Court : Delhi
..... as under section 12 of the protection of women from domestic violence act, 2005.5. ..... 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, thereby reducing the chances of success of the prosecution, if launched.9. ..... 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 ..... 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 complainant is no longer ..... 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-sumit kumar on 20th february .....
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..... regard, the appellant has pointed out that the respondent-wife has filed proceedings under the protection of women from domestic violence act, 2005. ..... that the respondent-wife has made exaggerated claims in as much as in her affidavit filed before the metropolitan magistrate in the domestic violence case, she had claimed that she was spending rs.25,000/- per month on groceries whereas in her petition before the family court under section 24 of the hindu marriage act, she has claimed that her grocery expenses were only rs.5,000/- per month. ..... further, in her affidavit filed before the metropolitan magistrate in the domestic violence case, she had claimed that her total expenditure was to the tune of rs.40,000-45,000/- per month whereas in her income affidavit filed before the family court in the section 24 application, ..... the orders passed by the learned family judge carefully protect all rights of the appellant so far as an unwarranted claim of maintenance is concerned for periods when the respondent may be ..... assailed the order dated 26th february, 2016 passed by the family court, rohini courts, north-west granting the application under section 24 of the hindu marriage act, 1955 filed by the respondent-wife seeking interim maintenance. ..... the application under section 24 of the hindu marriage act came to be filed on 27th october, 2014 inter alia on the allegations that the respondent-wife had no source of income and that the appellant-husband was giving tuitions and earning more than .....
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..... (d) of the protection of women from domestic violence act, 2005 and any other ..... later the respondent's father, mother and sister have kept all the jewellery and other gifts items with them which was given by the parents of the petitioner and threw her out from the matrimonial house in meerut, up, without any support and money and the petitioner having no source of income is residing at her paternal house and petitioner is unable to maintain herself whereas the respondent is ..... 37 petitioner's immigration application in canada, the petitioner informed the father of the respondent and other family members about her desire to return to meerut and they told her that they would pick her up from delhi on 25.06.2002 and her mother-in-law asked her to bring $500 along with her, which she told that the respondent had spent on lawyer in canada for her immigration.5. ..... the petitioner was granted rs.25,000/- as interim maintenance vide order dated 14.10.2004 from the date of filing of the petition till the further orders and the same was challenged by the respondent and the said order was modified by the learned asj, delhi on 25.04.2005 into rs.10,000/- per month as interim maintenance to the petitioner till further orders or till the disposal ..... 7 of 37 respondent was taken aback at such conduct of the petitioner as he hailed from a family where the women folk did not drink or smoke. ..... property, succession, guardianship and rights of the women except for reform initiated from the communities within. .....
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..... instituted proceedings against the petitioner and his parents by filing a petition (cc no.229/1/2010) in the court of metropolitan magistrate under section 12 of protection of women from domestic violence act, 2005 (for short, the dv act) seeking various reliefs including protection orders under section 18 and an order as to right to residence under section 19 besides other monetary reliefs. ..... case that the parties were married to each other on 14.10.2007 as per hindu rites and customs, the relations having turned sour which, as per the case of the respondent (wife), on account of domestic violence , the parties living separately. ..... of the petitioner, as also of his parents, in contest to the main petition under section 12 of dv act, that the residential flat mentioned above, is owned by his father (also a respondent before the metropolitan magistrate). ..... certain relevant documents to be summoned from certain quarters to sub-serve the interest of justice, the documents including loan application made by the husband in july, 2007 to axis bank, the account statements of the bank accounts of the husband and of his father and mother (respondents in the dv act petition) as maintained with seven specified ..... in the context of right to residence by the main petition under section 12 of the dv act, the respondent (wife) has prayed for direction to the petitioner (husband) to provide to her a three room set accommodation in south delhi for her unhampered and continuous use, it being prayed, .....
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..... addition, the complainant had also instituted proceedings under section 12 of the protection of women from domestic violence act, 2005, and under section 125 of the cr.p.c.5. ..... 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 307 ..... am of the considered opinion that the matter deserves to be given a quietus at this stage itself, since the parties have settled what was primarily domestic and matrimonial dispute on terms and have also divorced each other and the complainant is no longer interested in pursuing the investigation.11. ..... counsel for the state submits that looking to the overall circumstances, and since the matter has arisen primarily out of domestic and matrimonial differences and where the parties have settled their differences on terms and have also divorced each other, and where the complainant is no longer interested in pursuing the matter, no useful purpose would ..... it is stated that the aforesaid fir came to be lodged at the instance of the complainant as a result of certain domestic and matrimonial dispute that had arisen between the parties consequent upon her marriage to the first petitioner, zubair ahmad, on 26.04. .....
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..... addition, the complainant had also instituted proceedings under section 12 of the protection of women from domestic violence act, 2005, and under section 125 of the cr.p.c.5. ..... 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 307 ..... am of the considered opinion that the matter deserves to be given a quietus at this stage itself, since the parties have settled what was primarily domestic and matrimonial dispute on terms and have also divorced each other and the complainant is no longer interested in pursuing the investigation.11. ..... counsel for the state submits that looking to the overall circumstances, and since the matter has arisen primarily out of domestic and matrimonial differences and where the parties have settled their differences on terms and have also divorced each other, and where the complainant is no longer interested in pursuing the matter, no useful purpose would ..... it is stated that the aforesaid fir came to be lodged at the instance of the complainant as a result of certain domestic and matrimonial dispute that had arisen between the parties consequent upon her marriage to the first petitioner, zubair ahmad, on 26.04. .....
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..... 2 herein) under section 12 of protection of women from domestic violence act, 2005 (for short the act). 2. ..... this being the state of affairs, both levelling allegations of domestic violence against each other, it was not at all possible to determine in the present proceedings, all these allegations, all and counter allegations, all being ..... petitioner: (i) restraint order against the petitioner from selling, alienating or creating any third party interest in the assets mentioned in the complaint; (ii) restraint order against the petitioner from taking forcible possession of the car dl-3cy-9031 from her; (iii) restraint order against the petitioner from dispossessing her from the premises where she has been living over the last nine years; and (iv) protection order for their safety and security ..... the plea of the petitioner that the summary criminal proceedings could not be used as division or claim of properties of the husband, it is stated that as per section 26 of the act, any relief may be sought under sections 18 to 22 of the act in addition to any other relief that an aggrieved may seek before a civil or criminal court and thus, she was entitled to seek claim in the properties. 11. ..... with regard to her claim seeking protection from the petitioner, so long the couple continues to reside in the same premises, it is expected that they shall not give any cause of complaint to ..... under section 29 of the act, an appeal has been provided to the court of sessions from the orders of the .....
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..... above backdrop, the respondent wife filed a petition under section 12 of protection of women from domestic violence act, 2005 (d.v. ..... had some differences, the respondent (wife) accusing the petitioner (the husband) of certain acts of commission and omission statedly constituting cruelty and domestic violence. ..... respondent insists that the petitioner is still continuing to be in some private employment in mumbai referring to proof showing his presence in mumbai during the period 2016-17 on account of certain withdrawals from his bank account, she concedes that her income from the job of lecturer is now approximately rs.60,000/- per month.8. ..... also directed by order dated 23.01.2019 to disclose on affidavit details of their earnings from all sources and assets in the nature of bank accounts, investments etc. ..... the wife insists that he has income additionally from private employment but submits she does not have the resources to muster proof ..... the petitioner and the respondent have been gainfully employed, the petitioner having served indian army in the rank of lieutenant colonel from which post he took premature retirement w.e.f. ..... act) bearing c.c.no.2005/1/07 which was decided by the metropolitan magistrate by judgment ..... reduction of the income of petitioner husband, the order dated 26.07.2010 is temporarily and partially modified so as to reduce the liability to pay only amount of rs.10,000/- each in favour of two daughters, such modification taking effect from the current month (i.e. .....
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..... thereafter, the respondent no.2 taking advantage of the petitioner's absence, she filed a petition under section 12 of protection of women from domestic violence act, 2005 (the dv act ) as well as false complaint before the caw cell. ..... 707/2017 page 5 of 7 20.03.2015, the petitioner preferred appeal under section 29 of the dv act against the ex-parte order dated 20.03.2015 passed by the learned mm, south district, saket courts, new delhi in domestic violence petition no.91/1/12 titled as smt. ..... with the wish and consent of the respondent no.2 and after that on 06.01.2009, the respondent no.2 stated to the petitioner that she did not like the culture and atmosphere of assam stating that she hails from delhi and is an open minded girl and thereafter, she forced the petitioner to shift to delhi.3. ..... vide the present petition, the petitioner seeks direction thereby to set aside the impugned order dated 25.11.2016 passed by the special judge (pc act), (cbi-6) patiala house courts, new delhi in ca no.87titled as edwin murmu vs. ..... further case of the petitioner is that right from the inception of the marriage, the respondent no.2 has been completely non-adjusting and non cooperative and has never taken any interest in the household and daily crl.m.c ..... learned counsel further submits that the learned trial court without considering the facts and circumstances of the case, was pleased to dismiss the application under section 5 of the limitation act as well as the appeal filed by the petitioner.14. .....
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..... a complaint under section 12 of the protection of women from domestic violence act, 2005 against the petitioners. ..... 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 reducing the chances of ..... 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 ..... counsel for the state submits that looking to the overall circumstances, and since the matter pertains to a matrimonial and domestic dispute where the parties have settled the matter on terms, and the first petitioner and the complainant have obtained a divorce by mutual consent; and the complainant is no longer interested in supporting the prosecution ..... that the aforesaid fir came to be lodged at the instance of the complainant consequent upon certain matrimonial and domestic disputes that had arisen between the parties pursuant to her marriage with the first petitioner, sh. .....
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