Court : Delhi
..... under section 12 of the protection of women from domestic violence act, 2005 against ..... i am of the considered opinion that this matter deserves to be given a quietus at this stage itself since the parties have resolved their differences, which were matrimonial and domestic in nature, on terms; and the first petitioner and the complainant have obtained a divorce by mutual consent; and since the complainant is no longer interested in supporting the prosecution, thereby ..... the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under section 307 indian penal code is committed or not. ..... under section 482 of the code is to be distinguished from the power which lies in the court to compound the offences under section 320 ..... mutual consent was filed jointly by the first petitioner and the complainant under the relevant provisions of the hindu marriage act, 1955 before the matrimonial court; and on 20.09.2014, the marriage of the complainant and the first petitioner was dissolved by a decree of divorce by mutual consent under section 13-b (2) of the hindu marriage act in hma no.1725/2014. ..... petitioner is stated to have initiated proceedings under section 9 of the hindu marriage act, 1955.6. .....
Tag this Judgment!Court : Delhi
..... the complainant had also instituted proceedings under the protection of women from domestic violence act, as well as filed a petition seeking divorce ..... sum up and lay down the following principles by which the high court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under section 482 of the code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:29. ..... disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, section 320 of the code would not be a bar to the exercise of power of quashing of fir, complaint or the subsequent criminal proceedings.16. ..... is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under section 307 indian penal code is committed or not. ..... withdrawn all the proceedings initiated by her, and both parties thereafter moved a joint petition seeking dissolution of their marriage by mutual consent under section 13-b(2) of the hindu marriage act, which was decreed by the family court in hma no.1242/14 on 12.11.2014. .....
Tag this Judgment!Court : Delhi
..... under section 12 of the protection of women from domestic violence act, 2005 against ..... i am of the considered opinion that this matter deserves to be given a quietus at this stage itself since the parties have resolved their differences, which were matrimonial and domestic in nature, on terms; and the first petitioner and the complainant have obtained a divorce by mutual consent; and since the complainant is no longer interested in supporting the prosecution, thereby ..... the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under section 307 indian penal code is committed or not. ..... under section 482 of the code is to be distinguished from the power which lies in the court to compound the offences under section 320 ..... mutual consent was filed jointly by the first petitioner and the complainant under the relevant provisions of the hindu marriage act, 1955 before the matrimonial court; and on 20.09.2014, the marriage of the complainant and the first petitioner was dissolved by a decree of divorce by mutual consent under section 13-b (2) of the hindu marriage act in hma no.1725/2014. ..... petitioner is stated to have initiated proceedings under section 9 of the hindu marriage act, 1955.6. .....
Tag this Judgment!Court : Delhi
..... the complainant had also instituted proceedings under the protection of women from domestic violence act, as well as filed a petition seeking divorce ..... sum up and lay down the following principles by which the high court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under section 482 of the code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings:29. ..... disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, section 320 of the code would not be a bar to the exercise of power of quashing of fir, complaint or the subsequent criminal proceedings.16. ..... is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under section 307 indian penal code is committed or not. ..... withdrawn all the proceedings initiated by her, and both parties thereafter moved a joint petition seeking dissolution of their marriage by mutual consent under section 13-b(2) of the hindu marriage act, which was decreed by the family court in hma no.1242/14 on 12.11.2014. .....
Tag this Judgment!Court : Delhi
..... ms priyanka khanna had moved an application before learned metropolitan magistrate (mm) under section 12 of protection of women from domestic violence act and also made an interim application for residence, protection and maintenance. ..... was filed by the husband which is pending before the court of adj and the learned adj after considering the material vide order dated 16th september, 2008, granted to the wife a monthly maintenance of ` 25,000/- from the date of filing of application under section 24 of hindu marriage act till the disposal of the case and awarded ` 10,000/- towards litigation expenses. 3. ..... there may be many cases where a man is egoistic and does not take help from his rich parents or rich brother and does not maintain same status which his rich brother and parents may maintain.5. ..... learned mm considered the income of the husband for the financial years 2004-05, 2005-06, 2006-07 and 2007-08 and found that annual gross income of the husband for the latest financial year i.e. ..... status of a man is not determined from the status of his brothers or parents. ..... this would be payable from the date of order of the appellate court. ..... it is evident from the order passed by the learned asj that he has not enumerated the vast movable and immovable properties owned by the husband. ..... and maintenance from ` 10,000/- p.m. ..... in appeal, the learned asj enhanced the house rent payable to the wife from ` 5,000/- p.m. ..... apart from that, she also awarded ` 5,000/- per mensem (p.m. .....
Tag this Judgment!Court : Chennai
..... in turn filed a case in m.c.no.21 of 2011 before the learned judicial magistrate, ambattur, tiruvallur district, under the provisions of the protection of women from the domestic violence act, 2005 wherein she has prayed for various reliefs including maintenance from her husband, the petitioner herein. ..... it is a measure of social justice and specially enacted to protect women, children and parents and it falls within the constitutional sweep of article 15(3) of the constitution of india reinforced by article 39 of the ..... personal laws, the husband may be entitled to claim maintenance from the wife, it is certainly not possible under section 125 of the code of criminal procedure.2. ..... petition came up for hearing on 04.06.2012, this court raised a fundamental question to the learned counsel for the petitioner as to how the case in m.c.3 of 2011 itself is maintainable under section 125 of the code of criminal procedure. ..... to read and understand the scope of section 125 of the code of criminal procedure is not ..... petition filed under section 482 of the code of criminal procedure praying to transfer the case in m.c.no.3 of 2011 pending on the file of the learned chief judicial magistrate, dharmapuri to be tried with m.c.no.21 of 2011 pending on the file of the judicial ..... out that even if the present petition for transfer is allowed to be withdrawn, this court would not stop without quashing the proceedings in m.c.no.3 of 2011 suo motu by exercising the power saved under section 482 of cr.p.c. .....
Tag this Judgment!Court : Punjab and Haryana
..... amarjeet kaur filed a complaint under section 12 of the protection of women from domestic violence act ( in short the act) against her husband saravjeet singh and father-in-law amrik singh alleging that she was married to respondent saravjeet singh on 20.5.2007 at village gumthala garhu, p.s. ..... vide the petition complainant sought for order of residence, maintenance @ rs.10,000/- per month, medical expenses, police protection for safety of complainant and the custody of minot child namely, harshdeep.3. ..... however, only clarification requires to be given is that wife shall be entitled to claim maintenance of the minot from the date when custody of the minot is actually handed over by the petitioner to the wife.12. ..... time of marriage sufficient dowry was given but she was physically and mentally harassed and tortured by respondent and demand of rs.50,000/- in cash and motor cycle was raised and she was turned out from the matrimonial house and child was retained by the respondent with him. ..... the complainant made false complaint in writing in women cell, sp office, kurukshetra against the respondent, where matter was investigated and it was found that complainant herself was at fault. .....
Tag this Judgment!Court : Mumbai
..... not available to a wife of a coparcener except for enjoyment and possession of a property which is her matrimonial home or shared residence) (see section 17 of the protection of women from domestic violence act, 2005 (d.v. ..... share, right, title or interest in the huf in which her husband is a coparcener with his brothers, father or sons (and after the amendment of section 6 of the hindu succession act in 2005 with his sisters and daughters also). 14. ..... even after the amendment of 2005 to section 6 of the hindu succession act a wife would not be a coparcener; only a daughter of a ..... it was further held in para 4 of the judgment that a hindu joint family consisted of a person lineally descended from a common ancestor and includes their wives and unmarried daughters unlike a hindu coparcenary which would be a narrower body and included only persons who acquired, by birth, interest in ..... the share which belonged to her husband in the huf upon her husband's death as per section 3 of the hindu women's right to property act, 1937. ..... there was a departure therefrom under section 6 of the hindu succession act, 1956 under which a male hindu dying intestate leaving behind female heirs or male heirs claiming other female heirs would have their share in the coparcenary property devolved by succession and ..... no member would be entitled to a definite share in joint family property or in its ..... defendant has also produced the law lexicon page 416 showing the definition of coparceners thus: coparceners. .....
Tag this Judgment!Court : Chennai
..... protect the interest of women, who end up as a second wife or a concubine as a result of long living with a male companion, has enacted the protection of women from domestic violence act, 2005 ..... living at the time of the marriage; (ii).at the time of the marriage, neither party- (a)is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c)has been subject to recurrent attacks of insanity (iii) the briedgroom has completed the age of [twenty-one years ..... n.stanunthan thambi for the past 47 years, and except for the maintenance case, the petitioner was never interested in living with the deceased n.stanunthan thambi, which is evident from the fact that she never took any steps for restitution and all along it is only the fifth respondent, who had taken good care of n.stanunthan thambi until his death. ..... the relationship between the fifth respondent would certainly fall under the definition as the deceased n.stanunthan thambi and the 5th respondent have lived together as husband ..... we approve the views expressed by the other high courts on the meaning of section 39 of the act and hold that a mere nomination made under section 39 of the act does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the life insurance policy on .....
Tag this Judgment!Court : Karnataka
..... family court has taken note of the fact that wife has approached the jurisdictional magistrate under the provisions of protection of women from domestic violence act in c.mis.no.14/2008 wherein an interim maintenance of rs.2,500/- per month is awarded as one of the ..... it was further noticed by the family court that wife has been awarded a sum of rs.2,500/- as maintenance in the petition filed by her for domestic violence which was also not disclosed by her and as such, it held that she had not only deliberately suppressed the details regarding her occupation, but also about ..... it has been contended that they had stayed together at a rented house till october, 2005 and thereafter she has deserted the petitioner on being caught red handed by him while he found her in ..... this rpfc is filed under section 19(4) of family court act, against the order dated 23.11. ..... well as husband questioning the correctness and legality of the order dated 23.11.2012 passed by the prl.civil judge, family court, bangalore in c.mis.no.14/2009 whereunder petition filed by wife under section 125 of code of criminal procedure, 1973 (for short 'cr.p.c'. ..... mere production of material to show that respondent - wife was earning some income would not be sufficient to rule out the claim made under section 125 cr.p.c. ..... plea in the petition filed under section 125 cr.p.c. i.e. ..... apex court in bhuvan mohan singh vs meena and others reported in 2015(6) scc 353 that proceedings under section 125 cr.p.c. ..... petition under section 125 .....
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