Court : Punjab and Haryana
..... per the facts of the above said case, the application under section 12 of the protection of women from domestic violence act, 2005, is not maintainable after husband and wife obtained divorce by mutual ..... of the present case, even though the petitioner has been granted divorce on 28.01.2011 but the application under section 12 of the protection of women from domestic violence act, 2005 is filed on 9.6.2009, the application is maintainable. ..... attest to the accuracy and from domestic violence act. ..... not live together and she was turned out of her matrimonial home on 20.02.2009 and petitioner has filed a complaint under section 12 of the protection of women crl. ..... , at this stage, counsel for the petitioner restricts his prayer for maintenance from date of filing of the present application till the date when she has been ..... a direction was given to respondent to provide a separate residence consisting of two rooms or rent at the rate of ` 1500 ..... the application for maintenance, the trial court has granted an interim maintenance vide order dated 01.09.2010 (annexure p-1) at the rate of ` 2000/- per month ..... the challenge is for setting aside the order dated 22.10.2012 by which the appeal filed by amarjit singh against the order dated 01.09.2010 passed by sub divisional judicial magistrate, nabha for granting ..... appeal, this order was set ..... the order dated 22.10.2012 is modified to that extent, the integrity of this document petitioner is at liberty to take all the pleas at the final stage of argument .....
Tag this Judgment!Court : Punjab and Haryana
..... the order regarding payment of the rent to the wife was not in accordance with clause (f) of section 19 of the protection of women from domestic violence act, 2005. ..... court does not find any violation of clause (f) aggarwal anoop kumar 2014.02.11 18:13 i attest to the accuracy and integrity of this document high court chandigarh crr no.162 of 2014 4 of section 19 of the protection of women from domestic violence act, 2005, in awarding the amount under the said section. ..... learned appellate court/ additional sessions judge, jalandhar, held as under:- the appellant-respondent no.1 has not challenged the order qua the assessment of monthly income between `12000/- to `15000/- and has also not challenged the maintenance provided to the applicant at the rate of `1600/- per month ..... the learned trial judge held as under:- ----so far as the relief of residence is concerned it emanates from the evidence recorded on file that the petitioner has been unable to prove the fact that respondent is sole owner of the matrimonial ..... challenge in this criminal revision petition is to the order dated 20.11.2013 passed by learned additional sessions judge, jalandhar, whereby the appeal filed by the petitioner challenging the order dated 02.08.2010 passed by learned judicial magistrate ist class, jalandhar, whereby the respondent- wife was awarded `3000/- per month as rent of the house, ..... applicant has demanded the rent for alternative accommodation of the same level in which the applicant has been residing. .....
Tag this Judgment!Court : Punjab and Haryana
..... while challenging the order dated 29.10.2010 passed by the learned additional chief judicial magistrate, chandigarh, in a complaint filed under the protection of women from domestic violence act, 2005 (for short, ' the domestic violence act'), inter-alia, prayer is for enhancement of maintenance and also for providing residence. 4. ..... parties to lead evidence, in my opinion, it can be resolved that whatever maintenance is finally fixed by the court in the complaint filed by the petitioner-wife under the domestic violence act, which was filed in august 2010 and the entitlement of the petitioner for maintenance under section 24 of the act is from april 2010 to august 2010, the same amount shall be payable from april 2010 onwards which will take care of the entitlement of the petitioner even under ..... 5897 of 2010 arising out of an order passed by the learned additional district judge, patiala, determining maintenance in an application under section 24 of the act is concerned, the relevant period is merely from april 2010 to august 2010, for which rs.10,000/- was fixed as maintenance, which has already been paid by the respondent-husband ..... 5897 of 2010, order dated 21.8.2010 passed by the learned additional district judge, patiala in an application filed by the petitioner-wife under section 24 of the hindu marriage act, 1955 (for short, the act), in a petition for divorce filed by respondent devinder pal singh under section 13 of the act, is under challenge and the prayer is for .....
Tag this Judgment!Court : Punjab and Haryana
..... learned counsel further submits that an amount of ` 2,000/- has also been awarded to respondent no.1 in a kumar parveen 2014.08.06 13:31 i attest to the accuracy and integrity of this document crr no.1426 of 2012 -3- petition filed by her under section 12 of the protection of women from domestic violence act, 2005, vide order dated 02.02.2011 (annexure p- 2).however, there is no specific direction that the said amount will be in addition to the amount already granted under section 125 cr.p.c.admittedly, the petitioner is a resident of delhi and running a shop. ..... the maintenance, if any, granted under the domestic violence act, 2005 shall be adjustable in the amount of maintenance granted under section 125 cr.p.c.disposed of in the aforementioned terms. ..... crr no.1426 of 2012 instant revision has been filed for quashing the order dated 01.02.2012 passed by learned district judge (family court).bhiwani whereby a sum of ` 6,000/- per month and ` 3,000/- per month have been awarded to respondents, respectively from the date of filing of petition. ..... the respondents in the present petition filed petition under section 125 of the code of criminal procedure in the family court with certain averments which are not necessary to be mentioned. ..... income-tax return (annexure p-6) and expenses which a wife and minor child have to incur, this court deems it fit and appropriate that amount as awarded by the family court as maintenance to the respondents, vide impugned order, is justified one. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is averred that the petitioner wife has filed a petition under section 12 of the protection of women from domestic violence act, 2005, which is pending in the court of learned jmic, bathinda and the respondent has already caused appearance in the said proceedings. ..... after hearing learned counsel for the petitioner and taking into account the fact that the petition filed by the petitioner-wife under domestic violence act is already pending at bathinda, i find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must be looked at. ..... it is averred that in order to harass the petitioner-wife, the respondent husband filed a petition under section 9 of the act which, as noticed above, is pending in the court at mansa. ..... in view of the above, the present petition is allowed, the petition under section 9 of the act, titled gurdas monga versus simran from the court of learned civil judge (sr.division).mansa is ordered to be withdrawn and transferred to the district courts, bathinda for disposal in accordance with law from the stage of withdrawal. ..... due to dowry demand, it is alleged that the petitioner alongwith minot child was turned out of the matrimonial home and they are stated to be residing separately since august 2012 at bathinda. .....
Tag this Judgment!Court : Punjab and Haryana
..... also filed a petition under section 12 of the protection of women from domestic violence act, 2005. ..... hence, in view of the aforementioned facts, it cannot be said that any illegality or material irregularity has been committed by learned trial court in passing the impugned order, warranting interference by this court in singh omkar 2013.08.23 10:56 i attest to the accuracy and crr no.2624 of 2013 -3- integrity of this document its revisional ..... (oral) the present revision petition has been filed by the complainant against order dated 29.07.2013 passed by learned additional sessions judge, karnal vide which it was held that no sufficient ground was made out for proceeding against accused for offence punishable under section 376(2)(f) (h)(n) and hence, the accused was discharged of the said offence and however, the case was remanded to learned additional chief judicial magistrate, karnal ..... i have heard learned counsel for the petitioner and have gone through the whole record including the impugned order passed by learned singh omkar 2013.08.23 10:56 i attest to the accuracy and crr no.2624 of 2013 -2- integrity of this document additional sessions judge, ..... careful perusal of order passed by learned additional sessions judge, karnal shows that plea was taken on behalf of the petitioner-complainant that she performed customary marriage, after the death of her husband, with respondent-accused, who is her brother-in-law by performing 'chadar' ceremony and that she was residing with him. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is further averred that that petitioner- wife has initiated proceedings under the protection of women from domestic violence act, 2005 at bathinda wherein the respondent- husband is already appearing. ..... it is further stated that in order to save his skin, the respondent-husband has filed a petition under section 9 of the hindu marriage act for restitution of conjugal rites before the court at sirsa. ..... (oral) petitioner wife has filed the present transfer application under section 24 of the code of civil procedure for the transfer of petition under section 9 of the hindu marriage, 1955 filed by respondent husband for restitution of conjugal rights titled as prem kumar versus sunita rani . ..... in view of the above, the present petition is allowed, the petition under section 9 of the hindu marriage act, 1955 titled as prem kumar versus sunita rani . ..... it is further stated that due to matrimonial dispute and harassment for dowry, the petitioner wife was thrown out of her matrimonial house in august 2012 and since then she is residing separately at her parental house at bathinda. ..... pending in the court of learned district judge, sirs.is ordered to be withdrawn and transferred to courts of competent jurisdiction at bathinda for disposal in accordance with law from the stage of withdrawal. ..... from the court of learned district judge, sirs.to the court of competent jurisdiction at bathinda. .....
Tag this Judgment!Court : Punjab and Haryana
..... ultimately the petitioner was turned out of the matrimonial home on 20.3.2012 and since then she is residing at her matrimonial home at gurgaon where she filed a complaint under the protection of women from domestic violence act,2005 which is pending before the illaqa magistrate,gurgaon. ..... in view of the above, the present petition is allowed, the petition under section 9 of the act filed by respondent husband is transferred from the court of ms.monika chauhan, civil judge (jr.div. ..... .............respondent coram: hon'ble mr.justice jaswant singh present:- mr.pankaj jain,advocate for the petitioner none for the respondent jaswant singh,j(oral).petitioner wife has filed the present transfer application under section 24 cpc for the transfer of petition under section 9 of the hindu marriage act,1955 (for short the act) filed by respondent husband from ludhiana to gurgaon. ..... it is alleged that in order to harass the petitioner, not respondent has filed the aforesaid petition under section 9 of the act at ludhiana, which is at a distance of about 400 kilometers and the petitioner neither possess sufficient means to travel such a distance not is it safe to do so. ..... the petitioner has also filed a petition under ta 303/2012(o&m) 2 section 125 cr.pc at gurgaon. .....
Tag this Judgment!Court : Punjab and Haryana
..... this order of 18.4.2012 had been passed by the judicial magistrate first class, shaheed bhagat singh nagar on an application under section 12 of the protection of women from domestic violence act, 2005 wherein she had sought many reliefs in her favour, including payment of monthly maintenance and payment of a room for her residence in the ..... given in sub-section (s) and sub-section (f) respectively of section 2 of the act, it is claimed that notwithstanding the fact that the house is owned by her mother-in-law, the wife still has a right to reside in such a house because at one point of time she along with her husband had been ..... aside the impugned orders, the matter is remitted to the court of judicial magistrate first class, shaheed bhagat singh nagar to re-appraise the entire issue keeping in the view the evidence available on record, potentiality of the husband to pay and the needs of the wife, within a period of one month from the date of receipt of a certified copy of this order in accordance with ..... modification of the impugned order, she seeks increase in her maintenance amount from rs.1500/- to rs.2,000 ..... bharat bhushan parsoon, j.aggrieved of the order dated 14.9.2012 (passed by learned additional sessions judge, shaheed bhagat singh nagar, while deciding appeal of the complainant-wife against order dated 18.4.2012 of the trial court) whereby the husband was directed to pay maintenance of rs.1,500/- per month and yet another rs.700/- per month on account of rent to the wife, .....
Tag this Judgment!Court : Punjab and Haryana
..... it is stated that the petitioner-wife has initiated proceedings under section 125 cr.pc as well as petition under protection of women from domestic violence act 2005 on 20.10.2012 at karnal. ..... it is further stated that in order to harass the petitioner-wife respondent-husband has filed petition under section 12-c of the hindu marriage act, 1955 at rohtak. ..... due to matrimonial dispute, the petitioner-wife was turned out of her matrimonial home and since then she is residing at her parental home at karnal along with her parents. ..... kumar sanjay and another, air2002sc396 in view of the above, the present petition is allowed, the petition under section 12-c of the hindu marriage act, 1955 titled as deepak kapoor versus simran . ..... (oral) petitioner wife is seeking the transfer of petition filed by the respondent-husband under section 12-c of the hindu marriage act, 1955 titled as deepak kapoor versus simran . ..... pending in the court at rohtak is ordered to be withdrawn and transferred to courts of competent jurisdiction at karnal for disposal in accordance with law from the stage of withdrawal. ..... from the court of learned district & sessions judge, rohtak to a court of competent jurisdiction at karnal. .....
Tag this Judgment!