Court : Punjab and Haryana
..... and petition under section 12 of the protection of women from domestic violence act, 2005, filed by the applicant are pending adjudication ..... the entire record pertaining to the petition under section 9 of the act shall be sent by the trial court at ambala to the learned district judge, ludhiana, within three weeks, who will either himself dispose it of or entrust it to any other court of competent ..... respondent is already appearing in the two petitions filed by the applicant at ludhiana, i feel that no prejudice is going to be caused to the respondent in case the present application is allowed and the petition under section 9 of the act filed by the respondent is also shifted to ludhiana. ..... manju sharma', filed by the respondent, from the court of learned additional district judge, ambala, to the court of competent jurisdiction at ..... manju sharma' under section 9 of the act, pending in the court of learned additional district judge, ambala, deserves to be transferred to ..... , the applicant-wife has preferred the instant application under section 24 of the code of civil procedure, praying for transfer of the petition under section 9 of the hindu marriage act, 1955 (for short `the act'), titled as 'ravinder sharma v. ..... manju sharma' is withdrawn from the court of learned additional district judge, ambala, and is transferred to the court of competent jurisdiction ..... of the above, the instant transfer application is allowed and the petition under section 9 of the act titled as 'ravinder sharma v. .....
Tag this Judgment!Court : Punjab and Haryana
..... vide order dated 9.7.2011, judicial magistrate first class, faridabad, had allowed the application under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') filed by respondent no.1, holding that respondent no.1 had been a victim of domestic violence. ..... the shared household has been defined under section 2 (s) of the act which reads as follows: - "(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 the ..... respondent-wife after marriage had stayed in the house of the petitioner as such, the house which is owned by the petitioner would fall within the definition of "shared household" given in section 2 (s) of the act because "shared household" would mean the household where the aggrieved person (wife) lives or at any stage has lived in the domestic relationship either singly or along with the respondent. ..... the word "domestic relationship" is defined in section 2 (f) the act as under: - "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 .....
Tag this Judgment!Court : Punjab and Haryana
..... no.9 of 2009 dated 2.2.2009 (annexure p-3) under section 12, 18, 19, 20, 21 of the protection of women from domestic violence act, 2005 and all the consequential proceedings, arising therefrom, are quashed. ..... have filed this petition under section 482 of the code of criminal procedure, 1973 for quashing of the complaint no.9 of 2009 dated 2.2.2009 (annexure p-3) under section 12, 18, 19, 20, 21 of the protection of women from domestic violence act, 2005 and all the subsequent proceedings arising therefrom. ..... these circumstances, continuation of proceedings against the petitioners under the protection of women from domestic violence act, 2005 would be nothing but abuse of process of law. ..... respondent failed to appear and ex parte decree of divorce was passed in favour of petitioner no.1 on 28.3.2009 (annexure p-2).the complaint in question has been filed by the respondent against the petitioners and others under section 12, 18, 19, 20, 21 of the protection of women from domestic violence act, 2005. ..... m-22751 of 2011 (o&m) -2 - of women from domestic violence act, 2005 is made out. ..... case of the petitioner was that the respondent had left the matrimonial home in may 2005 but had failed to return back to the matrimonial home thereafter. ..... filed a petition under section 9 of the hindu marriage act, 1955 ('act' for short) seeking a decree for restitution of conjugal ..... of passing of the decrees under section 9 and 13 of the act was noticed by the trial court while passing the order of maintenance. .....
Tag this Judgment!Court : Punjab and Haryana
..... singh, j.petitioners, who are facing allegations of domestic violence, have approached this court under section 482 of the code of criminal procedure for quashing of complaint no.209-2 dated 11.01.2013 along with form no.1 under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') and notice dated 16.07.2013 vide which petitioners have ..... judgment and order, the high court has refused to quash the proceedings initiated against the petitioners by the respondent no.2-wife, under section 12 of the protection of women from domestic violence act, 2005 (for brevity the act, 2005 .).3. ..... these orders include order prohibiting the respondent from (a) committing any act of domestic violence; (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment, or school in the case of the child, of the aggrieved person; (d) attempting to communicate with the aggrieved person, (e) alienating any assets or operating bank accounts and bank lockers used or enjoyed by both the parties, or singly by the respondent and (f) causing violence to the dependants or other relatives of ..... -for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal .....
Tag this Judgment!Court : Punjab and Haryana
..... as the matter has been settled by way of compromise and i have filed my affidavit in this regard today in the court, according to my free will and consent, the petition under section 12 of the protection of women from domestic violence act, 2005 and proceedings emanating therefrom pending in the court of chief judicial magistrate, chandigarh bearing complaint no.191/2013 dated 14.3.2013 titled archana syal and another versus ravi syal and others . ..... in view of what has been discussed hereinabove, the petition is allowed and petition filed under section 12 of the protection of women from domestic violence act, 2005 pending in the court of chief judicial magistrate, chandigarh bearing complaint no.191/2013 dated 14.3.2013 titled archana syal and another versus ravi syal and others . ..... the petitioners have prayed for quashing of a petition filed under section 12 of the protection of women from domestic violence act, 2005 pending in the court of chief judicial magistrate, chandigarh bearing complaint no.191/2013 dated 14.3.2013 titled archana syal and another versus ravi syal and others . ..... in the instant case, petition under section 12 of the protection of women from domestic violence act, 2005 was filed by the respondents. ..... an extract from her statement is quoted thus:- the proceedings under section 12 of the protection of women from domestic violence act, 2005 were filed by me to claim relief for myself and minor rohan sayal. .....
Tag this Judgment!Court : Punjab and Haryana
..... portion of para nos.10, 11 and 19 of the judgment are as under:- 10....................the question whether the extra ordinary inherent powers under section 482 of code of criminal procedure is to be exercised by the court to quash a proceeding initiated under the protection of women from domestic violence act, 2005 is to be considered in the background of the settled legal position. ..... daljot kaur-respondent no.2 filed a complaint under section 12(1) of the protection of women from domestic violence act, 2005. ..... bindu 2010(6) rcr (civil) 1046, was dealing with a petition under the domestic violence act, 2005. ..... for quashing the order (annexure p-4) dated 23.07.2013 passed by the judicial magistrate ist class, ludhiana who allowed the application (annexure p-1) and restored the complaint filed under the domestic violence act, 2005.2. ..... it is clear that the act was enacted to provide "a remedy under civil law" to protect the woman from being victims of domestic violence and to prevent occurrence of domestic violence in the society. . ..... relevant portion of the statement of objects and reasons of the act reads:- it is therefore proposed to enact a law keeping in view the rights guaranteed under articles 14,15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society. .....
Tag this Judgment!Court : Punjab and Haryana
..... ,(oral) this order shall dispose of the instant petition filed under section 438 of code of criminal procedure praying for the grant of anticipatory bail to the petitioner in fir no.113 dated 30.03.2012, under section 31 of the protection of women from domestic violence act, 2005, registered at police station civil lines, bhiwani, haryana. ..... perusal of the order sheets would reveal that this court has been inclined to grant interim protection to the petitioner in the matter, subject to the singh omkar 2014.04.11 11:39 i attest to the accuracy and integrity of this document chandigarh crm no.m-27038 of 2013 [2].petitioner clearing the entire outstanding amount of the arrears of maintenance awarded to the complainant under section 125 cr.p.c.as also under the provisions of the protection of women from domestic violence act, 2005. ..... learned state counsel, upon instructions from si shish ram, would apprise the court that the petitioner had otherwise joined the investigation. .....
Tag this Judgment!Court : Punjab and Haryana
..... had also moved an application under section 12 of protection of women from domestic violence act, 2005. ..... (iv) application u/s 12 of the protection of women from domestic violence act pending in the court of acj ..... (d) application u/s 12 of protection of women from domestic violence act, pending in the court of acjm ..... not m-20925 of 2011 (o&m) -5 - to some unavoidable reasons and temperamental differences we have separated from each other for last more than 5 years and no cohabitation has taken place between us since ..... in our opinion, the conduct of the appellant indicates that the criminal complaint from which this appeal arises was filed by the wife only to harass the ..... this court has already quashed fir no.107 dated 11.2.2005, under section 380 and 384 ipc, registered at police station dlf, gurgaon and fir no.326 dated 8.8.2004 under section 498-a, 323, 506 ipc, registered at police station dlf gurgaon basing reliance ..... and jatinder sharma (brother of the petitioner) filed petition under section 13-b of the hindu marriage act, 1955 seeking divorce on the basis of mutual consent. ..... thereafter, fir no.107 dated 11.2.2005, under section 380 and 384 ipc, registered at police station dlf, gurgaon and fir no.326 dated 8.8.2004 under section 498-a, 323, 506 ipc, registered at police station dlf gurgaon were quashed ..... has also received rs.2,00,000/- (rupees two lac only) as permanent alimony from petitioner no.1 and will not claim any maintenance after grant of decree of divorce from petitioner no.1. .....
Tag this Judgment!Court : Punjab and Haryana
..... as per the facts of the above said case, the application under section 12 of the protection of women from domestic violence act, 2005, is not maintainable after husband and wife obtained divorce by mutual consent. ..... in the facts of the present case, even though the petitioner has been granted divorce on 28.01.2011 but the application under section 12 of the protection of women from domestic violence act, 2005 is filed on 9.6.2009, the application is maintainable. ..... 07.26 10:19 i attest to the accuracy and from domestic violence act. ..... therefore, they could not live together and she was turned out of her matrimonial home on 20.02.2009 and petitioner has filed a complaint under section 12 of the protection of women crl. ..... however, at this stage, counsel for the petitioner restricts his prayer for maintenance from date of filing of the present application till the date when she has been granted crl. .....
Tag this Judgment!Court : Punjab and Haryana
..... crm no.75300 of 2012 requests for placing on record copy of complaint filed by the complainant under the protection of women from domestic violence act, 2005 as annexure a4. ..... petitioner has also placed on record copy of complaint filed by the complainant under protection of women from domestic violence act, 1005 and drawn my attention towards requisite paragraph, wherein it has been mentioned that present petitioner be directed to return istridhan including two gold sets and four gold karas weighing 11/12 tolas ..... he committed various acts of cruelty including the acts of physical violence upon the complainant-wife ..... even it has been stated by learned counsel for respondent-state, on instruction from asi gurdev singh, that these are the articles, which remain to be recovered ..... however, it has been stated by learned counsel for respondent- state, on instruction from asi gurdev singh, that she was discharged on the crm not m-39467 o 3 ..... the time of issuing notice of motion, it was contended on behalf of petitioner that dowry articles were already recovered from mother- in-law, who was granted concession of pre-arrest bail. ..... complainant got herself medico-legally examined vide annexure p1 from rajindra hospital, patiala according to which, three injuries were ..... 2011 the present petition has been filed for anticipatory bail under section 438 of code of criminal procedure in fir no.39 dated 12.10.2011, under sections 406/498a/323/341/506 ipc, registered at police station women cell, patiala. .....
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