Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: delhi Page 2 of about 450 results (0.169 seconds)

Master Anant Narayan Rai and anr. Vs. Mr. Siddharth Rai and anr.

Court : Delhi

..... the plaintiffs under sections 18, 20 and 23 of the protection of women from domestic violence act, 2005 read with section 151 cpc seeking to direct the defendant no ..... 20 and 23 of protection of women from domestic violence act, 2005 and ia no. ..... she laid emphasis on well settled law that the wife under protection of women from domestic violence act not only requires to be maintained but also requires a ..... the domestic violence act, 2005 can ..... section 20 of the domestic violence act empowers the court to pass an order for grant of monetary relief to the aggrieved party, which may file civil and criminal cases by combining reliefs, to be paid by the defendant ..... jata shankar (fb) : air 1969 allahabad 526 that when the principal relief in the suit relates to hindu law of succession and not delhi land reforms act, the suit could be taken cognizance of by the civil court and the ancillary reliefs which could be granted by the revenue court may also be ..... for non joinder of parties as the hindu succession (amending act) of 2005 is not applicable with retrospective effect. ..... the amending act of 2005 of hindu succession act is not ..... the various provisions of the said act, this court is of the view that there is nothing bars this court from allowing the nature of prayer made ..... 1, his relatives, servants, agents and/or anyone else acting on his behalf from selling, transferring, alienating, mortgaging and/or creating third party rights and/or parting with possession of the properties detailed in schedule .....

Shri Vidyanidhi Dalmia Vs. Smt. Nilanjana Dalmia

Court : Delhi

Reported in : 150(2008)DLT19; I(2008)DMC848; 2008(102)DRJ611

..... the protection of women from domestic violence act, 2005 ('the domestic violence act') by section 17 enacts the right of a woman, to reside in a shared ..... to the rights asserted by the plaintiff, this recent enactment has clothed only wives and women in domestic relationships the right to remedies of the kind sought here; domestic violence has, in this context, been defined expansively to comprehend physical violence, verbal abuse, economic deprivation and so on.29. ..... the suit for restitution of conjugal rights is a matrimonial suit, cognisable in the divorce court, which is brought whenever either the husband or the wife lives separate from the other without any sufficient reason, in which case the court will decree restitution of conjugal rights (matrimonial causes act, 1950, section 15), but will not enforce it by attachment, substituting however for attachment, if the wife be the petitioner, an order for periodical payments by the husband ..... can be viewed in the light of law commission - seventy-first report on the hindu marriage act, 1955 - 'irretrievable breakdown of marriage as a ground of divorce', para 6.5 where it is stated thus:moreover, the essence of marriage is a sharing of common life, a sharing of all the happiness that life has to offer and all the misery that has to be faced in life, an experience of the joy that comes from enjoying, in common, things of the matter and of the spirit and ..... soured and parties sought relief under the domestic partners property act, 1996. .....

Master Ryan Thru Its Mother Mrs. Ridhima Juneja Vs. P.N. Juneja and So ...

Court : Delhi

Reported in : 163(2009)DLT14

..... filed a complaint under the protection of women from domestic violence act, 2005 (the 2005 act) before the ld. ..... the appellate court concurred with the trial court's findings about instances of domestic violence:keeping in view all these facts i fully agree with the opinion of the ..... trial court that there are instances of domestic violence and therefore, the respondent is entitled for a compensation of ..... court next considers whether the plaintiffs, in the overall circumstances of the case, would be equitably entitled to continue in the premises, in view of the materials on record, particularly the undisturbed findings regarding domestic violence against ridhima. ..... is stated that allegedly on 31.08.2007, deven had also made a query under the right to information act, 2005 and even there he had quoted the address of the premises. ..... has also received copy of summons dated, 02.01.2008, 13.08.2007 and 03.09.2007 sent to ridhima from the delhi legal services authority, pursuant to his application for legal aid/ advice, at the premises ..... 12605/2007, the plaintiffs sought interim orders to injunct the defendants from dispossessing them (plaintiffs) from ridhima's matrimonial home, of which they claim to be in constructive possession since allegedly all their clothes, ridhima's stridhan, dowry articles, personal belongings, car, ..... 50,000/-from the appellant under section 20 and 22 of the act.the matter was remitted, after which the magistrate again denied the order enabling her to enter the .....

Surender Pathak Vs. Maya Devi

Court : Delhi

..... counsel states that if on mere assertions by women, men have to be summoned to face trial pertaining to the law of domestic violence, it would create a chaos and thus would urge that some prima facie proof in support of marriage needs to be filed when a complaint under the protection of women from domestic violence act 2005 is filed. 4. ..... in the complaint filed under section 12 of the protection of women from domestic violence act 2005, the respondent has alleged against the petitioner that after her late husband sh.harpal singh died, she and the petitioner got married on 28.1.1992 and since then had lived as husband and wife ..... highlighting that the daughter in question is the one born to the respondent from her previous husband, i conclude by holding that the respondent has prima facie shown evidence that the petitioner and she were having a relationship as husband and wife. ..... now, if a wife is thrown out lock, stock and barrel from her matrimonial house, it may happen that proof of her marriage would lie in the house and till she has access thereto, she may not be able to furnish prima facie proof of the same, but ..... with the counter affidavit filed, the respondent has filed photographs which she has obviously obtained from her daughter who got married on 26.11.2007. ..... shows the crying daughter placing her head on the shoulder of the petitioner akin to what we normally see when the girl leaves from the house after marriage. 8. ..... how many women in india possess such kind of documents .....

Sarbjyot Kaur Saluja and ors. Vs. Rajender Singh Saluja

Court : Delhi

Reported in : 148(2008)DLT650

..... the plaintiff consequently also seeks to amend the title of the plaint so as to incorporate the provisions of 'the protection of women from domestic violence act, 2005' which has been invoked on 17th october, 2006 as the court is competent to exercise its power conferred under sections 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005.5. ..... they also want to include the prayer regarding claim of maintenance of rs.1.5 lakhs from the defendants which was left inadvertently by them though various paras show that the plaintiffs have pleaded material facts seeking claim of maintenance from the defendant no. 1.15. ..... the learned counsel for the defendants have also relied on section 23 of the hindu adoption and maintenance act, 1956 to contend that the amount of maintenance to be awarded to a wife, children is to be based on various factors which are detailed in para 23(2) and (3) of the said act. ..... 6240/2005 pleads the facts regarding the plaintiffs being indigent persons along with the schedule of properties of the plaintiffs which has been duly verified. ..... 6240/2005 seeking permission to sue as an indigent person. ..... the plaintiffs/applicants contend that they have filed a suit for permanent injunction and maintenance against the defendants under sections 18, 20 and 23 of hindu adoption and maintenance act.3. .....

Kavita Gambhir Vs. Hari Chand Gambhir and anr.

Court : Delhi

Reported in : 162(2009)DLT459

..... provisions of the protection of women from domestic violence act, 2005 could not be invoked in the present proceedings since no such case was pleaded by the appellant in her written statement and nor could she have done that since at the time she had filed her written statement this act had not even ..... that the appellant's occupation of the property in her possession was protected even under the protection of women from domestic violence act, 2005. 9. ..... be done only if there was necessary foundation laid in the written statement by alleging facts therein which, according to her, entitled her to get some benefit available under the said act of 2005 but she's did not lay any foundation in her written statement by seeking necessary amendment in the written statement and so she cannot be allowed to make any submissions based on the provisions of ..... the period prior to the institution of the suit or directing an inquiry as to such rent; (ba) for the mesne profits or directing an inquiry as to such mesne profits; (c) directing an inquiry as to rent or mesne profits from the institution of the suit until, - (i) the delivery of possession to the decree-holder, (ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the court, or (iii) the expiration of ..... wife cannot claim any right of occupation in the property owned by her in-laws as a 'shared household' as defined in section 2(s) of this act of 2005 entitling her to live there as a matter of right. 10. .....

Anupam Sharma Vs. Nct of Delhi and anr.

Court : Delhi

Reported in : 146(2008)DLT497

..... also initiated under the protection of women from domestic violence (act) 2005. ..... complainant was misled into compromise, oblivious of the fact that her compromise encompassed the quashing of an offence of cheating, no doubt, non-disclosure of the status a party at the pre-marriage stage would be an act of deception for the reason whether a party is a divorcee or not is a material fact but the question would arise in the instant case, whether any such deception existed.74. ..... in para 7 of the decision in biman chatterjee's case (supra) their lordships have observed:here we hasten to observe first of all from the material on record, we do not find that there was any compromise arrived at between the parties at all, hence, question of fulfilling the terms of such compromise does ..... with the plethora of laws operating in the filed of domestic disputes, courts have been choked by multiplicity of proceedings arising out of a ..... she pleaded as under:the submission of the respondent is false and baseless as is evident from the orders enclosed with the application of the respondent that the compromise of the petitioner with the respondent was for quashing fir under section 406/498a/34 ipc and for ..... anu gautam informed the acp, crime against women cell, kirti nagar that her statement in court on 25.1.2003 was not voluntary and that she ..... from the said 3 proceedings which are penal in nature, a divorce proceeding is initiated in which application under section 24 of the hindu marriage act springs .....

Smt. Abha Arora Vs. Angela Sharma and anr.

Court : Delhi

Reported in : 148(2008)DLT506; I(2008)DMC507; 2007(96)DRJ221

..... 1 had forcibly entered the house and occupied one room therein and thereafter filed a suit seeking an injunction against the plaintiff claiming protection of her right to residence in the matrimonial home under inter alias the protection of women from domestic violence act, 2005 (for short the 'pwdv act'). ..... under the pwdv act, in case of a finding of domestic violence, a residence order can be passed inter alia, restraining the respondent from alienating or disposing of the shared household or securing the same level of alternative accommodation enjoyed by the aggrieved person in a shared ..... in this behalf, learned senior counsel referred to the provisions of section 18 of the hindu adoption and maintenance act, 1956 to contend that the said provision entitles a wife to live separately from her husband without forfeiting her claim to maintenance where he treats her with cruelty as to cause reasonable apprehension of it being harmful or injurious to live with ..... submitted that the withdrawal is liable to be opposed on the principle of lis pendens under section 52 of the transfer of property act, 1882 as the withdrawal sought is intended to circumvent the jurisdiction of the court and to remove the subject matter of litigation from the ambit of the courts power and frustrate its decree. ..... respondent in that case relied upon the provisions of the pwdv act to contend that in view of the provisions of that act, the respondent cannot be disposed from the second floor of the property. .....

Sonia Mann Vs. State and anr.

Court : Delhi

Reported in : 160(2009)DLT385

..... sonia mann filed a complaint under the protection of women from domestic violence act, 2005 ('pwdva') which was numbered as cc no. ..... 1 still feels duty bound to protect the petitioner/application from anybody else subject to his limits. ..... ' it was added that gaurav mann 'is duty bound to protect and to provide a good environment to the child for her proper upbringing and to the petitioner/application being the mother of the child. ..... in the reply of the remaining respondents it was stated that they were 40 to 60 km, away from the place where sonia mann was living and therefore they were not concerned in any way with the disputes concerning sonia mann, her husband and her in-laws.12. ..... she prayed for the passing of a protection order under section 18, a residence order under section 19, monetary relief under section 20 and compensation for damages under section 22 of the pwdva. ..... the respondents have admitted her claim to the shared household and therefore, the respondents are restrained from obstructing the entry or exit of the petitioner from the portion of the shared household wherein she resides. ..... therefore there was no justification in restraining gaurav mann, ishwar singh and barfo rani and the other respondents in the complaint case from alienating or disposing of the remaining portion of the property in question. ..... it is made clear that within a period of three weeks from today and in any event not later than 15th june 2009 the aforementioned portion will be clearly demarcated. .....

Neetu Mittal Vs. Kanta Mittal and ors.

Court : Delhi

Reported in : AIR2009Delhi72; 152(2008)DLT691; 2008(106)DRJ623

..... she referred to protection of women from domestic violence act, 2005 and argued that the right of women to live in the shared household was to be protected by every court and the house of in-laws was a shared household and a matrimonial home and she had a right to live there.7. in ..... is because of love, affection, mutual trust, respect and support that members of a joint family gain from each other that the parents keep supporting their sons and families of sons. ..... these circumstances, the learned senior civil judge allowed the application under order 39 rule 1 and 2 cpc and restrained the defendants (petitioner herein) from forcibly entering into their house and disturbing the peaceful possession of the respondents.6. ..... they had shown by filing medical record that they were suffering from various ailments and at this age of their life they have a right to live peacefully at their ..... there is no such law in india, like the british matrimonial homes act, 1967 and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law or mother ..... is aggrieved by an order dated 4th january, 2006 passed by the learned additional senior judge allowing an appeal of the respondent against order dated 24.5.2005 of civil judge dismissing an application under order 39 rule 1 & 2 cpc.2. ..... consider that the order passed by the learned senior civil jude granting injunction does not suffer from any illegality and the petition is hereby dismissed. .....