Court : Delhi
..... devika singh also filed a petition in the district court at saket, new delhi against the petitioner under the protection of women from domestic violence act, 2005; (v) that the respondent no.2 ms. ..... the expression 'appropriate authorities', in my opinion, refers to authorities entrusted with the protection of women's rights and implementation of laws or to resolve the issue in general arising from the complaint. ..... compensation is to be considered but i may notice: (a) that the respondent no.1 ncw, neither in its counter affidavit nor during the hearing nor in its written submissions, has referred to any of the provisions of the national commission for women act, 1990 (ncw act) under which the respondent no.1 ncw has been constituted and acting where under the impugned advisory was issued, which authorised/empowered it to issue the same. ..... unemployed; (vii) that though the petitioner represented to the respondent no.1 ncw to withdraw their advisory but to no avail; (viii) that finally the respondent no.1 ncw in response to information sought by the petitioner under the right to information act, 2005 (rti act) furnished to the petitioner the complaint made by the respondent no.2 ms. .....
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..... record statement made by the counsel for the respondent that she would withdraw the proceedings instituted at lucknow and if necessary institute proceedings under the protection of women from domestic violence act, 2005 in the court having territorial jurisdiction.22. ..... proceedings launched by the wife we find one having been instituted under the protection of women from domestic violence act, mat.app.(f.c. ..... the husband is aggrieved by the order dated june 02, 2014 deciding application filed under section 24 of the hindu marriage act, 1955 by the wife granting monthly maintenance in sum of `25,000/- to the wife and similar amount towards education and maintenance baby sohana born to the couple on ..... be that as it may, keeping in view the legal principles governing a decision under section 24 of the hindu marriage act, 1955 we are satisfied that the appellant is hiding his true income and keeping in view the luxurious life style in which he lives, evinced by the four luxury cars maintained by his family, we ..... classic case where one can safely say that the husband is not telling the truth regarding income generated from the business by the partnership firm, which is a family firm and he is a partner therein.17. ..... the object behind section 24 of the hindu marriage act, 1955 is to provide for maintenance, pendente-lite, to a spouse in matrimonial proceedings so that during the pendency of the proceedings the spouse can maintain herself/himself and also have sufficient funds to carry on .....
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..... 389/2019 in proceedings under the protection of women from domestic violence act, 2005 (hereinafter referred to as pwdv act), trial court vide order of 16th may, 2016 has held that petition filed by respondent- applicant under the aforesaid enactment is maintainable and it is within the limitation, while observing that the last incident of domestic violence crl.m.c. ..... upon hearing and on perusal of the impugned order, i find no error in the impugned order requiring interference of this court while invoking extraordinary inherent jurisdiction of this case under section 482 of cr.p.c as last incident of domestic violence is of september, 2012 and petition filed in december, 2012 is apparently within limitation. ..... 389/2019 page 1 of 2 is of 28th september, 2012 and petition under the pwdv act had been filed on 3rd december, 2012. .....
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..... petitioner impugns order dated 26.09.2018 whereby the appellate court set aside order dated 06.04.2018 and remanded the matter to the trial court to decide the application under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), afresh. ..... to 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) (d) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and the maintenance for the aggrieved person as well as her children, if any, including an order ..... talks only of maintenance, section 20 dv act stipulates payment of monetary relief to meet the expenses incurred and losses suffered as a result of the domestic violence including but not limited to loss of earning, medical expenses, loss caused due to destruction, damage or removal of any property from the control of aggrieved person. ..... per contra, learned counsel for the respondent submits that the respondent-wife suffered domestic violence and thus was entitled to monetary relief under the dv act. ..... 994/2018 page 8 of 10 application under section 23 of the dv act, the respondent wife has inter-alia sought residence rights under section 19 and protection under section 18 apart from the monetary relief under section 20.19. .....
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..... the petitioner further submitted that crl.m.c.no.4347/2019 page 2 of 7 he submitted a detailed affidavit in response to the application under section 23 of the protection of women from domestic violence act, 2005 wherein he had stated that his earnings were rs.19,260/- per month, which he receives as a salary from the north delhi municipal corporation, malaria department, new delhi and had submitted therein that he pays a sum of rs.5,000/- to his parents pursuant to an undertaking given ..... has further submitted that the respondent had filed the petition under section 12 of the protection of women from domestic violence act, 2005 against him in order to extort money and to harass him and had frivolously sought grant ..... no.426, block-k, jj colony shakarpur, delhi by his father, the observations of the learned trial court and the first appellate court that the appellant has some other source of income/ support from his parents other than his monthly emoluments cannot be disbelieved and that in the circumstances, the award of a sum of rs.10880/- per month to be paid towards maintenance to the crl.m.c.no.4347 ..... be rs.5880/- per month and taking into account the observations that have been made by the learned trial court and the learned appellate court that there are no withdrawals from the account of the appellant from april to december, 2016 and withdrawals, if any, have been only for a petty amount and that the amount withdrawn was only in lumpsum to contribute towards construction of .....
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..... the protection of women from domestic violence act, 2005 (dv act) and treated certain kinds of live-in relationships between man and woman at par with marriage. 17. ..... a fact of life today which the appropriate laws ought to take notice of and make a provision for but the parliament has already taken notice thereof in the law promulgated to deal with the growing menace of domestic violence i.e. ..... as one of the basic civil rights of man/woman; article 16 of the universal declaration of human rights, 1948 also provides that men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family; (iii) modern indian society through the dv act recognizes in reality, various other forms of familial relations, shedding the idea that such relationship can only be through some acceptable modes ..... i am of the view that just like a need was felt to extend the benefit of the dv act also to women in live-in relationships in the nature of marriage, there is a need to extend the benefit of the rule/guideline providing for extension of visa of foreigners married to an indian national to foreigners though not married but in a live-in relationship the nature of a .....
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..... order (oral) in proceedings under the protection of women from domestic violence act, 2005 (hereinafter referred to as pwdv act ), trial court vide order of 2nd march, 2017, has dismissed petitioner s application for striking off respondent s defence by observing that non-payment of maintenance/arrears of maintenance cannot be a ground to do so ..... 3052/2017 page 2 of 5 arrangement has not been made to operate during the pendency of the proceedings under the protection of women from domestic violence act, 2005. ..... during the course of hearing, it was put to respondent s counsel that the compliance of maintenance order can be made by directing his employer to deduct 50,000/- per month from respondent s salary and out of it 25,000/- can be adjusted towards current monthly amount of maintenance and remaining 25,000/- would be adjusted towards the arrears of maintenance. ..... the stand of respondent that he is paying maintenance from time to time as per his capacity cannot be appreciated, as the salary slip of respondent reveals that he is making substantial deduction towards epf and under other heads and that he is getting gross salary of about 1,00,000/- per ..... court vide impugned order of 14th july, 2017, has rightly observed that the defence can be struck down in proceedings under the aforesaid act, as counsel for respondent crl.m.c. ..... 50,000/- from the respondent s salary every month, and the arrears would be recovered over some period of time, in my view, it would not be appropriate the .....
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..... the argument is that the respondent has filed proceedings against the petitioner under the protection of women from domestic violence act, 2005, in which she has made statements contrary to those which were recorded at the time of dissolution ..... the respondent has thereafter filed proceedings under the protection of women from domestic violence act, 2005, wherein she has tendered an affidavit of evidence which, according to the petitioner, contains statements which are contrary to the statements recorded at the time of settlement and thus violate the undertaking given by the respondent ..... further submits that both the deponent and the respondent no.1 lived in tenanted premises and the respondent no.1 has been strolling the deponent from one tenanted premises to the other, without paying for its rent or making any provision for the deponent to survive. ..... paragraph 7 of the affidavit of evidence also, the respondent s statement that the parties live in tenanted premises and that the petitioner herein has been strolling the deponent from one tenanted premises to another is not ex facie contrary to the said undertaking. ..... the deponent had already fallen from grace and had no other choice but to cont.cas(c) 387/2018 page 3 of 6 follow the dictate of the respondent no.1 and his family members, with a solace in mind that ultimately she will have ..... in we the petitioners were married on 24.08.2011 under section 13 of the special marriage act, 1954 copy of marriage certificate is ex.p2osr). .....
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..... copy of the petition filed before the trial court under the protection of women from domestic violence act, 2005 records details of the property owned by the petitioner. ..... passed by the learned additional session judge dismissing the appeal filed by the petitioner and upholding the order dated 19th november, 2009 passed by the learned metropolitan magistrate granting interim maintenance under the protection of woman from domestic violence act, 2005. ..... the respondent however claims that the said apartment was purchased from her money. .....
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..... 12 of the protection of women from domestic violence act, 2005.5. ..... 12 of the domestic violence act were withdrawn.6 ..... am of the considered opinion that the matter deserves to be given a quietus, especially since the complainant is no longer interested in supporting the investigation in a matter arising largely out of domestic and matrimonial disputes; where the parties have decided to live together and continue with their marriage, and the complainant is no longer interested in supporting her case, thereby reducing the chances of success ..... 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 ..... additional public prosecutor appearing for the state submits that the matter is at the stage of investigation and since the matter pertains to a domestic and matrimonial dispute where the parties have settled the matter amicably and have decided to live together, no useful purpose would be served in continuing with the proceedings; particularly where the ..... aforesaid fir is stated to have been lodged by respondent no.2/complainant consequent upon certain matrimonial and domestic disputes that arose between the parties pursuant to her marriage with petitioner no.1-ahmad zia khan .....
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