Court : Rajasthan Jodhpur
..... takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman ..... a woman entitled to invoke the jurisdiction of the court under section 12 of the act for the reliefs specified under section 18 to 23 she must fall within the definition of 'aggrieved person' in terms of provisions of section 2(a) of the act but then, the particular act of domestic violence pleaded may not have any direct bearing on or nexus with the reliefs which could be granted by the court under the provisions of the act. ..... , in our considered opinion, a combined reading of sections 2 (a), 2 (f), 2(q), 2 (s) 3, 12 & 18 to 23 of the act leads to an irresistible and definite conclusion that the remedy as provided for under section 12 covers the act of violence committed even prior to coming into force of the act smt. ..... learned counsel submitted that the definition of 'domestic relationship' as set out under section 2(f) of the act, includes 'a relationship in the nature of marriage' which is held to be relationship akin to common law marriage by the hon'ble supreme court in .....
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submitted by learned counsel for the respondent that the proceedings under the domestic violence act already stands 2 withdrawn. ..... 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. .....
Tag this Judgment!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 petitioner raised two prayers before the trial court in the proceedings under the domestic violence act, 2005. ..... (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. .....
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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. ..... 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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..... , 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 ..... 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. ..... 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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..... 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 ..... 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. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... , 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 ..... 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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..... notice that the appellant-wife has filed an 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 ..... time, disliking for each other must have been developed between both of them and the fact that there is no cohabitation between the spouse which, in our considered view, is definitely an important circumstance which the family court failed to notice in arriving to a conclusion that such conduct certainly amounts to a mental cruelty and in these facts and circumstances, it ..... 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 ..... 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 ..... 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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..... the 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 court. ..... aggrieved, 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 law. ..... meanwhile, the issue with respect to the maintainability of the application under section 12 with retrospective effect has been settled by the apex court in the case of saraswathy versus babu in criminal appeal no.1999 of 2013 (arising out of slp(crl. ..... (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. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... 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 ..... on the universal declaration of human rights and the article 33 of the united nations convention on the status of refugees, held that the protection of human life and liberty is available to refugees, if his activities are not prejudicial to the law and order or security of the ..... in such situation the court is not given any power to adjourn the case except in the extreme contingency for which the second proviso to sub-section (2) has imposed another condition, provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to ..... 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 ..... the statement of objects and reasons of the scheme read as under : the hon ble supreme court in delhi domestic working women s forum vs. ..... the commission feels that such definition is not feasible and it does ..... 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 ..... - 120 (2005) dlt213 a single judge of the high court has held as under .....
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