Court : Delhi
..... be that as it may, the prime contention urged by the petitioner is that the provision of the protection of women from domestic violence act, 2005 has an over- riding effect and since her complaint under the said law is pending before the court of the metropolitan magistrate, the jurisdiction of the civil court to entertain the suit is impliedly barred. ..... the petitioner as the defendant may arguably contest the suit asserting her right, if any, in the subject property on the ground that it has been a shared household within the meaning of the expression used in the protection of women from domestic violence act, 2005. ..... it appears the marriage of the defendant with the son of the plaintiff has run into rough weather, she having taken out certain proceedings, including under the protection of women from domestic crp742018 page 1 of 3 violence act, 2005, in such wake. ..... from the chronology of events narrated and the impugned order, it is clear that the suit has entered trial, evidence of some witnesses having already been recorded. .....
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..... section 12 of the protection of women from domestic violence act, 2005, as well as under ..... move the family court in a joint petition seeking divorce by mutual consent under sections 13 b(1) and 13b(2) of the hindu marriage act, 1955, and that all pending proceedings initiated by the complainant, including the aforesaid proceedings under section 12 of the protection of women from domestic violence act, as well as under section 125 cr.p.c. ..... 12 of the protection of women from domestic violence act, are also ..... 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 ..... 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 a domestic and matrimonial dispute, on terms, and have also obtained divorce by mutual consent and where the complainant is no longer interested in supporting the prosecution ..... 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 obtained divorce by mutual consent, and where the complainant is no longer .....
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..... section 12 of the protection of women from domestic violence act, 2005, as well as under ..... move the family court in a joint petition seeking divorce by mutual consent under sections 13 b(1) and 13b(2) of the hindu marriage act, 1955, and that all pending proceedings initiated by the complainant, including the aforesaid proceedings under section 12 of the protection of women from domestic violence act, as well as under section 125 cr.p.c. ..... 12 of the protection of women from domestic violence act, are also ..... 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 ..... 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 a domestic and matrimonial dispute, on terms, and have also obtained divorce by mutual consent and where the complainant is no longer interested in supporting the prosecution ..... 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 obtained divorce by mutual consent, and where the complainant is no longer .....
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..... razia begum widow of the deceased abdul rauf and other has been filed by her father-in-law, brothers-in-law and others who were made respondents in the application under section 22 of protection of women from domestic violence act, 2005 (in short domestic violence act) by razia begum. 1). ..... it has to be noticed that although domestic violence act is not a penal law but it is a peculiar act where non-compliance of the order passed under the act has been made as an offence under section 31 of the act and an fir can be registered against the person who does not comply with the order and this offence is triable by the same magistrate who passed the interim order for protection or maintenance. ..... . it is expected from the trial court that before passing an order under domestic violence act, it must be satisfied that there existed a domestic relationship between the petitioner and the respondent ..... . the trial court and the sessions judge passed interim orders without satisfying themselves of basic requirement of domestic violence act that the order can be passed only against the 'respondents' who had been in 'domestic relationship' with the 'aggrieved person' ..... the order of learned mm passed under section 22 of domestic violence act shows that the order was passed against five male respondents and all woman respondents seem to have been dropped. ..... in her application under domestic violence act, razia begum had made 11 respondents and she specified her relations with respondents as under:2). .....
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..... behalf of the appellant/respondent that the subject matter of the civil suit no.271/2013 is covered by family court act, 1984 and civil court has no jurisdiction to try the suit or pass a decree under order xii rule 6 cpc or under protection of women from domestic violence act, 2005 is not tenable in the eyes of law. ..... of the judgment which is mentioned below is squarely applicable in the facts of the case:-" the legal position which can be culled out from the above reports is that daughter-in-law has no right to continue to occupy the self acquired property of her parents-in-law against their wishes more so when her husband has no independent right therein nor is living there, as it is not a shared household within the meaning of section 17(1) of protection of women from domestic violence act, 2005. ..... cannot overwrite the provisions of protection of women from domestic violence act, 2005. ..... save as otherwise expressly provided in the body of this code or by any other law for the time being in force, an appeal shall lie to the high court from every decree passed in appeal by any court subordinate to the rsa no.14/2017 page 6 of 9 high court, if the high court is satisfied that the case involves a ..... also held that:-"rsa no.14/2017 page 5 of 9 as regards section 17(1) of the act, in our opinion 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 .....
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..... under section 12 of the protection of women from domestic violence act, 2005 are also stated to have ..... time, complainant had also instituted proceedings under section 12 of the protection of women from domestic violence act, 2005.5. ..... in the proceedings under section 12 of domestic violence act, the matter was referred by the court below to mediation, and ultimately on 30th april, 2014 the parties arrived at a settlement before the delhi mediation centre, ..... i am of the considered opinion that the matter deserves to be given a quietus at this stage itself since the parties have settled the matter, which arose largely out of a matrimonial and domestic dispute, on terms; and the first petitioner and the complainant have obtained a divorce as per their customary laws, and the complainant is no longer interested in pursuing the matter, or even supporting the case 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 ..... 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-ehtiram hussain ansari on .....
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..... under section 12 of the protection of women from domestic violence act, 2005 are also stated to have ..... time, complainant had also instituted proceedings under section 12 of the protection of women from domestic violence act, 2005.5. ..... in the proceedings under section 12 of domestic violence act, the matter was referred by the court below to mediation, and ultimately on 30th april, 2014 the parties arrived at a settlement before the delhi mediation centre, ..... i am of the considered opinion that the matter deserves to be given a quietus at this stage itself since the parties have settled the matter, which arose largely out of a matrimonial and domestic dispute, on terms; and the first petitioner and the complainant have obtained a divorce as per their customary laws, and the complainant is no longer interested in pursuing the matter, or even supporting the case 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 ..... 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-ehtiram hussain ansari on .....
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..... i am of the view that the aforesaid proceedings under the protection of women from domestic violence act, 2005 was a contrived afterthought, and was completely ill advised . ..... allegations made by the respondent in the petition under section 12 of the protection of women from domestic violence act, 2005 (preferred in july 2010, i.e. ..... further submits that the respondent, with an intention to harass the appellant, embroiled him in malicious litigation by moving an application under section 12 of domestic violence act, 2005 on 24.07.2010 and filed a petition under section 125 cr.p.c. ..... though the proceedings under the domestic violence act, 2005 are not criminal proceedings, in my view, the principle laid down by the supreme court in ..... the ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to ..... bhim singh paswan, a family friend who has known the family from past 15 years visited the house of the petitioner, petitioner asked the respondent to prepare a cup of tea ..... in a matrimonial relationship may take the form of violence, some time it may take a different form. ..... (vii) sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to .....
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..... razia begum widow of the deceased abdul rauf and other has been filed by her father-in-law, brothers-in-law and others who were made respondents in the application under section 22 of protection of women from domestic violence act, 2005 (in short domestic violence act) by razia begum. 1). ..... it has to be noticed that although domestic violence act is not a penal law but it is a peculiar act where non-compliance of the order passed under the act has been made as an offence under section 31 of the act and an fir can be registered against the person who does not comply with the order and this offence is triable by the same magistrate who passed the interim order for protection or maintenance. ..... . it is expected from the trial court that before passing an order under domestic violence act, it must be satisfied that there existed a domestic relationship between the petitioner and the respondent ..... . the trial court and the sessions judge passed interim orders without satisfying themselves of basic requirement of domestic violence act that the order can be passed only against the 'respondents' who had been in 'domestic relationship' with the 'aggrieved person' ..... the order of learned mm passed under section 22 of domestic violence act shows that the order was passed against five male respondents and all woman respondents seem to have been dropped. ..... in her application under domestic violence act, razia begum had made 11 respondents and she specified her relations with respondents as under:2). .....
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..... thereafter, the petitioner filed another application under the protection of women from domestic violence act, 2005 claiming maintenance and same was dismissed by learned trial court as well as sessions court as non-maintainable in the background of settlement dated 02.04. ..... (iv) the petitioner filed the application under the protection of women from domestic violence act, 2005 claiming maintenance and same was dismissed by learned trial court as well as sessions court as non-maintainable in the background of settlement dated ..... failing in her endeavour to crl.m.c.no.2602/2010 page 9 of 12 fulfil her greed under prevention of domestic violence against women act, because the case was ruled to be non-maintainable in the background of settlement dated 02.04.2003, she took the shelter of section 125 cr. ..... behalf of son, petitioner while asserting that she is living on the mercy of relatives, friends, but failed to name even a single person from whom she had taken debt or loan and this fact goes to prove that she has sufficient means to maintain herself..18. ..... has submitted that the petitioner has concealed important / material facts from this court because these facts render this petition to be non- ..... /2010 page 6 of 12 (ii) the petitioner backtracked from the said settlement and continued with the litigation vigorously. ..... of her son deposed that she was living on the mercy of the relatives, friends, however failed to name even a single person from whom she had taken debt or loan..28. .....
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