Court : Delhi
..... one can also not lose sight of the fact that none of the statutes which deal with the rights of a married woman in india, be it the hindu marriage act, 1955; the hindu succession act, 1956; the hindu adoption and maintenance act, 1956; the protection of women from domestic violence act, 2005 or the code criminal procedure, 1973 confer any right of maintenance including residence for the married woman as against the parents of the husband. ..... the petitioner filed an application under section 19 of the protection of women from domestic violence act, 2005 (hereinafter referred as the said act') on the ground that she had apprehension of dispossession from her matrimonial home bearing no.a-135, shanker garden, vikas puri, new delhi. 3. ..... section 17 (1) of domestic violence act, 2005 gives protection to the wife where the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member within the meaning of section 2(s) of the said act. ..... by way of this petition filed under section 482 of the code of criminal procedure, 1973, petitioners seeks directions whereby setting aside the impugned judgment dated 25.08.2008 passed by the learned additional sessions judge, rohini courts, delhi, (asj) in criminal appeal no.27 of 2007 as far as order on residence is concerned. .....
Tag this Judgment!Court : Mumbai Goa
..... 14/05/2009, the respondent filed complaint against the petitioner and his parents under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 (domestic violence act, for short), claiming total sum of rs.67,500/- for maintenance of herself ..... view of all that is discussed above, except for not allowing adjustment of rs.50,000/- as above, it cannot be said that there has been a patent perversity in the impugned order of the trial court or that there has been a gross and manifest failure of justice or the basic principles of natural justice have been flouted, while determining the amount of interim ..... paragraph 98 of the matrimonial petition no.20/2009, gaurav has himself stated that when he and radhika resided together, he would provide radhika any sum of money as and when she required for her personal ..... section 3((b)(i) of the hindu adoption and maintenance act, 1956 provides that maintenance includes provision for food, clothing, residence, ..... gaurav himself has stated that he along with radhika resided in germany for a period of 2 to 3 years after the marriage, though he added that there he had taken up the task of setting up a marketing and distributing company for the ..... manner, by giving a life interest in property for the purposes of residence, that provision is made in lieu of a pre-existing right to maintenance and the hindu lady acquires far more than the vestige of title which is deemed sufficient to attract section 14(1). .....
Tag this Judgment!Court : Jharkhand
..... 42 of 2011, whereby on the complaint filed under the protection of women from domestic violence act, 2005, (hereinafter referred to as act ), by the respondent no. ..... . a conjoint reading of section 2(s) with section 19 of the act clearly shows that the magistrate is fully empowered to pass the residence order, even restoring the possession of the complainant, in case it is found that she is dispossessed or ousted from the shared household ..... -(1) while disposing of an application under sub-section (1) of section 12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order- (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) ....................... (c) ....................... (d) ....................... (e) ....................... ..... the order of residence has also been passed by the learned trial court below under section 19 of the act, entitling the wife of the petitioner to reside in the shared household of the petitioner where she was earlier residing after her marriage at village kalapathar, p.s. .....
Tag this Judgment!Court : Chennai
..... 18, 19, 20(1) & 22 of the protection of women from domestic violence act, 2005, which was taken on file in d.v.a.c.no.1 of 2010 and interim order of rs.25,000/- per month has been awarded to the wife as maintenance and the right of residence was ordered. ..... but the order in the appeals have been pronounced only on 24.09.2010, within 30 days, the learned xv metropolitan magistrate dismissed the complaint for non prosecution by invoking section 256 cr.p.c.8. ..... sub-court tambaram in respect of divorce petition filed by the husband under section 13(1)(i)(a) of the hindu marriage act. ..... (2) the provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death. ..... "considering the above decision along with section 256 cr.p.c. ..... it is appropriate to incorporate section 256 cr.p.c. ..... 856 has held as follows:"two constraints are imposed on the court for exercising the power under section 256. ..... but on 19.10.2010, since the appellant/complainant was called absent, the learned xv metropolitan magistrate, by invoking section 256 cr.p.c. ..... :criminal appeal filed under section 378 of cr.p.c. ..... but if the presence of the complainant on that date was quite unnecessary, then resorting to the step of axing down the complaint may not be proper exercise of power envisaged in the section. ..... the appellant/wife had filed an application against the respondents herein, who is her husband, father-in-law and mother-in-law respectively, under sections 12 r.w.s. .....
Tag this Judgment!Court : Delhi
..... for the respondent coram:-"hon ble mr justice ashutosh kumar ashutosh kumar, j judgment1 the petitioner/wife had filed a complaint before the metropolitan magistrate, mahila court-01, central, delhi under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as act ) which was registered as cc no.291/6/08 seeking protection order under section 18; residence order under section 19; monetary relief under section 20 and compensation order under section 22 of the act.2. ..... . section 2(a) of the protection of woman from domestic violence act, 2005 defines aggrieved person as follows:-" 2 ..... . the provisions of the act are for the benefit of persons in distress as well as for vindication of the rights of the aggrieved person which is guaranteed under articles 14, 15 & 21 of the constitution of india and for providing civil remedies for the purposes of protecting women from being victims of domestic violence and to prevent the occurrence of such domestic violence in society.10 ..... . the incidences of domestic violence have been enumerated in section 3 of the act which defines domestic violence and it includes physical, verbal, emotional and economic abuse ..... . from the aforesaid definition, it is very clear that apart from the woman who is in a domestic relationship with the respondent, a woman who has been in domestic relation, if is subjected to domestic violence, would also come under the category of aggrieved person .12 .....
Tag this Judgment!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 : Delhi
..... that judgment, the court had upheld the right of the plaintiff in one of the suits, (hereafter referred to as "eveneet") to residence in terms of section 17 of the protection of women from domestic violence act, 2005 (hereafter referred to as "the domestic violence act"). ..... order to facilitate and effectuate this order, the parties are directed to appear before the court handling the complaint under the domestic violence act, on 4th january, 2011, which shall oversee that prashant complies with section 19 (1)(f), within ten weeks from ..... eveneet has made a complaint under the domestic violence act, in which orders have not been made, yet this court also has concurrent jurisdiction under section 26 to make appropriate orders in this regard, and mould the ..... eveneet contests the operative portions, contending that she has the right to reside in the shared household whereas prashant's grievance in respect of the order apparently is that eveneet is not entitled to the amounts or the alternative accommodation, ..... learned senior counsel for the parties have also brought to the notice of this court that by an order dated 11.02.2011, the division bench had left it open to eveneet to shift into the flat leased by prashant which was then ..... the facts, and in a given case, conclude that the overall conspectus of circumstances, suggests manipulation by the husband or his relatives, to defeat a right inhering in the wife, to any order under section 19, such "lifting of the veil" should be resorted to. .....
Tag this Judgment!Court : Delhi
..... the expression shared household is described in the protection of women from domestic violence act, 2005 by section 2(s) as under:-" 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 ..... is inherent in the above-mentioned definition of shared household that the person against whom the right of residence is claimed qua the household described as such should have a right, title or interest therein. ..... the petitioner, reiterating her case, states that she has a right to continue to reside in the portion of the above- mentioned property notwithstanding the fact that it stands in the name of the father-in-law (second respondent), asserting that she has been permitted the use and occupation of room in ..... the metropolitan magistrate, by order dated 01.03.2016, declined to grant any relief in the nature of right to residence in respect of a portion in the above-mentioned property, referring in this context to the litigation in various cases, primarily one in the civil ..... the claim of her husband through whom she claims the right of residence in his property has already been repelled by the civil court twice, once in the partition suit and second time in the suit for partition brought by the first respondent .....
Tag this Judgment!Court : Karnataka
..... 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. ..... court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 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 ..... no.1/husband for protection order, monetary reliefs, right of residence etc. ..... .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?. ..... 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 ..... 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 .....
Tag this Judgment!Court : Karnataka
..... 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. ..... court relied upon the residence certificate produced by accused no.5 in the proceedings under the domestic violence act. ..... 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 ..... no.1/husband for protection order, monetary reliefs, right of residence etc. ..... .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?. ..... 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 ..... 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 .....
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