Court : Punjab and Haryana
..... though it is the right of the wife under section 17 of the protection of women from domestic violence act to stay in the shared residence but on account of denial of said right she had raised a grievance. ..... mere notice and offer for resuming cohabitation is nothing but an act of camouflage to put-forth gupta sanjay 2014.07.18 14:22 i attest to the accuracy and integrity of this document high court chandigarh crm m-35061 of 2013 [4].excuse to seek benefit under section 438 cr.p.c.no extraordinary exceptional circumstances exist to grant ..... it was argued that it is the unreasonable demand of the complainant to stay away from the parents of the petitioner which has resulted in discord. ..... i have considered all the circumstances of the case and i am of the opinion that the objective of section 498 a ipc would be defeated in case despite grave allegations of a wife regarding acts of physical and mental cruelty leniency is shown to the husband. ..... such a suspicion and allegations is sufficient enough to compel the complainant wife to remain away from the matrimonial home. ..... accuracy and integrity of this document high court chandigarh crm m-35061 of 2013 [3].april 11, 2014, but subsequently complainant informed that she has not been provided requisite dignity and was compelled to stay way from the matrimonial home. .....
Tag this Judgment!Court : Punjab and Haryana
..... sessions judge, patiala upon an application filed by the respondent under the provisions of protection of women from domestic violence act and all the subsequent proceedings arising therefrom. ..... are to allow the respondent to reside in the matrimonial home and if the respondent is not allowed to reside in the matrimonial home, then in the alternative, she will be entitled for `2000/- per month for alternative residence from the date of that order. ..... therefore, the order of maintenance is not passed against the present petitioners and they are not aggrieved persons from that order. ..... therefore, from the impugned order, it is clear that nowhere the court has held that present petitioners will pay `2000/- per month to the respondent. .....
Tag this Judgment!Court : Punjab and Haryana
..... filed a criminal complaint on 10.07.2012 before women cell at chandigarh under protection of women from domestic violence act. ..... case are that the respondent, mother of two minot children, namely, shaurya aged about 7- 1/2 years and achint, aged about 3-/12 years.by moving a petition under section 25 of the guardians and wards act, 1850, has claimed a declaration from the guardian judge, chandigarh that she is natural guardian of the minot children and has prayed for restoration of custody of both the children, who are under the control and custody of the ..... of this document cr no.3990 of 2013 (o&m) 5 present case is whether prima facie the guardian judge, chandigarh, is vested with jurisdiction to decide the petition for the custody of the minot children under the act, when controvers.has been raised by the petitioner that the minot children, whose custody is claimed, are residing at delhi. ..... 2013.09.06 09:11 i attest to the accuracy and integrity of this document cr no.3990 of 2013 (o&m) 3 for return of the petition to the respondent on the ground of non- compliance of mandatory provisions of section 10(3) of the guardians and wards act, 1890 (hereinafter referred to as the `act').vide the impugned order dated 25.05.2013, learned guardian judge has dismissed both the applications. ..... case, the petition filed by the respondent cannot be rejected under order 7 rule 11(d) of the code because from the averments made in the petition, it does not prima facie appear to be barred by any law. .....
Tag this Judgment!Court : Punjab and Haryana
..... false fir was got registered against the complainant and his son by pooja malhotra, daughter of the petitioners.pooja malhotra had also filed a complaint under the protection of women from domestic violence act, 2005 against the complainant and his son ashish malhotra on 11.02.2008. ..... when the complainant and his son ashish malhotra tried to stop the petitioners from doing so, they manhandled the complainant and his son. ..... under sections 323, 452, 506, 382 read with sections 511 and 34 of the indian penal code, 1860 from the court of panchkula to any court of competent jurisdiction at karnal. ..... keeping in view the facts and circumstances of the case, no ground for transfer of the complaint from the court at panchkula to karnal is made out. ..... as a result of this, complainant filed a suit for mandatory injunction to get the firs.floor of his house vacated from his son ashish malhotra. .....
Tag this Judgment!Court : Punjab and Haryana
..... .under the protection of women from domestic violence act, 2005 and divorce petition have also been filed ..... accused persons stayed at karnal at the house of the parents of the complainant and they stated that they have given the flat and cash in fdr to her daughter accused no.4 and also raised the demand from the parents of the complainant to give a flat in the shape of dowry but the father of the complainant shown his inability to give flat in a dowry to the accused persons and thereafter the accused ..... drew my attention to the last five lines of page no.86 of the fir (annexure p8) and has submitted that this act has been committed by the petitioners at karnal and this gives cause of action to the complainant to lodge the fir at ..... him, none of the petitioners either visited karnal with her to commit any act which may attract the offence for which the present fir has been lodged. ..... further submitted that the complainant is still in occupation of the basement portion of the house and for getting that portion vacated from the complainant, her father-in-law filed a suit for her eviction. ..... on such a visit, which was on the way to delhi from pehowa, harassing by way of taunting, nagging etc.cannot be believed ..... the complainant expressed his inability to give flat by way of dowry and thereafter the accused persons again started harassing the complainant by taunting, nagging etc.it could be believed that the accused while returning from pehowa could stay at the parental home of the complainant. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Punjab and Haryana
..... the petitioner filed an application under the protection of women from domestic violence act, 2005 praying for shared residence at her matrimonial home. ..... the ground relating inasmuch as she had admitted that she had been residing at her singh parvinder 2014.01.22 16:22 i attest to the accuracy and integrity of this document criminal revision no.1960 of 2011 (o&m) 5 parents house right from the year 2008, the petitioner is not entitled to shared accommodation in the matrimonial home. 5. ..... she had also not set up a plea that she and her children were thrown away from the matrimonial home by the husband in the year 2008. ..... the application is filed praying to stay the dispossession of the petitioner from house no.2, gali no.20, krishna colony, sehatpur extension, faridabad. ..... crm no.41243 of 2013 exemption is granted from filing the typed-written copies of annexures p-1 to p-5 and p-7. ..... i find that there is no merit in the submission, inasmuch as it is the concrete stand of the petitioner that she has been residing at her parents house right from the year 2008. .....
Tag this Judgment!