Court : Delhi
..... attention of this court was also drawn to sub-rule (5) of rule 6 of the protection of women from domestic violence act, 2006 which mandates that application under section 12 of the protection of women from domestic violence act, 2005 shall be dealt with in the same manner as laid down in section 125 of the code ..... of hearing, attention of this court was drawn to various interim orders passed by different benches of this court whereby statutory appeal under section 29 of the protection of women from domestic violence act, 2005 have been directed to be heard upon deposit of 50% of the maintenance amount. ..... the provisions of maintenance under the protection of women from domestic violence act, 2005 and this special enactment has been brought to protect the women and children from neglect. ..... bound directions have been issued to the appellate court to hear the appeal under section 29 of the protection of women from domestic violence act, 2005 on merits without any pre-condition. ..... (oral) % impugned order of 18th december, 2012 entertained petitioner s appeal under section 29 of the protection of women from domestic violence act, 2005 subject to deposit of arrears of maintenance, as granted by the trial court while permitting petitioner to deduct the amount of `92,000/- from the amount due. ..... impugned order of 18th december, 2012 is on the ground that no pre- condition can be imposed for hearing a statutory appeal under section 29 of the protection of women from domestic violence act, 2005. .....
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..... the fact that none of the statutes which deal with the rights of a married woman in india, be it the hindu marriage act, 1955; the hindu succession act, 1956; the hindu adoption and maintenance act, 1956; the protection of women from domestic violence act, 2005 or the code criminal procedure, 1973 maintenance including residence for confer any right of the married woman as against the parents of the ..... also observed that the right of residence which a wife undoubtedly has does not mean her right to reside in a particular property although such a right in terms of section 17 of the protection of women from domestic violence act is a right to reside in a commensurate property.17. ..... domestic violence act, 2005 gives protection to the wife where 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 joint family of which the husband is a member within the meaning of section 2(s) of the said act ..... the mother-in-law and there also the defence taken by the daughter-in-law was that the said property was a joint family property and therefore she enjoyed a protection under section 17(1) of domestic violence act, 2005. ..... in an accommodation which belongs to mother-in-law or the father-in-law as such an accommodation does not satisfy the test of share household accommodation as envisaged under section 2(s) of the domestic violence act, 2005.26. .....
Tag this Judgment!Court : Delhi
..... aggrieved by the aforesaid order dated 27.04.2015 the petitioner filed an appeal under section 29 of the protection of women from domestic violence act, 2005, before the court of district & sessions judge, karkardooma courts, delhi.5. ..... it is an admitted fact coming on record that the main application under section 12 of the protection of women from domestic violence act, 2005 is pending before the trial court. ..... the learned metropolitan magistrate vide order dated 27.04.2015 disposed of the application filed by the respondent no.1 under section 23 of the protection of women from domestic violence act, 2005 directing the petitioner to pay an amount of rs. ..... the respondent no.1 also filed an application under section 23 of the protection of women from domestic violence act, 2005 seeking interim maintenance.3. ..... however, the order passed by the learned metropolitan magistrate is an interim maintenance and the determination of the main maintenance application under section 12 of the protection of women from domestic violence act, 2005 is yet to be decided. ..... thereafter, the marital discord between the petitioner and the respondent no.1, led the respondent no.1 to seek recourse of law by invoking provisions of section 12 of the protection of women from domestic violence act, 2005. .....
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..... subsequent to that event, the petitioner (wife) presented a complaint (cc no.178/6/14) in the court of the metropolitan magistrate invoking section 12 read with sections 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005 (for short, domestic violence act) seeking various reliefs. ..... the proceedings in the case of the petitioner against the respondent under section 12 of the protection of women from domestic violence act, 2005 are revived before the crl. m.c. ..... no.4705/2016 page 4 of 6 protection of women from domestic violence act, 2005 on the ground that the petitioner had ceased to be an aggrieved person and further on conclusion that the claim as put forth was barred by limitation . ..... submissions made by shri ranjit kumar on the issue of limitation, in view of the provisions of section 468 crpc, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... that section 468 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. .....
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..... however, under the protection of women from domestic violence act, 2005, aggrieved person and domestic relationship are defined as:-" section 2(a) aggrieved person means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; section 2(f) domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are ..... such son, daughter, daughter-in-law, son-in- law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under protection of women from domestic violence act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. ..... 378/2019 page 7 of 9 application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... the respondent preferred a complaint under section 12 of the prevention of women from domestic violence act against her husband and his family members including the petitioner alleging by husband and his family members including the petitioner on false and concocted facts. .....
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..... under section 19, 20 or 22 of the protection of women from domestic violence act, 2005 therefore could have been granted to the respondent ..... the appellant claims that the petition under section 12 of the protection of women from domestic violence act was filed by the respondent by way of afterthought and as counter-blast to the divorce petition ..... in support, he has referred section 28 of the act and rule 6(5) of the protection of women from domestic violence rules, 2006 (hereinafter referred to as the "rules") and has submitted that the procedure for disposal of an application under ..... dated 13th february, 2015, the appeal filed by the petitioner under section 29 of the protection of women domestic violence act, 2005 (hereinafter referred to as the act ), was partly allowed and the maintenance fixed by the trial court at rs.2,50,000/- per month was reduced to rs.50,000/- per month by the petitioner to the respondent from the date of filing of the petition under section 12 of the act as the appellate court felt that this amount would be sufficient, reasonable and appropriate in view ..... the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate; (f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence; (g) committing any other act as specified in the protection order. .....
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..... the magistrate (hereafter called trial court) issued notice to the petitioner on a complaint under section 12 of the protection of women from domestic violence act, 2005 (in short d.v. ..... this judgment answers a reference to this division bench, requiring resolution of a conflict between the decision of two learned single judges of this court on the question whether a magistrate can act straightaway on a complaint made by an aggrieved person, under the protection of woman from domestic violence act, 2005 (hereafter the act). ..... reference was also made to rules 4, 5, 6, 8 and 9 of the protection of women from domestic violence rules, 2006 (in short the rules). 5. ..... the protection orders, which the magistrate may pass under section 18 of the act, is only on being prima facie satisfied that the domestic violence has taken place or is likely to take place. ..... if the magistrate were to be constrained from issuing orders, that are plainly permissible under the act, on the basis of prima facie appreciation of evidence, the remedy would be defeated, and the victim would be subjected to further domestic violence either in the form of deprivation of a home, or subjected to physical cruelty, or even deprived economic benefits, which rightfully belong to her, as per definition of domestic violence. .....
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..... daughter-in-law, impugning order dated 02.04.2016 of the metropolitan magistrate the magistrate did not direct registration of an fir against the mother-in- law and further direction is sought for initiating proceedings under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act) for violating the protection order of residence.3. ..... it is contended that since there was no order restraining the mother-in-law from selling or alienating the subject property, the sale of the property by way of a registered sale deed to a third party does not amount to violation of the residence order attracting the penal consequences stipulated under section 31 of the protection of women from domestic violence act, 2005. ..... without getting into the controversy, one may examine the rights that are granted by section 19 of the protection of women from domestic violence act, 2005.38. ..... mother-in-law filed an application under section 25 of the domestic violence act, seeking modification of the protection order dated 07.11.2012. .....
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..... . rajesh dinanath tiwari in writ petition no.10696/2017, it being apparent through the pleadings on the record that the premises in suit do not fall within the category of a shared household in terms of section 2 (s) of the protection of women from domestic violence act, 2005, the substantial questions of law sought to be urged by the appellant as referred to in para 18 hereinabove do not arise for consideration in the instant case in as much as the rights of the appellant and her daughter to ..... . inter alia the appellant submitted that there were proceedings under the protection of women from domestic violence act, 2005 bearing no.289/3/2014 that were pending and that the proceedings in the civil suit and the appeal in relation thereto ..... that is sought to be urged is to the effect that the premises in suit fall within the category of a shared household in terms of section 2 (s) of the protection of women from domestic violence act, 2005 and seeks to submit that the suit premises being her matrimonial home in which she lives and has lived in a matrimonial relationship with her husband, the respondent no.1, falls within the category of her shared household from which she cannot be dispossessed.10 ..... respondent no.2 herein is entitled to live in accommodation commensurate to that in which she lives presently with her child for which she may avail of appropriate civil legal remedy in relation thereto or under the protection of women from domestic violence act, 2005 for which there is no embargo .....
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..... daughter-in-law, impugning order dated 02.04.2016 of the metropolitan magistrate the magistrate did not direct registration of an fir against the mother-in- law and further direction is sought for initiating proceedings under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act) for violating the protection order of residence.3. ..... it is contended that since there was no order restraining the mother-in-law from selling or alienating the subject property, the sale of the property by way of a registered sale deed to a third party does not amount to violation of the residence order attracting the penal consequences stipulated under section 31 of the protection of women from domestic violence act, 2005. ..... without getting into the controversy, one may examine the rights that are granted by section 19 of the protection of women from domestic violence act, 2005.38. ..... mother-in-law filed an application under section 25 of the domestic violence act, seeking modification of the protection order dated 07.11.2012. .....
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