Court : Punjab and Haryana
..... it may be noticed that order dated 3.1.2012 passed by learned st judicial magistrate 1 class, amritsar, fixing the interim maintenance of rs.5000/- per month in proceedings under section 12 of the protection of women from domestic violence act, 2005, was not brought to the notice of the learned additional district judge, amritsar, when order dated 3.12.2013 was passed. ..... counsel for the appellant has contended that in fact the appellant is to pay an amount of rs.5000/- per month in terms of the order st dated 3.1.2012 passed by learned judicial magistrate 1 class, amritsar, in proceedings under section 12 of the protection of women from domestic violence act, 2005. ..... appeal has been filed by the appellant-husband against the order dated 3.12.2013 passed by additional district judge, amritsar, whereby on an application under section 24 of the hindu marriage act, 1955 (`act' for short).maintenance pendente lite has been granted to the respondent-wife of rs.5000/- per month, besides rs.10,000/- as litigation expenses. ..... therefore, fixing of maintenance in proceedings for divorce singh ishwar 2014.02.25 02:38 i attest to the accuracy of this order high court chandigarh cm-3523-cii of 2014 in/and fao no.m-80 of 2014 {2} under the act, is not sustainable. .....
Tag this Judgment!Court : Punjab and Haryana
..... the sole submission made by counsel for the petitioner is that the maintenance awarded by the court is liable to be reduced as the respondents have been granted interim maintenance @ rs.5000/- per month in proceedings under the protection of women from domestic violence act, 2005 (in short the domestic violence act . ..... the petitioner cannot seek modification of the order passed by the trial court in proceedings under section 125 of the code on the ground that the respondent wife has also been allowed maintenance under the domestic violence act 2005. ..... (4)xxx xxx xxx (5)xxx xxx xxx (6)xxx xxx xxx the monetary reliefs which can be awarded in the domestic violence act are in addition to any maintenance which is awarded to the aggrieved person or any child of the aggrieved person under section 125 of the code or any other law for the time being in ..... it is not disputed that the proceedings for grant of maintenance under the domestic violence act were initiated subsequent to filing of application under section 125 of the code which was ..... petitioner, if so advised, may raise a plea in the proceedings under the domestic violence act that the maintenance awarded to the wife and the minor child under section 125 of the code may be kept davinder kumar 2014.04.04 10:36 i attest to the accuracy and integrity of this document crr(f)-199-2013(o&m) 4 in view while assessing maintenance under the domestic violence act keeping in view the provision of sub section 2 of section 20 of the said act. .....
Tag this Judgment!Court : Punjab and Haryana
..... the petitioner shall also be bound to appear before the trial court in the proceedings pending adjudication under the protection of women from domestic violence act, 2005. ..... learned counsel for the respondent contends that the petitioner is not appearing in the proceedings under the protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Punjab and Haryana
..... this court does not find any violation of clause (f) aggarwal anoop kumar 2014.02.11 18:13 i attest to the accuracy and integrity of this document high court chandigarh crr no.162 of 2014 4 of section 19 of the protection of women from domestic violence act, 2005, in awarding the amount under the said section. ..... however, the order regarding payment of the rent to the wife was not in accordance with clause (f) of section 19 of the protection of women from domestic violence act, 2005. ..... the learned trial judge held as under:- ----so far as the relief of residence is concerned it emanates from the evidence recorded on file that the petitioner has been unable to prove the fact that respondent is sole owner of the matrimonial house. .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) this petition has been filed under section 482 cr.p.c.for quashing of the application no.74 dated 30.04.2012 (annexure p-1) under section 12 of protection of women from domestic violence act, 2005 before sub divisional judicial magistrate, charkhi dadri, distt. ..... in view of the above, the instant petition is disposed of with a direction to learned trial court to decide the application no.74 dated 30.04.2012, under section 12 of protection of women from domestic violence act, 2005, expeditiously and preferably within a period of 4 months from 23.08.2014. ..... as undertaken, the respondent would close her evidence within a period of 2 months from 23.08.2014 and thereafter, the petitioners would close their evidence within one month. ..... he submits that respondent would close her crm m-13975 of 2012 (o&m) 2 evidence within 2 months from 23.08.2014, the date which is already fixed before trial court. .....
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..... filed under section 482 of the code of criminal procedure for quashing of fir no.111 dated 06.06.2010 (annexure p-1) under sections 494, 323, 506 read with section 34 of indian penal code and sections 3 and 4 of the protection of women from domestic violence act, 2005 registered at police station a division, amritsar, and all other consequential proceedings arising therefrom on the basis of compromise, annexure p-2, having been entered between the parties. ..... in nature which has been settled due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned fir no.111 dated 06.06.2010 (annexure p-1) under sections 494, 323, 506 read with section 34 of indian penal code and sections 3 and 4 of the protection of women from domestic violence act, 2005 registered at police station a division, amritsar alongwith all consequential proceedings qua petitioner ..... stated by learned counsel for the parties that crm m-40722 of 2012 -2- dispute between the parties was matrimonial in nature and the same has since been settled due to intervention of respectable persons and relatives from both the sides. .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) present petition has been filed under section 482 cr.p.c.for quashing of fir no.75 dated 30.6.2007, registered under sections 498- a/406 ipc and sections 5/31 of the protection of women from domestic violence act, 2005 at police station verowal, district tarn taran, and all the subsequent proceedings arising therefrom, on the basis of compromise dated 5.7.2012 (annexure p-2).learned counsel for the petitioners states that the entire payment has ..... fir no.75 dated 30.6.2007, registered under sections 498-a/406 ipc and sections 5/31 of the protection of women from domestic violence act, 2005 at police station verowal, district tarn taran, is hereby quashed and all the criminal proceedings arising out of the said fir also stand quashed. ..... not m-27328 of 2012 -2- accused and he is not likely to support the prosecution and from other facts and circumstances available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the fir on the ground that it would amount to be permitting the parties to compound non- ..... learned counsel for respondents no.2 and 3, on instructions from the complainant/respondents no.2 and 3, states that complainant would have no objection, if the present fir along with consequential proceedings, arising out of it, are quashed. .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) the instant petition has been filed for quashing fir no.151 dated 10.11.2011 for offences under sections 420, 406, 494, 498-a, 34 ipc and under the protection of women from domestic violence act 2005, police station dirba, tehsil sunam, district sangrur and the subsequent proceedings on the basis of written compromise arrived at between the parties. ..... (2012)10 scc303 this petition is allowed and fir no.151 dated 10.11.2011 for offences under sections 420, 406, 494, 498-a, 34 ipc and under the protection of women from domestic violence act 2005, police station dirba, tehsil sunam, district sangrur and the subsequent proceedings conducted on the basis thereof, are quashed. ..... learned state counsel on instructions from hc mohinder singh informs petitioners are the only accused in this fir which was recorded by respondent no.2. ..... report from the trial court has been received after recording statements of the parties, alongwith copies of statements. .....
Tag this Judgment!Court : Punjab and Haryana
..... keeping in view the totality of the facts and circumstances, the maintenance awarded to the petitioner by the trial court, affirmed in revision, is enhanced to the tune of rs.20,000/- per month from the date of application under section 12 of the protection of women from domestic violence act, 2005. ..... the petition filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act . ..... taking into account the liability of the respondent to pay rs.10,000/- towards emi of the flat, however, keeping in view the salary of the respondent which is further increasing from april 2009 onwards and has been raised to rs.99,057/- in january 2011, i am of the considered opinion that the maintenance assessed by the trial court is liable to be enhanced. ..... the petitioner has placed on record annexure p-8, a document in regard to salary of the respondent-husband from april 2009 to march 2011. ..... counsel for the petitioner submits that the respondent-husband is drawing salary more than rs.60,000/- per month, as per copy of salary ledger for the financial years 2009-10 and 2010-11 (annexure p-8).it is argued that from august 2010 onwards, his salary has increased substantially which varies from rs.70,000/- to 90,000/-. ..... a perusal of annexure p-8 reveals that salary of the respondent-husband has increased substantially from august 2010 onwards. ..... , are made from his salary, therefore, there is no error or illegality in the orders impugned. .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) the present petition under section 482 of the code of criminal procedure is for quashing of criminal complaint no.137 of 24.10.2011, titled as 'parkash rani versus sunil kapoor', under section 12 of the protection of women from domestic violence act, 2005, pending in the court of judicial magistrate firs.class, ludhiana. ..... the sole argument raised by the learned counsel for the petitioners is that the ingredients of the domestic violence . .....
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