Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!Court : Karnataka
..... said case was filed by the petitioner against her husband and in-laws under section 12 of the protection of women from domestic violence act, 2005 ( the d.v.act for short) seeking protection order, monetary reliefs, right of residence etc.3. ..... trial court by order dated 06.02.2014 partly allowed dva no.4/2010 restraining accused no.1 from inflicting domestic violence and from obstructing the complainant and her son from entering their shared house ..... first appellate court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 2015 c/w crl.r.p.nos.1296/2016 to 1299/2016 crl.r.p.nos.401/2017, 747/2017 26 crl.r.p.nos.1296 to 1299 of 2016, crl.r.p.no.401/2016 and crl.r.p.no.747/2017 are: (i) whether the impugned order of conviction and sentence passed against accused nos.1, 3 and 4 for the offence punishable under section 498a of ipc and sections 3 and 4 of the d.p act suffers any illegality, impropriety or incorrectness?. ..... the impugned order of conviction and sentence passed by the trial court and confirmed by the first appellate court for the offences punishable under sections 498a, 506 and 323 of ipc and sections 3 and 4 of the dowry prohibition act is hereby ..... as per section 41 of the indian evidence act, 1872 ( the evidence act for short) the final judgment or the order or decree of the competent court is relevant and conclusive proof of findings on any such judgment and the judgment in matrimonial case operates as judgment .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Delhi
..... counsel for the petitioner submits that respondent had crl.rev.p6512017 page 1 of 4 also initiated proceedings under section 12 of the protection of women from domestic violence act, 2005 (dv act for short) in which by order dated 03.02.2017 interim maintenance of rs. ..... learned counsel for the petitioner submits that calculated from 03.08.2015 at the rate of rs.3000/- till 30.04.2019, petitioner is liable to pay a total sum of rs.1,32,000/- out of which rs.66,000/- has already been paid in dv act proceedings and rs.50,000/- has been paid in terms of the impugned order passed in the section 125 cr.p.c proceedings and accordingly a sum of rs.16,000/- is due ..... it is clarified that a final order passed by the court either under section 125 cr.p.c or under the dv act would be a relevant crl.rev.p6512017 page 3 of 4 consideration by the other court for adjudication of the proceedings pending ..... learned counsel for the respondent further points out that by order dated 03.02.2017 in the dv act proceedings, the court has already directed that any maintenance paid by the petitioner would be accordingly ..... petitioner impugns order dated 01.12.2016 whereby, in the proceedings initiated under section 125 cr.p.c by the respondent, trial court directed the petitioner to make an ad hoc payment of rs.50,000/- without prejudice to the rights and contentions of the ..... he submits that in terms of the order passed by the mahila court in the dv act proceedings, a sum of rs.66,000/- has already been paid till .....
Tag this Judgment!Court : Delhi
..... 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. .....
Tag this Judgment!Court : Delhi
..... 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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