Court : Madhya Pradesh
..... before the jmfc rewa relating to section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as special act .).2. ..... is granted to the respondent, however, if she is not taken to the house of the applicant no.1, then domestic violence is in continuation against the respondent, and therefore prima facie it cannot be said that an application under 6 ..... took place between the parties, and therefore the applicant no.1 and his family members are not taking the respondent to their house, hence the domestic violence is continued. ..... is a scope that a report of the protection officer may be obtained in favour of the applicants and thereafter proceedings may be dropped, but in that special act where no limitation is fixed for filing of the application, no shelter can be given to the applicants at this stage though they were acquitted from the charge of offence under section 498-a of ..... after considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it is apparent from the judgment passed by hon'ble the apex court in the case of sandhya manoj (supra) the hon'ble supreme court has emphasized the words may also file a complaint against the ..... the basis of aforesaid discussion, prima facie it cannot be said that the application filed under section 12 of the special act is not maintainable, and therefore there is no basis by which the present petition filed by the applicants under section 482 of .....
Tag this Judgment!Court : Madhya Pradesh
..... the applicants by this petition under section 482 of cr.p.c.have challenged the proceeding pending before the jmfc jabalpur in m.cr.c.no.16/2012 registered for the offence under sections 9 and 12 of the protection of women from domestic violence act, 2005. ..... after considering the submission made by the learned counsel for the applicant and looking to the facts and circumstances of the case, the case is dependent on the fact that no report from the protection officer was filed by the respondent in the case and the magistrate took cognizance in the case. ..... under such circumstances, the present petition filed by the applicants under section 482 of cr.p.c.is hereby disposed off with a direction that after taking report of the protection officer on record, the magistrate shall proceed for taking cognizance afresh and to issue fresh notice to the applicants. ..... , [2012(4) mplj 615 in which it is led that without getting report of the protection officer, the magistrate could not take cognizance in the case and no notice could be issued to the opposite party. ..... however, in the present case, the report of the protection officer is available on record, and therefore not the learned magistrate is competent to take cognizance in the case. .....
Tag this Judgment!Court : Madhya Pradesh
..... seeking quashment of a criminal proceeding initiated against the petitioners at the instance of respondent no.1, for certain offence under sections 12, 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005, this application has been filed for quashment of mj.no.703/2012, pending in the court of judicial magistrate firs.class, bhopal. ..... a perusal of the complaint annexure p/1, available on record, goes to show that the allegations made in the complaint are prima facie established from the material available and, therefore, it is not a fit case where the extra ordinary jurisdiction available to this court under section 482 crpc should be exercised. .....
Tag this Judgment!Court : Madhya Pradesh
..... aruna tripathi versus abhijeet tripathi & others.is case under section 22 of the protection of women from domestic violence act, 2005, (2) complaint case no.662/2010 (smt. ..... matrimonial matter under section 13 of hindu marriage act from indore and under section 9 of hindu marriage act from mandla have been transferred by this court to the court of family judge, jabalpur. 3 ..... 03/2013 date of order : /03/2013 this order shall govern the disposal of aforesaid three m.cr.cs, in which common prayer has been made to transfer criminal cases from court of c.j.m, mandla to court of c.j.m.jabalpur on the ground of convenience of the parties. ..... aruna tripathi versus abhijeet tripathi & others.is case under section 498a ipc read with section 3/4 dowry prohibition act, and (3) complaint case no.1113/2010 (smt. ..... for transferring a case from one court to another comparative inconvenience of the parties should be taken into ..... transfer of aforesaid cases from court of mandla to jabalpur sought mainly on the ground that accused ganeshdatt tripathi, aged 79 years and lady sushma tripathi, aged 46 years are resident of indore having no direct mode of communication to attend dates of ..... having careful comparative consideration regarding conveniences of the parties, in respect of trials of aforesaid cases, it seems not feasible and appropriate to transfer these cases from mandla to jabalpur. ..... tripathi versus abhijeet tripathi & others.under section 406 ipc read with section 6 of dowry prohibition act. 2. .....
Tag this Judgment!Court : Madhya Pradesh
..... for redressal of her grievance, the respondent filed the application under section 12 of the protection of women from domestic violence act 2005. ..... such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such magistrate thinks fit, and to pay the same to such person as the magistrate may from time to time direct: provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub section, order such person to make a monthly allowance ..... for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceedings which the magistrate considers reasonable,and to pay the same to such person as the magistrate may from time to time direct: provided also that an application of the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall ,as for as possible , be disposed of within sixty days ..... from the date of the service of the notice of the application to such person,] sec.127(1)- [on proof of a change in these circumstances of any person, receiving under section 125 a monthly allowance for the maintenance or interim maintenance or ordered .....
Tag this Judgment!Court : Madhya Pradesh
..... he further said that besides this, the petitioner has also initiated the proceedings against the respondent under section 23 of protection of women from domestic violence act,2005 (in short `the act') in the court of jmfc jabalpur and on consideration of some interlocutory application in such case, the respondent has been directed to pay rs.3000/- per ..... of rs.6000/- per month but due to matrimonial dispute the respondent was not in a position to perform his work in such service in regular course consequently such institution has removed him from the service and not he is not having any regular source of income to pay the interim alimony to the petitioner and prayed for dismissal of this petition.5. ..... in the other cases and, in such premises, if the respondent has been directed to pay rs.3000/- per month to the petitioner in the proceedings of the act by the jmfc then even after passing the order in the present matter under section 24 of the hindu marriage act, the trial court as well as of the court are bound to give 4 w.p.no.1404 of 2013 direction to adjust such sum in the sum awarded by jmfc. ..... is not paid by the respondent under the proceedings of the act then the petitioner shall be at liberty to recover the sum of the interim alimony on the basis of this order from the respondent.12. ..... been apprised by the respondent counsel with any document from the record that in which manner such agreement was considered by the jmfc while dealing with the aforesaid proceeding of the act. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... facts giving rise to this petition are that the respondent herein, being husband of the applicant, on arising some matrimonial dispute between them, filed the aforesaid civil suit under section 13(1)(ia)(ib) of the hindu marriage act, 1955 for decree of divorce in the family court, sagar, while at the instance of the applicant, a criminal case under section 12 of the protection of women from domestic violance act, is pending in the court of jmfc bhopal. ..... if on the above or other relevant considerations, the court feels that the plaintiff or the defendant is not likely to have a `fair trial' in the court from which he seeks to transfer a case, it is not only the power but the duty of the court to make such order. ..... , by allowing this petition, the above mentioned civil suit no.61-a/09 pending in the family court, sagar is hereby ordered to be transferred from such court to the family court bhopal for its further trial and adjudication. ..... also argued that he is paying the interim alimony and the expenses of the litigation as directed by the trial court, therefore, there is no necessity to transfer the case from sagar to any other court of bhopal and prayed for dismissal of this petition.6. ..... this petition is preferred by the applicant/wife under section 24 of the cpc for transferring the civil original suit no.61-a/09 filed by the respondent/husband under section 13(1)(ia)(ib) of the hindu marriage act, 1955 in the family court sagar, from such court to the competent court at bhopal. .....
Tag this Judgment!Court : Madhya Pradesh
..... stated that at the instance of the applicant and on behalf of her daughter, a proceeding under section 125 of the cr.p.c.is also pending in the court of principal judge, family court, jabalpur and one other proceeding under the protection of women from the domestic violence act 2005 at the instance of the applicant is also pending at jabalpur and just to create pressure on the applicant, the respondent has filed aforesaid proceeding under section 9 of the hindu marriage act in the aforesaid court at damoh. ..... wife of the respondent this petition is preferred under under section 24 of the cpc for appropriate direction to transfer the hindu marriage case no.44-a/2013 filed by the respondent against her under section 9 of the hindu marriage act 1955 for restitution of conjugal rights in the court of district judge, damoh, from such court to some competent court at jabalpur. ..... the applicant's counsel is also directed to file a certified copy of this order in the court of district judge, damoh within seven days from the date of obtaining the same. ..... with these averments, the prayer for transferring the aforesaid case from damoh to jabalpur is made. .....
Tag this Judgment!Court : Madhya Pradesh
..... the respondent filed an application under section 12, 20, 23 of the protection of women from domestic violence rules, 2005, here-inafter in short do. ..... act is a measure of social justice and is specially enacted to protect women and falls within constitutional sweep of article 15(3) reinforced by article 39 of the constitution of india. ..... but, prima facie it is apparent from the record that the applicant and the respondent knows well each other due to this admitted position that both were in the same profession, p.r.t. ..... this act as well as rules framed their under are meant to achieve a social purpose. ..... act , against the applicant before learned gram nyayalaya, anuppur for claiming maintenance. .....
Tag this Judgment!Court : Madhya Pradesh
..... the provisions of protection of woman from domestic violence act, 2005 (hereinafter it will be referred to as 'the act'). ..... legal mistake has been committed by the learned principal judge, family court, jabalpur that he applied the provisions of domestic violence act, 2005 in the application filed under section 125 of the cr.p.c. ..... she did not say that any divorce took place with her husband from any court or by any customary arrangement and therefore, if any marriage was performed between the parties then, it cannot be said to be a valid marriage in the eye of law because in hindu marriage act, bigamy is not permitted and therefore, no married woman can marry with another man, without taking any divorce ..... , she was not the wife of the applicant at all and therefore, she could not get any maintenance amount from the respondent under the - 8 - criminal revision no.534 of 2011 provisions of section 125 of the cr.p.c. ..... after considering the submissions made by the learned counsel for the parties, it is apparent from the evidence adduced by the parties that the marriage if at all took place between the applicant and the respondent is not material in the present case because the respondent pushpa (p.w.1) has accepted in para 14 ..... that the principal judge of family court could grant the relief under the act, where the application was filed under section 125 of the cr.p.c. ..... applicant was an old aged person and the respondent was a house maid, who was a domestic assistant with the applicant. .....
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