Court : Delhi
..... the directions contained in 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 today. ..... as held earlier,though 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 ..... (os) 341/2007 (decided on 26.10.2010), as well as section 19(1)(f) of the domestic violence act, and instead directed that she ought to be given alternative accommodation. ..... to the court dealing with the complaint under the domestic violence act was purely a facilitating mechanism. ..... no doubt under an obligation to offer alternative accommodation - this process was to be monitored by the court dealing with the complaint under the domestic violence act. 8. ..... pointed-out that eveneet's rights having been declared in para 19 of the judgment, and the matter has to be relegated for appropriate effectuation by the magistrate dealing with the complaint under the domestic violence act. .....
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..... facts leading to filing of the petition under section 12 of the protection of women from domestic violence act, 2005 (d.v. ..... the respondent alleged certain acts of violence and harassment at the hands of the petitioner, particularly in october, 1998 and in november, ..... in the present case, even the police examined certain witnesses and prepared a status report which also establishes the relationship of appellant with the respondent and therefore the domestic relationship between the parties stands established in trial court.10. ..... in view of the consistent finding on the domestic relationship reached by the learned mm and the learned asj, i am not inclined to interfere with the orders dated 08.07.2011 and 08.11.2011 passed by the learned mm and learned asj ..... it was held that there has to be domestic relationship between the person aggrieved and the respondent to invoke the provisions of ..... our opinion a relationship in the nature of marriage under the 2005 act must also fulfil the above requirements, and in addition the parties must have lived together in a shared household as defined in section 2(s) of the act. ..... spending weekends together or a one night stand would not make it a domestic relationship.7. ..... d.velusamy, the supreme court held that merely spending weekends together or a one night stand would not make it a domestic relationship. ..... act) are that the respondent claimed to have married the petitioner on 04.01.1997 at the methodist church, idgah, delhi according to christian rites and .....
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..... been filed by the petitioners for quashing of complaint case no.27/dv/2015 filed by respondent no.2 against them under sections 12(1), 18, 20 and 22 of protection of women from domestic violence act, 2005 (hereinafter referred to as d.v.act ). ..... no specific order in the complaint case under d.v.act is under challenge on any specific ground, filing of the complaint case by respondent no.2 on specific allegations against the petitioners constituting domestic violence cannot be thrown away at this initial stage. ..... complaint case is not maintainable as the parties were living separate by mutual consent and there was no scope of perpetrating any domestic violence upon the complainant. ..... complaint case filed by her, prima facie, discloses ingredients of commission of offences under the d.v.act and the complaint case without giving opportunity to the parties to prove and establish their respective contentions cannot be ..... on 3.2.2015, respondent no.2 filed the instant petition under d.v.act against the petitioners after more than twenty four months of her leaving the matrimonial home without any complaint to any authority, ..... as and when any order under the act is passed by the trial court, of course, the petitioners would be at liberty to challenge it, if so ..... counsel for the petitioners urged that the allegations made in the complaint case under d.v.act are false. ..... 26.9.2014, the petitioner no.4 filed a divorce petition under section 27 (1) (b) (d) of special marriage act, 1954 at kolkota. .....
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..... /2015 page 2 of 21 no.2 in the subject property was sub judice before two separate forums and the subject suit was an offshoot of the matrimonial litigation between the respondents / defendants; iv) that a complaint under section 12 of the protection of women from domestic violence act, 2005 (dv act) filed by the respondent / defendant no.2 against the respondent / defendant no.1 and her in-laws was pending adjudication before the metropolitan magistrate; v) that there was already an injunction in favour of the respondent / defendant no.2 and against the ..... (3) the magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence. ..... (1) while disposing of an application under sub-section (1) of section12, the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order c.r.p. ..... relied upon by the counsel for the respondent / defendant no.2 are concerned, in ram saroop gupta supra, in the context of the ground of eviction under section 14(1)(e) of the delhi rent control act, it was held i) that though a company is a distinct legal entity separate from its shareholders, however the principle of piercing the veil of the corporate personality in order to reveal the true identity of the company is a recognized doctrine; ii) that the principle behind the doctrine .....
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..... against the petitioner for restitution of conjugal rights and the petitioner has filed a complaint against the son of the respondent under the protection of women from domestic violence act, 2005 (domestic violence act) and in which complaint the petitioner has also sought the relief of alternate accommodation; (iv) that in accordance with sections 3 and 27 of the senior citizens act, the jurisdiction of the civil court would have been barred and the respondent thus had no right to approach the civil court; (v) attention ..... is drawn to sections 18 and 19(f) of the domestic violence act to contend that the petitioner has right therein of claiming alternative residence; (vi) the petitioner herself has stated in the proceedings from which this petition arises that she feels unsafe living in the subject house; and, (vii) that the cm(m) no.1043/2016 and cont. ..... however, time till 15th november, 2017 is granted to the petitioner to vacate the premises on her own and / or to in the said interregnum approach the court under the domestic violence act for necessary relief. ..... of the petitioner has been taking false stands of working elsewhere when in fact he is working at the shop of the respondent; and, (iii) attention in this regard is also drawn to the evidence of the son of the respondent in the domestic violence act proceedings.9. .....
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..... against the petitioner for restitution of conjugal rights and the petitioner has filed a complaint against the son of the respondent under the protection of women from domestic violence act, 2005 (domestic violence act) and in which complaint the petitioner has also sought the relief of alternate accommodation; (iv) that in accordance with sections 3 and 27 of the senior citizens act, the jurisdiction of the civil court would have been barred and the respondent thus had no right to approach the civil court; (v) attention ..... is drawn to sections 18 and 19(f) of the domestic violence act to contend that the petitioner has right therein of claiming alternative residence; (vi) the petitioner herself has stated in the proceedings from which this petition arises that she feels unsafe living in the subject house; and, (vii) that the cm(m) no.1043/2016 and cont. ..... however, time till 15th november, 2017 is granted to the petitioner to vacate the premises on her own and / or to in the said interregnum approach the court under the domestic violence act for necessary relief. ..... of the petitioner has been taking false stands of working elsewhere when in fact he is working at the shop of the respondent; and, (iii) attention in this regard is also drawn to the evidence of the son of the respondent in the domestic violence act proceedings.9. .....
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..... again, the marriage ran into rough weather and this resulted in an estranged relationship and matrimonial dispute, eventually resulting in a petition (cc no.66/1/2014) being filed under section 12 of protection of women from domestic violence act, 2005 by the petitioner impleading the said husband pankaj gupta and crl. m.c. ..... 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 ..... but, then it is clear from the averment itself that what was allowed was only a permissive ..... it is clear from the averments of the petitioner herself, she has been permitted to use a portion of the property by the second ..... it is clear from the material on record to confirm that the first respondent, as the judgment debtor in the said decree, had challenged it by regular first appeal no.792/2002 before this court but the said appeal was dismissed ..... 17 (1) of the act, in our opinion 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 .....
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..... the petitioners are before the court of metropolitan magistrate as second and third respondents in the case (cc no.1321/1/2012) instituted by the first and second respondents herein invoking the provision contained in section 12 of protection of women from domestic violence act, 2005. ..... no.4352/2015 page 2 of 3 the claim of the respondents in the said case, inter alia, for compensation for the injuries suffered as a result of the alleged acts of domestic violence act cannot be brushed aside. ..... code of criminal procedure, 1973 (cr.p.c) to seek quashing of the above said proceedings on the grounds, inter alia, that they are senior citizens, the allegations against them in the case are small and bald, no case of domestic violence having been properly brought out, the intention being to cause harassment and to gain wrongful possession of their property. ..... no.4352/2015 page 1 of 3 constituting domestic violence , prayers having been made with reference to remedies available under sections 12, 18, 19, 20 and 22 of the said law. ..... respondent, he being the father of the second respondent and son of the first petitioner, was also shown in the array, allegations having been made against him, and the petitioners, of they having indulged in certain acts of commission and omission, the same crl. m.c. .....
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..... , 2014 (213) dlt611 and attention of this court was invited to para 43 of the said judgment, that a right of residence under the protection of women from domestic violence act, 2005 can also be claimed against the relatives of the husband, and that the respondent no.1/plaintiff being the brother-in-law of the appellant/defendant no.2, was a relative of the husband ..... circumstances her right to residence in the suit property cannot be denied, and as regards issues of title, we have already observed that the right of residence under the protection of women from domestic violence act, 2005, the same would have no bearing. ..... both the defendants in the suit, including the appellant who is the defendant no.2, sought permission to stay in one room on the first floor of the suit property from the respondent no.1/plaintiff, and accordingly, a temporary license was granted to the appellant/defendant no.2 and the respondent no.rfa no.107/2019 page 2 of 10 2/defendant no.1 to stay in the suit property and to shift as soon as an alternate arrangement of ..... mahajan (smt) and another, rfa no.107/2019 page 5 of 10 (2005) 11 scc279 that an admission can even be inferred from the facts and circumstances of the case i.e. ..... 2019 page 1 of 10 the suit that the respondent no.1/plaintiff was the owner of the property purchased in terms of a sale deed registered with the sub- registrar on 12.12.2015 and the owner is thus entitled to possession from the appellant/defendant no.2 who was a gratuitous licensee.2. .....
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..... in the proceedings initiated by the appellant-wife under the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act ). ..... proceedings being independent, both the orders will stand independently and, hence, husband will have to pay not only the maintenance awarded under the domestic violence act, which was of an interim nature and taking into consideration that maintenance only, the wife was awarded the maintenance under section 125 of cr.p.c ..... of the discussion would be that the respondent wife would be entitled to claim maintenance under section 20 of the domestic violence act, even though she is already getting maintenance under section 125 of the code of criminal procedure. ..... an aggrieved person can institute a petition under the domestic violence act, in addition to proceedings under section 125 of the ..... be held so in view of section 20(1)(d) of the domestic violence act, which clearly provides that, in proceedings under the d.v ..... is concerned, granting maintenance under domestic violence act is not a bar.24. ..... meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, .....
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