Court : Punjab and Haryana
..... the appellant had also filed complaint against her husband- malik ramesh 2014.03.20 11:50 i attest to the accuracy and integrity of this document high court chandigarh (106) fao no.m-70 of 2014 -7- respondent no.1 under section 12 of the protection of women from domestic violence act, 2005, and had also taken proceedings for claiming maintenance under section 125 of the code of criminal procedure. ..... insofar as the phone calls were concerned, the appellant pleaded that her son manpreet singh was to take middle class examinations at kotkapura and respondent no.1 had made a call from kuwait to respondent no.2 asking the latter to take care of the child during the examination time and the telephone calls were made by respondent no.2 in that regard, which were mostly attended by the father-in-law of the ..... regarding the money, she stated that she had withdrawn the entire amount from the bank account, which was in her name and in the name of respondent no.1, but again nothing was stated that the amount was withdrawn and given to the families of other persons who were known to ..... a panchayat was convened where the appellant admitted that she had relations with respondent no.2 and that she had also withdrawn money from the joint account that she had with her husband, as mentioned above. .....
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? .....
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
..... even a potent and kumar sanjeev 2014.08.22 12:23 i attest to the accuracy and integrity of this document civil writ petition no.24392 of 2013 (o&m) -4- protective legislation like protection of women against domestic violence act, 2005 (for short, act of 2005) will be rendered effete, if it were to be wrongly assumed that a father can throw out his daughter or daughter-in-law; that a husband can throw out the wife, estranged wife or divorced wife. ..... the provisions of the protection which is contemplated under chapter v is an empowering provision for the welfare of a senior citizen that must be read cohesively that the right of a woman to be protected which is guaranteed under the act of 2005. ..... it will be wrong to import a principle of law from the judgment that law recognizes an action for ejectment for a husband or father in law to deny a woman a right to shelter, the most required protection for a woman, the recognition of her right to safety and a non-negotiable tool for nurturing her dignified living. ..... the relief granted cannot be a precedent to a commonplace occurrence of the daily squabble at home between spouses or members in the family and a precipitate action for ejectment of a wife or a daughter-in-law from the matrimonial home, which is understood as a shared household between husband and wife or a father, son and daughter-in-law. ..... even at the interlocutory stage, there was a petition for injunction by the wife against the petitioner from dispossessing her. .....
Tag this Judgment!Court : Punjab and Haryana
..... ta no.694 of 2012(o&m) #2# it is averred that petitioner-wife has filed a petition under sections 17,18,19,20 & 23 of protection of women from domestic violence act as well as petition under section 125 cr.pc seeking maintenance at ludhiana. ..... it is averred that marriage between the parties was solemnized on 21.08.2005 as per hindu rites and ceremonies. ..... in view of the above, the present petition is allowed, the petition under section 13 of the hindu marriage act, 1955 titled as raman anand versus meena . ..... pending in the court of learned district judge, kapurthala is ordered to be withdrawn and transferred to courts of competent jurisdiction at ludhiana for disposal in accordance with law from the stage of withdrawal. ..... from the court of learned district judge, kapurthala to the court of competent jurisdiction at ludhiana. .....
Tag this Judgment!Court : Punjab and Haryana
..... filed under section 12 of the protection of woman from domestic violence act, 2005 from the court at mukerian to the court of competent jurisdiction at ludhiana. ..... filed under section 12 of protection of woman from domestice violence act, 2005 is withdrawn from the court of judicial magistrate, ist class, mukerian and is transferred to the court of chief judicial magistrate, ludhiana. ..... a view to harass the petitioners.respondent has filed the complaint in question before the court at mukerian alleging that she was residing at talwara with her maternal uncle, although in the complaint filed before the women cell, ludhiana, by the complainant on 6.4.2012, she had stated that she was resident of ludhiana. ..... not m-25664 of 2012(o&m) -2- complaint had been filed before the police station women cell, ludhiana by the respondent. .....
Tag this Judgment!Court : Punjab and Haryana
..... question is exclusively owned and possessed by petitioner no.1 with effect from 17.2.2012, therefore, it does not come under the definition of section 2(s) of the protection of women against shanker gauri 2013.09.27 16:58 i attest to the accuracy and integrity of this document high court chandigarh crm-m-32165-2013 2 domestic violence act. ..... he further submits that the present complaint under the protection of women against domestic violence act , was filed by the respondent-wife only to harass the petitioner and his family members and wants to usurp the property, on which she has no ..... the learned acjm, gurgaon while allowing the application under section 12 of the act has observed as under: after going through the contentions of the both the sides and in view of the report of protection officer, i am of this considered opinion that respondent must be restrained to dispossess petitioner and her minor daughter from the house no.7, block no.es escape nirvan colony, gurgaon till further orders because after the marriage, petitioner is living with ..... has also filed a petition under section 13(1)(i-a) of the hindu marriage act for dissolution of marriage by decree of divorce on the ground of ..... the case are that marriage of petitioner no.1 was solemnized with respondent no.2 on 18.12.2005 according to sikh rites and ceremonies. ..... has resiled from the said ..... already obtained stay order with regard to the house of regency park, whereby the respondent-wife has been restrained from entering therein. .....
Tag this Judgment!Court : Punjab and Haryana
..... that the respondent shall withdraw the complaint filed by her under section 12 of the protection of woman from domestic violence act, 2005 pending before the ld.j.m.i.c. ..... to mean the publication, whether by words, spoken or written or by single or by visible representations, or otherwise of any matter or the doing of any other act whatsoever which scandalizes or tends to scandalize or lowers or tends to lower the authority of any court or prejudice or interferes or tends to interfere with the due cours.of any judicial proceedings or interferes or tends to interfere with or obstructs or tends to obstruct ..... in the entire conduct of the contemner is a clear attempt to mislead the court, obstruct the cours.of justice and subvert the legitimate process of law to defeat the rights of the wife flowing from the settlement and undertaking given to this court. ..... (viii)that fir no.53 dated 1.2.2012 under section 66(1) i.t.act, 2000 and section 292 ipc registered against the respondent by the father of the deponent shall also not be pursued and steps shall be taken to have it quashed/ ..... (iii) that the custody of the son (d.o.b.12.8.2005) of the deponent and the respondent would remain with the deponent and he shall have complete responsibility of singh daljit 2014.03.26 10:48 i attest to the accuracy of this document cocp no.359 of 2014 -2 looking after the ..... need not however, wander into this arena as the parliament has enacted the contempt of courts act, 1971 and defined contempt of court . .....
Tag this Judgment!Court : Punjab and Haryana
..... section 29 of the protection of women from domestic violence act, 2005 (in short the act . ..... a relevant extract from section 29 of the act reads as follows:- appeal. ..... - there shall lie an appeal to the court of session within thirty days from the date on which the order made by the saini paramjit kaur magistrate is served on the aggrieved person or the respondent, 2014.07.18 17:41 i attest to the accuracy and integrity of this document chandigarh crl. .....
Tag this Judgment!Court : Punjab and Haryana
..... from the record, i find that the findings of both the courts below on the application under section 12 of protection of women from domestic violence act are concurrent. ..... from the perusal of the record, i find that no illegality has been committed by the courts below while passing the judgments. .....
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