Court : Punjab and Haryana
..... (oral) the conspectus of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that, initially raj rani (respondent-wife) has instituted a complaint against her husband petitioner harinder pal alias harvinder pal under section 12 of the protection of women from domestic violence act, 2005 (hereinafter to be referred as the act .). ..... as is evident from the record that the trial court has granted interim maintenance and shared household to the respondent-wife, by means of impugned order dated 23.5.2009 (annexure p1), whereas petitioner-husband has filed the appeal (annexure p3) on 7.9. ..... aggrieved thereby, the petitioner-husband has filed the time barred appeal along with an application for condonation of delay of 16 months u/s 5 of the limitation act, 1963. ..... thus, the delay cannot be condoned in filing the appeal because the appellant crr no.3282 of 2011 (o&m) 3 has failed to show any sufficient cause within the ambit of section 5 of the limitation act. .....
Tag this Judgment!Court : Punjab and Haryana
..... filed by the husband, in view of the pendency of the criminal proceedings under sections 406/498-a/420 ipc and the proceedings under section 125 cr.pc as well as complaint under the protection of women from domestic violence act,2005, at pehowa, husband has filed a second petition under section 9 of the hindu marriage act at garhshankar to harass the wife. ..... sought is that the wife does not have sufficient means and has to maintain a minot son and thus it is extremely inconvenient for her to travel 200 kilometers from pehowa to garhshankar by changing various buses to pursue the aforesaid section 9 petition, whereas no prejudice would be caused to the husband who is already facing three ..... application under section 24 cpc seeking transfer of petition under section 9 of the hindu marriage act, filed by the respondent husband from the court of additional civil judge (senior division).garhshankar to the court of competent jurisdiction at ..... petition is allowed, the petition under section 9 of the hindu marriage act titled varinder ta 573/2012 4 kumar v rekha, pending in the court of additional civil judge (senior division) garhshankar is ordered to be withdrawn and transferred to the court of competent jurisdiction at pehowa for disposal in accordance with law from the stage of withdrawal. ..... , where she is residing at her parental home since 2007 and as a counter blast the husband filed a petition for restitution of conjugal rights under section 9 of the hindu marriage act at garhshankar. .....
Tag this Judgment!Court : Punjab and Haryana
..... m no.39150 of 2012 (o&m) 2 complaint no.64 dated 18.8.2012 (annexure p4) under section 12 of the protection of women from domestic violence act, 2005 (`the act' for short) and all subsequent proceedings arising therefrom. ..... but the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc.or the family disputes where the wrong is basically private or personal in nature and the parties have ..... the position that emerges from the above discussion can be summarised thus: the power of the high court in quashing a criminal proceeding or fir or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under section 320 of the code. ..... complaint no.64 dated 18.8.2012, under section 12 of the act (annexure p4) and all the subsequent proceedings, arising therefrom, are quashed. ..... a photocopy of the judgment/decree passed in the divorce proceedings under section 13-b of the hindu marriage act, 1955 have been placed on record. ..... m no.39150 of 2012 (o&m) 4 corruption act or the offences committed by public servants while working in that capacity etc.cannot provide for any basis for quashing criminal proceedings involving such offences. .....
Tag this Judgment!Court : Punjab and Haryana
..... p-4 is the petition filed by petitioner no.1 against respondent no.2 and his relatives under section 12 of the protection of women from domestic violence act, 2005. ..... to constitute an offence under section 363 ipc, whoever entices a minor from the custody of lawful guardian can be said to have committed the offence. ..... where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted)to the institution and continuance of the proceedings and/or where there is specific provision in the code or the concerned act, providing efficacious redress for the grievance of aggrieved party. 7. ..... whoever kidnaps any person from [india].or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years.and shall also be liable to fine ..... will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice. . ..... under [eighteen].years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. ..... 361 and 363 ipc read as under:- 361 ipc kidnapping from lawful guardianship. .....
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..... also filed a petition under section 125 of the code of criminal procedure seeking monthly maintenance, besides she has also filed a petition under section 12 of the protection of women from domestic violence act, 2005. ..... besides, gold and silver ornaments, valuable clothes, domestic articles and electronic items were given to her by ..... was premature and the cause of action has singh ishwar 2014.03.19 01:12 i attest to the accuracy of this order high court chandigarh fao no.754 of 2014 (o&m) {6} accrued to the appellant after the expiry of two years from the date of desertion to file a petition for divorce on the ground of desertion. ..... petition for divorce on the ground of desertion could not have been filed before a period of two years had elapsed from the date of desertion till presentation of the petition for divorce. ..... the respondent had also filed a petition under section 9 of the act seeking restitution of conjugal rights but she had flatly refused to accompany the respondent without giving ..... -her) own act and conduct from filing the present ..... it is alleged that the behaviour of the appellant from the very inception of the marriage was abnormal towards the respondent and his ..... judge, family court, bhiwani, whereby petition of the appellant seeking dissolution of marriage between the parties by a decree of divorce on the ground of cruelty and desertion as envisaged by the provisions of section 13 (1) (ia) and (ib) of the hindu marriage act, 1955 (`act' for short), has been dismissed.2. .....
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..... passed by the additional sessions judge, panchkula whereby the appeal preferred by the petitioner against order dated 08.07.2013 passed by the chief judicial magistrate, panchkula in petition under section 12 of the protection of women from domestic violence act, 2005 (in short 'the act') awarding interim maintenance @ rs.14,000/- per month has been dismissed. ..... 17:36 i attest to the accuracy and integrity of this document crr-2577-2013 2 the respondent (petitioner herein) is directed to pay the interim allowance of rs.14,000/- per month to the petitioner (respondent herein) from the date of filing of the petition for her interim medical allowance, maintenance allowance of herself including her daughter, education allowance of her daughter and other livelihood expenses. ..... wife of petitioner anurag mohan agnihotri filed an application under section 12 of the act seeking maintenance as well as residential accommodation for herself and the minor daughter ..... application crm-12746- 2014 for placing on record details of expenses incurred by the petitioner from june, 2012 till march 2014. ..... 3, 5 and 6, he sought to adjust the payments in respect of electricity and water bills, school fees, ration expenses, health insurance premium, medicine bills etc.from the arrears qua maintenance. ..... from the calculations, it becomes evident that the petitioner has not cleared arrears of maintenance in compliance with directions of this court rather sought to justify his action by raising certain claims which .....
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..... and petition under section 12 of the ta no.175 of 2011 2 protection of women from domestic violence act, 2005, are pending against the respondent at rupnagar.3. ..... subhash rani', filed by the respondent under section 9 of the hindu marriage act, 1955 (for short `the act'), from the court of learned additional civil judge (sr. ..... the entire record pertaining to the petition under section 9 of the act shall be sent by the trial court at balachaur to the learned district judge, rupnagar, within three weeks, who will either himself dispose it of or entrust it to any other court of competent jurisdiction. ..... the respondent-husband filed a petition under section 9 of the act, which is pending before learned additional civil judge (sr. ..... subhash rani' is withdrawn from the court of learned additional civil judge (sr. ..... rupnagar and the purpose of filing the petition under section 9 of the act is only to harass the applicant.4. ..... in view of the above, the instant transfer application is allowed and the petition under section 9 of the act titled as 'rakesh kumar v. .....
Tag this Judgment!Court : Punjab and Haryana
..... section 12 of the protection of women from domestic violence act, 2005 (hereinafter to be referred as the act .). ..... been weighed with the trial magistrate to negate the plea of interim custody of complainant were that (i) as per section 8 of the hindu minority and guardian act, 1956, in case of an unmarried girl, father is the natural guardian and after him, is the mother, (ii) she is getting treatment from pgi chandigarh, (iii) if the custody of child is handed over to the complainant, she will take her to toronto, canada for treatment and (iv) it ..... under the spouse of common law partner in canada was rejected by the canadian authority on the following ground as described in para no.36(2)(a) of the immigration and refuges protection act:- a foreign national is inadmissible on grounds of criminality for having been convicted in canada of an offence under an act of parliament punishable by way of indictment, or of two offences under any act of parliament not arising out of a single occurrence. 3. ..... the mere fact that during her compelled/forced stay in india, she was getting some treatment from pgi chandigarh, vide opd slip (annexure p4) and getting physiotherapy from saket artificial limbs centre & orthopedic hospital, by virtue of prescription slips (annexures p5 & p6 colly), ipso facto, is not at all sufficient ground, muchless cogent, to ignore the over-all indicated paramount ..... from the record that the complainant has filed the petition (annexure p9) u/s 12 of the act .....
Tag this Judgment!Court : Punjab and Haryana
..... also paying a sum of rs.7000/- per month for the accommodation which he arranged for the residence of petitioners in terms of orders passed under protection of women from domestic violence act, 2005.11. ..... the epitome of the facts and material, culminating in the commencement, relevant for deciding the instant revision petitions and emanating from the record, is that, the marriage between petitioner-husband arvind kumar sharma 2014.03.22 09:26 i attest to the accuracy and integrity of this document chandigarh civil revision nos.270 & 1666 of 2012 2 harish sharma ..... that her husband is working as senior manager with the indian oil corporation and getting the package of ` 9/10 lacs per year, besides minimum salary of ` 1.25 lac per month plus having income from other sources and getting more than ` 50,000/- per month as ta, bonus, medical and other service benefits etc. ..... status, income of husband and the fact that both the children are getting maintenance pendente lite of ` 8000/- each per month u/s 125 cr.pc, the trial court partly accepted the petition u/s 24 of the act and directed the husband to pay a sum of ` 8000/- per month as maintenance pendente lite and ` 5000/- as litigation expenses to respondent-wife, from the date of indicated petition, vide impugned order dated 11.11.2011 (annexure p4) 4. ..... all these facts and circumstances, petitioner no.1 is allowed maintenance pendente lite of rs.8000/- per month payable from the date of petition under section 24 of hindu marriage act. .....
Tag this Judgment!Court : Punjab and Haryana
..... on 16.11.2007, the respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 against the appellant but withdrew the same on 13.5.2008 by making a statement that she did not want to continue with the said case as she was leading happy married life. ..... feeling aggrieved by the judgment and decree dated 1.10.2013 passed by the additional district judge, panipat, whereby the petition filed by the respondent-wife under section 13 of the hindu marriage act, 1955 (in short "the act") for dissolution of marriage by a decree of divorce was allowed, the appellant-husband has approached this court by way of instant appeal. 2. ..... 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 mental cruelty. ..... he did not pay the domestic expenses to the respondent and she had to run household from the income of her mother who was serving in sewa dal at civil hospital, panipat. ..... the approach should be to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the petitioner in the divorce petition has been subjected to mental cruelty due to conduct of the other." 10. ..... whether the petitioner is stopped by her own act and conduct from filing the present petition? .....
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