Court : Delhi
..... that you, feeling aggrieved with the professional obligations and duties discharged by my aforesaid client towards his abovesaid five clients, implicate him as a co-accused at serial no.7 in the complaint filed by you under section 12 of protection of women from domestic violence act, 2005 for the grant of relief under section 18, 19 (i) (f), 20 and 22 of the said act, with malafide intentions and ulterior motives to cause harassment and tarnish the image of my client at the bar and in the society. ..... you have intentionally and deliberately dragged my client in the aforesaid complaint without any basis under the protection of women from domestic violence act, 2005 which is now pending in the court of ms. ..... about the correctness of the decision rendered by the family court granting divorce to the respondent/husband on the ground of cruelty, we will be examining only the following four incidents: (i) filing criminal case in january, 2007 under domestic violence act after about two years and nine months of leaving the matrimonial home in april, 2004 implicating her jethani hemlata and sh.kehar singh, advocate, who represented her husband in bail matter by making false allegations. ..... unfortunately the counsel who applied and obtained anticipatory bail for the respondent/husband and his family from the court of law, was also in a soup when in a complaint under domestic violence act, he was impleaded as respondent no.7 though he was in no way in domestic relationship with the appellant. 6. .....
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..... , due to the intervention of the families of the parties and for the welfare of the two children of the parties the plaintiff decided to agree to the same and agreed to withdraw her complaint under section 12 of the protection of women from domestic violence act, 2005 cs no. ..... , as per the admitted facts, plaintiff has no legal right to claim rights in terms of the reliefs sought for in the suit by way of an original claim of maintenance under the provisions of the hindu adoptions and maintenance act and protection of woman from domestic violence act, 2005 and the right of the plaintiff/wife as per the law will only be for enforcing the rights under the mou dated 27.7.2007 along-with the further additional and consequential rights including ..... firstly, it is argued that once the defendant is guilty of breaching the terms of the mou including by failing to pay the education expenses of the children, throwing out the plaintiff from the matrimonial home as also not paying the lic policy maturity amount etc, hence the plaintiff is entitled to sue afresh for maintenance as per the provisions of the hindu adoptions and maintenance act and protection of woman from domestic violence act, 2005. ..... a reading of the plaint shows that after marriage between the parties there were disputes and ultimately the plaintiff filed a complaint under section 12 of the protection of woman from domestic violence act, 2005 in the competent court. .....
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..... on 06.05.2011, the respondent no.1 filed an application under section 12 of the protection of women from domestic violence act, 2005 bearing complaint case no.1003/1/2011 for maintenance for herself and her minor child/respondent no.2 before the court of the learned metropolitan magistrate, dwarka courts, ..... 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. ..... 117/2015 page 2 of 9 of protection of women from domestic violence act, 2005 and then decide the interim relief to be awarded to the respondents ..... the order dated 03.06.2014 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. ..... other hand, the learned counsel for the respondents has submitted that the impugned maintenance awarded is under section 23 of the protection of women from domestic violence act, 2005. ..... the learned counsel for the respondents has submitted that the revisionist is doing medical practice apart from rental income and earning huge amounts through investments and the revisionist has himself admitted earning an amount ..... court is directed to dispose of the application under section 12 of dv act filed by the respondent-wife as soon as possible and preferably within a period of six months from the date of this judgment.24. .....
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..... rahul bhargava seeks quashing of the complaint filed by respondent no.2 (divya sharma) cc no.46/1/2016 under section 12 read with sections 17, 18, 19, 20, 22 & 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act ). ..... protection of women from domestic violence act had been promulgated in the year 2005. ..... the argument of the petitioner is bordered on his submission that the court below did not have the territorial jurisdiction to entertain the complaint case under the dv act as even as per the complainant all acts/incidents of alleged domestic violence were committed outside the territorial jurisdiction of delhi; not being within the precincts of national capital territory of delhi, the cognizance taken on that complaint is bad; it is liable to be set ..... aggrieved person which in this case was the complainant and being a resident of delhi where the incidents/acts of domestic violence (noted supra) had occurred were within the territorial jurisdiction of delhi. ..... as per its statement of objects and reasons since the phenomenon of domestic violence had become widely prevalent, this act had been introduced in addition to the penal provisions contained in section 498-a of the ipc; this was to enable the civil law to address this phenomenon in its ..... it is pointed out that the averments in the complaint disclose the incidents of domestic violence which had erupted in delhi; so also the cruelties (as defined under section 498-a of the ipc) have .....
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..... judgment dated 3rd november 2009 passed by learned additional sessions judge, delhi dismissing the revision petition of the petitioner against an order passed by learned magistrate taking cognizance of a complaint under section 12 of the protection of women from domestic violence act, 2005 (in short, "the act").2. ..... jurisdiction by the magistrate in such cases would be contrary to the act as the act envisages help from police of the local area where domestic violence had taken place and it envisages visit by the protection officer to the share household and to the place of incident. ..... that a magistrate, after hearing the aggrieved person and the respondent, on being prima facie satisfied about domestic violence having taken place, may pass a protection order in favour of the aggrieved person and prohibit the respondent from committing certain acts as given in this section. ..... from different provisions of this act, it is apparent that the scheme of the act provides that protection officer, service provider and police to help the aggrieved person in not only approaching the court for redressal but to ensure that the domestic violence is not further perpetuated and an aggrieved person gets shelter either in the shelter home or after the residence order in ..... also find it difficult to serve respondent if she moves far away from the place of domestic violence and the magistrate may find it difficult to ask the protection officer and other service providers of far off places to help.9. .....
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..... the petitioner, against order dated 28.04.2011, filed an appeal under section 29 of the protection of women from domestic violence act, 2005 before ld. ..... therefore, it is by virtue of protection of women against domestic violence act, which interalia seeks to provide as under :- (s) " 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 ..... petitioner herein did not entered in anybodys property, but it was the house of her husband and entered with the help of protection officer under the protection of domestic violence act. ..... the petitioner was compelled and constrained to approach trial court with complaint filed under section 12 of the domestic violence act, seeking interim measures and interim relief in accordance with provisions of the said act and in the facts and circumstances of the case, the trial court vide interim order dated 10.09.2010 directed the ..... aggrieved person means any women who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of violence by the respondent. ..... act has been enacted to provide for more effective protection of the right of women guaranteed under the constitution who are victim of the violence of any .....
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..... 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. ..... 1615/2015 page 2 of 6 protection of women from domestic violence act, 2005 before the court of district and sessions judge, south east district, saket courts, new delhi and the learned asj vide impugned order dated 09.01.2015 dismissed the ..... interim maintenance order passed by the learned metropolitan magistrate (mahila court), sed/saket, new delhi vide order dated 24.07.2014 under section 12 read with sections 17(1), (2), 18, 19, (a), (c), (d), (e), (f), 20 (1b), (3) and 23 of the protection of women from domestic violence act, 2005 crl.m.c. ..... june 2013 the respondent filed a petition under section 12 of the protection of women from domestic violence act (hereinafter referred as pwdv act) alleging therein domestic violence and economic violence against the petitioner before the court of chief metropolitan magistrate, saket, ..... the impugned order dated 09.01.2015 passed by the learned adj against the petitioner and in favour of the respondent has been rightly passed and does not suffer from any illegality or infirmity and the appeal has rightly been dismissed by the learned sessions court. ..... however, this judgment shall not affect the merits of the case, application under section 12 of dv act pending between the parties as the determination of the maintenance amount will be done by the trial court after considering the evidence on record .....
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..... on the petition (cc no.1544/3/2013) presented by the complainant under section 12 of protection of women from domestic violence act, 2005 (for short, the domestic violence act), proceedings have been initiated against the petitioner in the court of metropolitan magistrate with prayer for various reliefs in the nature of protection order (under section 18), residence order (under section 19), monetary reliefs (under section 20), custody order (under section21) and ..... the relationship between the parties not being in the nature of domestic relationship within the meaning of expression used in section 2(f) domestic violence act, the petition before the court of magistrate cannot be maintained, the proceedings arising therefrom against ..... going by her own averments in the petition under domestic violence act, she was, at the relevant point of time, thirty two years old dynamic woman and successful marketing and communications professional employed with ..... 2010) 10 scc469to argue that the petition under the domestic violence act could not be maintained against him by the crl ..... as per the case set out in the domestic violence act petition, the relationship between the parties soured, for some time, the petitioner having tendered profuse apologies to her and she eventually having calmed down and accepted the position ..... no doubt the view we are taking would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for this court to legislate .....
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..... 2010 both the parties filled cross appeals under section 29 of the protection of women from domestic violence act, 2005 in the court of the district & sessions judge, (west) ..... is directed to pass an appropriate order on merits on the application filed by the wife-anita arora and the daughter-kirti arora under section 12 of the protection of women from domestic violence act, 2005 dated 05.03.2010 within a period of six months from the date of passing of this judgment. ..... thereafter a complaint case under section 12 of the protection of women from domestic violence act, 2005 was filed on 05.03.2010 by the wife-anita arora and the daughter-kirti arora in the court of chief metropolitan magistrate, delhi against the husband-avinash chandra arora wherein the ..... of the protection of women from domestic violence act, 2005 being c.c. ..... mention here that the husband-avinash chandra arora did not prefer to file the reply to the said application under section 23 of dv act and therefore, the learned metropolitan magistrate after perusal of the material placed on record vide order dated 25.08.2014 declined the relief of ..... in the mean while the wife-anita arora moved an application under section 23 of dv act for interim maintenance on 25.07.2012 and the same was disposed of vide order dated 24.01.2013 stating therein that the pleadings have already been completed and six witnesses ..... towards the wife-anita arora from the date of filing of the interim maintenance application under section 23 of dv act, i.e. .....
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..... 2010 both the parties filled cross appeals under section 29 of the protection of women from domestic violence act, 2005 in the court of the district & sessions judge, (west) ..... is directed to pass an appropriate order on merits on the application filed by the wife-anita arora and the daughter-kirti arora under section 12 of the protection of women from domestic violence act, 2005 dated 05.03.2010 within a period of six months from the date of passing of this judgment. ..... thereafter a complaint case under section 12 of the protection of women from domestic violence act, 2005 was filed on 05.03.2010 by the wife-anita arora and the daughter-kirti arora in the court of chief metropolitan magistrate, delhi against the husband-avinash chandra arora wherein the ..... of the protection of women from domestic violence act, 2005 being c.c. ..... mention here that the husband-avinash chandra arora did not prefer to file the reply to the said application under section 23 of dv act and therefore, the learned metropolitan magistrate after perusal of the material placed on record vide order dated 25.08.2014 declined the relief of ..... in the mean while the wife-anita arora moved an application under section 23 of dv act for interim maintenance on 25.07.2012 and the same was disposed of vide order dated 24.01.2013 stating therein that the pleadings have already been completed and six witnesses ..... towards the wife-anita arora from the date of filing of the interim maintenance application under section 23 of dv act, i.e. .....
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