Court : Delhi
..... section 12 of the protection of women from domestic violence act, 2005 (in short pwdv act ) before the learned metropolitan magistrate inter alia seeking restraint against the petitioner from approaching or visiting the house of the respondent or her workplace and restraining him from committing any act of domestic violence. ..... act of 1984 was specially meant for establishment of special courts so that matters referred in explanation to section 7 of the act can be dealt by the special courts established for that purpose whereas the object of enactment of the act of 2005 was to protect the woman from being victim of the domestic violence and to prevent the occurrence of domestic violence ..... under section 21 of the act 2005 independent remedy has not been provided to seek custody of the minor child and jurisdiction has been conferred on the magistrate to grant temporary custody of such a child to the aggrieved person during the course of hearing of an application for grant of protection order or for any other relief under the provisions of act whereas under the provisions of the act of 1984 any person can file ..... notwithstanding anything contained in any other law for the time being in force, the magistrate may, at any stage of hearing of the application for protection order or for any other relief under this act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit .....
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..... the aforesaid order dated 22.05.2015 was challenged by the respondent by filing an appeal under section 29 of the protection of women from domestic violence act, 2005 before the court of district and sessions judge, saket courts, delhi and the learned asj vide impugned order dated 02.11.2015 directed the respondent/appellant to deposit an amount of rs.7.25 lacs which shall be 50% of arrears of maintenance ..... on 01.10.2012 the petitioner filed an application under section 12 of the protections of women from domestic violence act, 2005 before the court of additional chief metropolitan magistrate, saket courts, new delhi alleging therein that the crl.m.c ..... it is further submitted that the petitioner/wife has preferred to come to india and file a domestic violence complaint against the respondent/husband after a significant gap of 1 year and 4 months therefore, the present petition is not ..... the petitioner has also sought interim maintenance vide her affidavit under section 23 of the pwdv, act as the petitioner was being constrained to bear the entire expenses of the minor child and was also incapable of maintain the standard of life that they were accustomed ..... the marriage between the parties was dissolved by a decree of divorce by the courts of republic of singapore loses its significance as the mere allegation of the divorce taken place at singapore does not absolve the respondent from granting maintenance to the petitioner as awarded by the learned trial court as this stage.12. .....
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..... petitioner was a petition under section 12 of the protection of women from domestic violence act, 2005 ( pwdv act ) in the court of the metropolitan magistrate ( mm ), ..... has also expressed certain concerns on his travel as proceedings have been initiated by respondent no.2 under the protection of women from domestic violence act and an fir no.55/2017 has been registered against the petitioner and his parents. mr. ..... was held that even in the matter of the 'summary' enquiry "it is open to the court to decline the relief of return of the child to the country from where he/she was removed irrespective of a pre-existing order of return of the child by a foreign court." 25. ..... malhotra submits that respondent no.2 ought to have invoked sections 7 and 25 of the guardians and ward act, 1890 ( gwa ) for the custody of the child in the appropriate court the jurisdiction of which had to be determined in terms of section 9 ..... p (crl) 2034/2017 page 10 of 14 the protection afforded by the order dated 1st august, 2017 should continue ..... petitioner acknowledges having been served notice in the petition under section 12 of the pwdv act, he maintains that till date he has not been served with the notice in the petition and application under sections 13 and 26 of hma respectively pending in the family court, ..... petitioner by the order dated 1st august 2017, it is plain from the said order that it was meant to continue only to facilitate the ..... , on the other hand, submitted that the protection afforded to the... .....
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..... by a petition under protection of women from domestic violence act, 2005 before the metropolitan magistrate (case no.92/1/14), she alleges having been subjected to various acts of commission or omission, they constituting domestic violence. ..... the questions of fact which are raised concerning the petition under domestic violence act, 2005, which is pending consideration before the competent court cannot be addressed by this court in its inherent jurisdiction under section 482 cr. pc. ..... the metropolitan magistrate, by her order dated 07.07.2014, after perusing the domestic information report found a case made out for issuing notice to the petitioner. .....
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..... the petitioner seeks quashing of complaint case no.461/1/15 under sections 12/18/19/20/of protection of women from domestic violence act, 2005, police station vikas puri.2. ..... complaint case no.461/1/15 under sections 12/18/19/20/of protection of women rrom domestic violence act, 2005, police station vikas puri and the consequent proceedings emanating there from are quashed.8. .....
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..... it is submitted by counsel for second respondent that in view of section 2(f) of protection of women from domestic violence act, 2005, domestic relationship need not subsist when the complaint is made. ..... vide impugned order of 17th november, 2016 (annexure p-1), petitioners have been summoned in a complaint under section 12 of protection of women from domestic violence act, 2005.2. ..... at this stage, petitioner s counsel submits that petitioner has a daughter aged 12 years from marriage with second respondent and petitioner feels the moral obligation to take care of his daughter and so, to prove the bona fides, petitioner is ready to make fixed deposit of 20,00,000/- in the name of his daughter, so that ..... it is submitted that there has been no domestic relationship of petitioner-husband with respondent no.2-wife since 3rd july, 2010.3. ..... ground that respondent no.2-wife had deserted petitioner-husband six years prior to filing of the complaint and petitioner has already obtained ex parte decree of divorce in august, 2016 and respondent-wife had abstained herself from appearing in divorce proceedings. .....
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..... the same time, the complainant had also instituted proceedings under section 12 of the protection of women from domestic violence act, 2005, while the petitioner had moved a divorce petition under section 13(1)(ia) of the hindu marriage act, being hma no.1496/2012.5. ..... terms thereof the parties agreed to withdraw their respective petitions pending before the family court as well as under domestic violence act, 2005 and thereafter seek divorce by mutual consent through a fresh petition. ..... the proceedings initiated by complainant under section 12 of domestic violence act, 2005 as well as proceedings initiated by the petitioner for divorce being hma no.1496/2012 stand ..... i am of the considered opinion that the matter deserves to be given a quietus at this stage itself since the parties have settled the matter, which arose largely out of a matrimonial and domestic dispute, on terms; and the first petitioner and the complainant have obtained a divorce by mutual consent, and the complainant is no longer interested in pursuing the matter, or even supporting the case of the prosecution if at all ..... 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 under section .....
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..... the same time, the complainant had also instituted proceedings under section 12 of the protection of women from domestic violence act, 2005, while the petitioner had moved a divorce petition under section 13(1)(ia) of the hindu marriage act, being hma no.1496/2012.5. ..... terms thereof the parties agreed to withdraw their respective petitions pending before the family court as well as under domestic violence act, 2005 and thereafter seek divorce by mutual consent through a fresh petition. ..... the proceedings initiated by complainant under section 12 of domestic violence act, 2005 as well as proceedings initiated by the petitioner for divorce being hma no.1496/2012 stand ..... i am of the considered opinion that the matter deserves to be given a quietus at this stage itself since the parties have settled the matter, which arose largely out of a matrimonial and domestic dispute, on terms; and the first petitioner and the complainant have obtained a divorce by mutual consent, and the complainant is no longer interested in pursuing the matter, or even supporting the case of the prosecution if at all ..... 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 under section .....
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Reported in : 2008CriLJ66; I(2008)DMC58
..... protection of women from domestic violence act, 2005 ..... the respondent herein had filed an application under section 23 of the protection of woman from domestic violence act, 2005 before the magistrate praying for grant of interim relief seeking therein her entry into the shared house hold at 7, sunder nagar, new delhi and also prayed ..... sought for giving directions to the protection officer to remove the respondent and the family members from the house, which goes on to show that the respondent is already in possession of the house that is why such direction has been sought for removing her from the house.16. ..... remedy by way of appeal or by way of alteration, modification or revocation of any order, has been provided under the act, prima-facie, the present petition under article 227 of the constitution of india, under these circumstances is not maintainable before ..... stay of the operation of the impugned order and for giving a direction to the protection officer to remove the respondent and her family members from the house.5. ..... (2) if the magistrate, on receipt of an application from the aggrieved person or the respondent is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this act, he may, for reasons to be recorded in writing pass such order, ..... further, section 29 of the act provides for appeal to the court of session within thirty days from the date on which the order made by the magistrate is served on the .....
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..... 1.the present petition under section 482 cr.p.c.assails an order of interim maintenance under the protection of women from domestic violence act, 2005 (in short domestic violence act) passed by the learned mm on 16th january, 2008 and confirmed by the learned additional sessions judge in appeal by order dated 29th february, ..... he had no source of income, he was not even able to maintain himself and had incurred loan, but observed that since the petitioner had earlier worked abroad as sales manager and in view of the provisions of domestic violence act, he had the responsibility to maintain the wife and monetary relief was necessarily to be provided to the aggrieved person i.e. ..... thus, maintenance can be fixed by the court under domestic violence act only as per prevalent law regarding providing of maintenance by husband to the ..... a perusal of domestic violence act shows that domestic violence act does not create any additional right in favour of wife ..... marriage did not succeed, the husband/petitioner filed a petition under section 12 of hindu marriage act for declaring the marriage as null and void and the wife first filed an fir against the husband under section 498a/406 ipc and then filed an application under section 12 of domestic violence act.3. ..... seized, he was not permitted to leave country, (the bail was given with a condition that he shall keep visiting investigating officer as and when called) is contrary to law and not warranted under provisions of domestic violence act.5. .....
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