Court : Delhi
..... for the respondent coram:-"hon ble mr justice ashutosh kumar ashutosh kumar, j judgment1 the petitioner/wife had filed a complaint before the metropolitan magistrate, mahila court-01, central, delhi under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as act ) which was registered as cc no.291/6/08 seeking protection order under section 18; residence order under section 19; monetary relief under section 20 and compensation order under section 22 of the act.2. ..... section 2(a) of the protection of woman from domestic violence act, 2005 defines aggrieved person as follows:-" 2. ..... the provisions of the act are for the benefit of persons in distress as well as for vindication of the rights of the aggrieved person which is guaranteed under articles 14, 15 & 21 of the constitution of india and for providing civil remedies for the purposes of protecting women from being victims of domestic violence and to prevent the occurrence of such domestic violence in society.10. ..... from the aforesaid definition, it is very clear that apart from the woman who is in a domestic relationship with the respondent, a woman who has been in domestic relation, if is subjected to domestic violence, would also come under the category of aggrieved person .12. ..... the incidences of domestic violence have been enumerated in section 3 of the act which defines domestic violence and it includes physical, verbal, emotional and economic abuse. .....
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..... petition (cc no.12/1/13) in the court of the metropolitan magistrate invoking its jurisdiction under section 12 of the protection of women from domestic violence act, 2005 impleading the petitioner herein as the first respondent, this in addition to various other persons, they including his brothers, their wives, sister and her husband, making allegations of they having subjected her to a series of incidents constituting domestic violence within the meaning of the expression used in the said law, she seeking reliefs, inter alia, in ..... are claimed by the second respondent through the petition under section 12 of the protection of women from domestic violence act, 2005 arise out of a continuing cause of action. ..... the metropolitan magistrate by an application seeking modification of the impugned order dated 08.12.2015, on the ground that material facts had been concealed and that the petition under domestic violence act had suffered from laches but the said application was dismissed.3. ..... , not the least on mere averments of the petitioner, that the claim of the second respondent about domestic violence is wholly unfounded. ..... 3 of 4 facie constituting it to be a case of domestic violence. ..... the metropolitan magistrate, by order dated 08.12.2015, took cognizance on the said petitions, also perusing the domestic incident report (dir) and, thereafter, directed the petitioner to be called, issuing process against him for appearance calling upon him to respond including by filing an affidavit as .....
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..... the above-said application was resisted by the respondent who, in the meanwhile, had chosen to withdraw the petition under section 12 of the protection of women from domestic violence act, 2005 with the submission that she had reconciled with her husband and was living happily in her matrimonial home .3. ..... the respondent is described as a person married to a senior serving officer of indian police service (ips), she having had reasons to institute proceedings against her husband by a petition (complaint case no.15783/2014) under section 12 of protection of women from domestic violence act, 2005 to seek certain reliefs. ..... no.286/2019 page 2 of 3 under protection of women from domestic violence act. ..... in which it had been brought, this court finds no reason why the petitioner should be allowed a role larger than that of an informant so as to be permitted to pursue it further in the context of proceedings under the special law meant for protection of women against domestic violence. ..... terming the aforesaid affidavit dated 24.01.2015 to be an act in the nature of perjury, he had intervened in the proceedings in the criminal complaint case of the respondent against her husband by moving an application seeking initiation of inquiry under section 340 of the code of criminal procedure, 1973 (cr. pc). .....
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..... was it a joint family property of which the husband of the appellant herein was a member nor was it an ancestral property and thus, did not fall within the ambit of section 2(s) of the protection of women from domestic violence act, 2005. ..... by the appellant that the premises j-1/c, laxmi nagar, near jagat ram park, delhi-110092 was a shared household of the appellant in terms of section 2(s) of the protection of women from the domestic violence act, 2005, it is essential to observe that section 2(s) of the said enactment provides as follows:-" 2. ..... does not fall within the ambit of section 2(s) of the protection of women from the domestic violence act, 2005.20. ..... wherein it was held to the effect:-" in view of the above legal position, the contention of defendant no.2 regarding her rights under the protection of woman from domestic violence act cannot be accepted, her reliance on sectiori-17 of the said act, to claim a right to reside in the suit property is misconceived inasmuch as admittedly her husband has no rights whatsoever in the suit ..... as a "shared household" as define under sect-ion 2(s) of the domestic violence act. ..... laxmi nagar, near jagat ram park, delhi- 110092 formed her matrimonial home and a shared household, in which she had a legal right to reside and that she could not be dispossessed from the same by her father-in-law,- was rejected by the learned civil judge-east observing to the effect that the suit property neither belonged to the husband of the appellant i.e. .....
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..... defendant no.1 in the written statement has stated that the present suit is nothing but a cleverly designed legal proceeding to circumvent and get over the statutory rigour of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act ) it is stated that the suit property is a shared household under section 2 read with section 17 of the said act. ..... .(supra) dealt with a case filed under the domestic violence act and the court came to the conclusion that the petition under the domestic violence was maintainable even if the act of domestic violence have been committed prior to the coming into force of the act ..... . 16.the argument of learned counsel for defendant no.1 that in view of section 17 read with section 2(s) of the domestic violence act she continues to have a right to reside in the suit property is an argument in futility ..... . it is submitted that the suit property remains a shared household within the meaning of the domestic violence act and the defendant no.1 has a right to reside in the same.12 ..... . section 2(s) and 17 of the domestic violence act reads as follows:2(s) shared household means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or alongwith 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 the aggrieved .....
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..... the statute dealing 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 confer any right of maintenance, including residence, for the married woman as against the parents of ..... on behalf of the appellant that the civil court has no jurisdiction in view of the provisions of rsa no.27/2017 page 6 of 7 the family court act, 1984 and the protection of women from domestic violence act, 2005 is liable to be rejected.17. ..... belonged to the mother-in-law and the defence taken by the daughter-in-law was that the said rsa no.27/2017 page 5 of 7 property was a joint family property and therefore she enjoyed a protection under section 17(1) of domestic violence act, 2005. ..... law cannot claim any right in an accommodation which belongs to mother-in-law or the father-in-law as such an accommodation does not satisfy the test of shared household accommodation as envisaged under section 2(s) of the domestic violence act, 2005.15. ..... there is no such law in india, like 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 ..... no doubt, the definition of shared household in section 2(s) of the act is not happily worded, and appears to be the result of clumsy drafting, but we have it an interpretation which is sensible and which does not lead .....
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..... admitted to having filed a case under section 12 of the protection of women from domestic violence act, 2005 in august, 2010.13. ..... appellant/wife also file a case under the protection of women from domestic violence act, 2005 against him.8. ..... that the family of the respondent/husband had faced prosecution for 8 years even after the settlement, including in a fresh fir no.4u/s 406, ipc, ps indirapuram, ghaziabad, up and a case filed by the appellant/wife under the protection of women from domestic violence act, 2005. ..... she did succeed in doing so from 28.06.2005, when the parties had got married, till december, 2010 when according to the appellant/wife, she had returned to her parental ..... that on 20.01.2007, the appellant/wife and their son went to her parental home when she took away her jewellery items and on 02.02.2007, lodged a false complaint with the crime against women cell implicating the respondent/husband and his family members. ..... therefore, she filed a complaint with the crime against women cell on 02.02.2007, which led to the registration of the case fir no.373/2007 u/s498/4ipc at police station kalyanpuri ..... the facts as borne out from the impugned judgment are that the respondent/husband had filed a petition for divorce under section 13(i)(ia) of the hindu marriage act, 1955 (in short, hma ) on the grounds of ..... there is no dispute that the parties had got married on 28.06.2005, as per hindu rites and customs at kalyan vihar, delhi and were blessed with two children, a son and .....
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..... the order dated 18th november, 2008 passed in the criminal appeal no.24/2008 under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v.act ). ..... while domestic violence act has been enacted by the parliament to prevent acts of domestic violence on women living in a shared ..... the domestic relationship between the aggrieved person and the respondent must be present and alive at the time when complaint under domestic violence act is filed and if this relationship is not alive on the date when complaint is filed, the domestic relationship cannot be said to be there. .... ..... ..... ..... if legislature intended, it would have defined "wife" as in section 125 cr.p.c in domestic violence act as well. ..... also consider that the definition of "wife" as available under section 125 cr.p.c could not be imported into domestic violence act. ..... has also been settled by this court in harbans lal malik (supra) that definition of wife as available in section 125 cr.pc cannot be merged into domestic violence act. ..... in the present case, even before passing of the act of domestic violence, the relationship of husband and wife between the parties was dissolved vide a divorce decree which the parties had obtained under an agreement by mutual consent ..... the expression by the from the bare reading of these two provisions it is apparent that the intention of the legislature is to protect those women who are living into a domestic relationship being related by marriage .....
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..... suit property is not the shared household of the defendant as defined under section 2(s ) of the protection of women from domestic violence act, 2005 and the defendant has no statutory right to reside in the suit property contrary to the wishes and desire ..... and denied that the suit property is not a shared household in terms of section 2(s) in terms of the protection of women from domestic violence act, 2005. ..... the written statement the defendant denies that the present suit property is not a shared household in terms of section 2(5) of the protection of women from domestic violence act ..... defendant filed various cases against her ex-husband under the domestic violence act and also got registered an fir under sectionsand also got her ex husband arrested in the aforesaid fir and pursuant thereto a settlement was executed vide settlement deed dated 26.11.2009 before the delhi high court mediation & conciliation centre, wherein the defendant took an alimony of rs.36,50,000/- from her ex-husband and pursuant thereto the divorce by ..... , needs to be now mentioned especially after passing of the benami transaction (prohibition) act, 1988 (hereinafter referred to as the benami act ) and which act states that property in the name of an individual has to be taken as owned by that individual and no claim to such property is maintainable as per section 4(1) of the benami act on the ground that monies have come from the person who claims right in the property though title deeds of the property are .....
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..... passed by learned metropolitan magistrate, (mahila court), saket, new delhi thereby dismissing the objections raised by the petitioner to challenge the territorial jurisdiction of the said court to try the offences punishable under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the d.v. ..... a reading of domestic violence act reveals that it does not contain any self-contained procedure for its ..... for better appreciation, section 28 of domestic violence, 2005 and section 177 of the code of criminal procedure, 1973 are reproduced as under ..... for the petitioner also argued that the learned trial court has completely misconstrued in reading the rule 14(4), 15(5) and 15(8) of the domestic violence rules, 2006 (hereinafter referred to as the d.v. ..... act, 2005 is a special legislation, this court is of the view that the complainant had rightly approached the concerned court of the magistrate complaining the breach of the protection order and the objection raised by the petitioner with regard to the territorial jurisdiction of the court of magistrate has no ..... act, 2005 clearly provides that the offence under sub section (2) of section 31- shall as far as practicable be tried by the magistrate who had passed the order, the breach of which has been alleged to have been caused by ..... act, 2005 and therefore under section 177 of the code of criminal procedure, the same can be tried by a court within the local jurisdiction of gurgaon where it was .....
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