Court : Delhi
..... and section 12 of protection of women from domestic violence act, 2005 which had been preferred by the second respondent ..... and protection of women from domestic violence act, 2005 were withdrawn and disposed of accordingly, the first petitioner did not discharge his obligation towards the criminal complaint case no.3595/9/2011 and the criminal case arising out of fir no.70/2013, both pending in ..... and another petition under section 12 of protection of woman from domestic violence act, 2005 which were pending at the relevant point of time before the metropolitan ..... the entitlements of respondent and the minor son vaibhav whatsoever including claims in respect of dowry articles, maintenance, right of the child in the properties, if any percolating from petitioner and his ancestors, etc. ..... thought has been spared to his right to maintenance from his father. ..... from the above, it is the submission of the second respondent that since the first petitioner has not abided by his part of the bargain, he cannot be allowed to take advantage of part of the terms of the settlement to insist on quashing ..... was further agreed that the parties will withdraw their respective petitions under sections 11, 12 and section 13 of hindu marriage act, crl. m.c. ..... from the pleadings and the documents on record, particularly the copy of the mediation settlement dated 30.01.2014 on which the petitioners place prime reliance, it is noted that on account of matrimonial dispute the parties became involved in a number .....
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..... petition under section 12 of the protection of women from domestic violence act, 2005, which has also been placed ..... that respondent no.3 has not resided cm(m) 957/2019 page 7 of 8 since july, 2016 at the very latest, and in which she has not even claimed an order of residence in proceedings under the protection of women from domestic violence act, 2005. ..... in her affidavit supported with the application filed under the protection of the women from domestic violation act, 2005, defendant no.3 has mentioned her address as h.no.133, gagan ..... the plaint on the ground that the suit was not maintainable in the civil court by virtue of explanation (d) to section 7(1), read with section 8, of the family courts act, 1984, which provides that a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship , shall be within the exclusive jurisdiction of the family ..... in support of his argument that the petitioners have a good prima facie case in the appeal, mr.mehta submits that explanation (d) to section 7(1) of the act, does not include within its purview a suit filed by the family members of one of the parties to the matrimonial relationship in respect of the property which ..... while issuing notice in the appeal, the appellate court has declined their prayer for ex-parte interim injunction, restraining the respondents from interfering and obstructing the peaceful living and enjoyment of the suit property [16/15, alipur road, civil lines, delhi-110054]..3. .....
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..... had also instituted proceedings under section 12 of protection of women from domestic violence act, 2005. ..... for divorce as well as under domestic violence act filed by the complainant are stated ..... settlement, parties agreed that the complainant shall withdraw her petition for divorce as well as that under domestic violence act. ..... on the other hand, where 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 ..... additional public prosecutor appearing for the state submits that looking to the overall circumstances and since the matter pertains to a domestic and matrimonial dispute; where the parties have amicably settled the matter and have obtained divorce by mutual consent; and the complainant is no longer interested in supporting the prosecution, no useful purpose ..... aforesaid fir is stated to have been lodged by respondent no.2/complainant consequent upon certain matrimonial and domestic disputes that have arisen between the parties pursuant to her marriage with petitioner no.1-sunder sharma on ..... seeking quashing of fir no.34/2013 registered under sections 498a/406/34 ipc at police station crime (women cell), nanakpura on 5th march, 2013 on the ground that the matter has been amicably .....
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..... had also instituted proceedings under section 12 of protection of women from domestic violence act, 2005. ..... for divorce as well as under domestic violence act filed by the complainant are stated ..... settlement, parties agreed that the complainant shall withdraw her petition for divorce as well as that under domestic violence act. ..... on the other hand, where 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 ..... additional public prosecutor appearing for the state submits that looking to the overall circumstances and since the matter pertains to a domestic and matrimonial dispute; where the parties have amicably settled the matter and have obtained divorce by mutual consent; and the complainant is no longer interested in supporting the prosecution, no useful purpose ..... aforesaid fir is stated to have been lodged by respondent no.2/complainant consequent upon certain matrimonial and domestic disputes that have arisen between the parties pursuant to her marriage with petitioner no.1-sunder sharma on ..... seeking quashing of fir no.34/2013 registered under sections 498a/406/34 ipc at police station crime (women cell), nanakpura on 5th march, 2013 on the ground that the matter has been amicably .....
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..... in a complaint under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), trial court vide impugned order of 23rd june, 2008 has directed husband-ravi dutta to pay maintenance of rupees twenty thousand per month to wife- kiran dutta and another rupees twenty thousand per month towards rental and another rupees twenty thousand as compensation under section 22 of the dv act. ..... so far as direction to pay interim maintenance of `10,000/- per month is concerned, i find that appellate court in impugned order has not prima facie disclosed that petitioner-husband is or was committing an act of domestic violence as defined under section 3 of dv act. ..... act ought to have been dismissed, as complainant wife is a highly qualified lady, who has been paid `5.40 lacs annually and that there is no finding of any domestic violence being committed by petitioner-husband. ..... it was submitted on behalf of petitioner-husband that grant of interim maintenance of rupees ten thousand per month is wholly justified without returning a prima facie finding of petitioner-husband being guilty of committing domestic violence. ..... (ii) thereafter, he shall call for a domestic incident report from the protection officer or service provider. ..... the mandate of section 12 of dv act of mandatory consideration of domestic incident report cannot be deviated and the object of dv act cannot be defeated by not remanding the matter back to trial court. .....
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..... the impugned order dated 29.07.2013 endorsing the finding of the learned mm dated 28.03.2012 vide which the order passed on the complaint case (cc no.174/2003) under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as pwdva ) had been disposed of without granting any relief to the petitioner. ..... period or even prior to that for commission of acts of domestic violence by the respondent. ..... , learned trial court found that complainant was a victim of domestic violence and a prima-facie case of domestic violence was made out against husband/r-1. ..... allegations against father-in-law/r-2 and no case of domestic violence was made out against ajay gupta/r-5 (nandoi). ..... was residing separately since 05.10.2004 and there were no complaints during the intervening period or even prior to that for commission of domestic violence by the respondents. ..... an issued which reads as under: whether prima facie case of domestic violence is made out?. ..... passed by both the two courts below cursorily on surmises and conjectures without applying the settled legal proposition; submission being that the motherin-law of the petitioner namely urmil gupta had been deleted from the complaint case on an application filed by her without any formal order; this was on the pretext that a female does not qualify as a respondent under the pwdva ; submission ..... only in domestic investigation report (dir) filed by the protection officer, ..... has sought firstly protection order u/s 18 pw dv act. .....
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..... in a complaint under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), trial court vide impugned order of 23rd june, 2008 has directed husband-ravi dutta to pay maintenance of rupees twenty thousand per month to wife- kiran dutta and another rupees twenty thousand per month towards rental and another rupees twenty thousand as compensation under section 22 of the dv act. ..... so far as direction to pay interim maintenance of `10,000/- per month is concerned, i find that appellate court in impugned order has not prima facie disclosed that petitioner-husband is or was committing an act of domestic violence as defined under section 3 of dv act. ..... act ought to have been dismissed, as complainant wife is a highly qualified lady, who has been paid `5.40 lacs annually and that there is no finding of any domestic violence being committed by petitioner-husband. ..... it was submitted on behalf of petitioner-husband that grant of interim maintenance of rupees ten thousand per month is wholly justified without returning a prima facie finding of petitioner-husband being guilty of committing domestic violence. ..... (ii) thereafter, he shall call for a domestic incident report from the protection officer or service provider. ..... the mandate of section 12 of dv act of mandatory consideration of domestic incident report cannot be deviated and the object of dv act cannot be defeated by not remanding the matter back to trial court. .....
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..... the parties were referred to mediation by the court below hearing the complaint case no.259/1/2010 under the protection of women from domestic violence act, 2005 instituted by the complainant, and ultimately, on 31.01.2014, parties arrived at a settlement before the mediation centre, tis hazari courts, delhi, setting down all the ..... had also instituted proceedings under section 12 of the protection of women from domestic violence act, 2005 along with the petition under section 25 of the guardians and wards act, 1890.4. ..... on the other hand, where 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 ..... counsel for the state submits that looking to the overall circumstances where the matter has arisen primarily out of domestic and matrimonial disputes, and the parties have settled the matter on mutually acceptable terms and have obtained divorce by mutual consent; and the complainant is no longer interested in supporting the prosecution; no ..... is stated that the aforesaid fir came to be lodged by the complainant as a result of certain matrimonial and domestic disputes that had arisen between the parties consequent upon her marriage to the first petitioner, sachin harjai, on 30th .....
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..... the parties were referred to mediation by the court below hearing the complaint case no.259/1/2010 under the protection of women from domestic violence act, 2005 instituted by the complainant, and ultimately, on 31.01.2014, parties arrived at a settlement before the mediation centre, tis hazari courts, delhi, setting down all the ..... had also instituted proceedings under section 12 of the protection of women from domestic violence act, 2005 along with the petition under section 25 of the guardians and wards act, 1890.4. ..... on the other hand, where 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 ..... counsel for the state submits that looking to the overall circumstances where the matter has arisen primarily out of domestic and matrimonial disputes, and the parties have settled the matter on mutually acceptable terms and have obtained divorce by mutual consent; and the complainant is no longer interested in supporting the prosecution; no ..... is stated that the aforesaid fir came to be lodged by the complainant as a result of certain matrimonial and domestic disputes that had arisen between the parties consequent upon her marriage to the first petitioner, sachin harjai, on 30th .....
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..... petitioner filed an application under section 12 of the protection of women from domestic violence act, 2005 (in short the act) and along with it she filed an application under section 29 of the act seeking maintenance. ..... it must be understood that the protection of women from domestic violence act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved ..... /2010 page 2 of 3 already granted, she will have to move the same court and she cannot approach mm under the protection of women from domestic violence act by way of an application of interim or final nature to grant additional maintenance. ..... learned court of mm observed that petitioner was living separate from her husband since 3rd january, 1996. ..... had filed a civil suit under hindu adoption and maintenance act and an application under section 125 cr.p.c. ..... the court of mm under the act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under civil court or under ..... if a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in civil suit or by court of mm in an application under section 125 ..... /2010 page 1 of 3 she was getting a total maintenance of ` 4000/- per month from the respondent. ..... does not have a right to claim additional maintenance under the act. .....
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