this arrangement would continue for a period of three months from today to enable the parties to seek appropriate remedy by approaching the family court, if advised ..... petition be filed by either of the parents, the family court will decide the application for interim relief as expeditiously as possible but not later than within three months from the time the pleadings are complete. .....
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