Court : Punjab and Haryana
..... also facing prosecution under the protection of women from domestic violence act, 2005. ..... chose to withdraw the execution petition filed to enforce the decree for restitution of conjugal rights with a specific endorsement that she had proposed to initiate proceedings under the protection of women from domestic violence act, 2005. ..... is entitled to prosecute the appellant under the domestic violence act. ..... of cruelty levelled against the respondent in the petition under section 13 of the hindu marriage act, 1955 have not been established by the appellant, as rightly observed by the trial court. ..... court has rightly dismissed the petition filed by the appellant under section 13 of the hindu marriage act, 1955 and allowed the petition under section 9 filed by the respondent, it was contended. 12 ..... referring to the written statement filed in the petition under section 9 of the hindu marriage act, 1955, learned counsel appearing for the respondent submitted that there was a clear stand taken by the appellant that he was prepared to take his wife to the ..... who is the husband of the respondent aggrieved by the dismissal of his petition filed under section 13 of the hindu marriage act, 1955 praying for divorce on the ground of cruelty has preferred fao-57-m of 2006. ..... in the petition filed by the respondent under section 9 of the hindu marriage act praying for restitution of conjugal rights, she has pleaded that the appellant and his family members were not happy with the dowry articles brought by .....
Tag this Judgment!Court : Punjab and Haryana
..... patiala on 31.07.2008, under section 12 of protection of women from domestic violence act, 2005 (for short 'the act'). ..... the domestic violence act provides for a ..... 07.01.2009 restraining the husband and her father-in-law (petitioner herein) from dispossessing her from 'shared household' except in due course of law and from committing jitender kumar 2013.09.13 17:39 i attest to the accuracy and integrity of this document chandigarh crr no.2937 of 2010 (o&m) -2- any domestic violence. ..... in view of the above discussion, the petition is allowed and impugned order dated 22.09.2010 is modified to the extent that award of maintenance @ 1500/- per month from the date of application would be enforceable against respondent no.2-husband at the first instance and in case respondent no.1 is able to prove by adducing evidence/documents that it was a joint hindu family property ..... taruna batra, 2007 (3) scc 169.hon'ble supreme court held that there is no such law in india, like the british matrimonial homes act, 1967, and in any case, the rights which may be available under any law can only be as jitender kumar 2013.09.13 17:39 i attest to the accuracy and integrity of this document chandigarh crr ..... act says as under:- 2(f) domestic ..... is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act. ..... various provisions of the act in support of contention that statute has conferred distinct rights on women to claim maintenance. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is submitted on behalf of the respondent-wife that in the petition under section 12 of the protection of women from domestic violence act, 2005, the learned judicial magistrate ist class vide order dated 31.3.2008 directed the appellant-husband to pay rs.5000/- per month for maintenance and also directed him to make arrangement for accommodation of the respondent- ..... . it is not in dispute that in proceedings under the protection of women from domestic violence act, 2005, in terms of the order dated 31.3.2008 the learned judicial magistrate ist class fixed maintenance of rs.5000/- per month, besides, directed the appellant husband to arrange accommodation for the respondent-wife and in case alternative ..... . accordingly, the application of the respondent-wife under section 24 of the act is allowed to the extent that the appellant-husband shall pay the respondent-wife rs.7000/- per month as maintenance pendente lite which shall be paid from the date of filing the application which was filed on 10.2.2012 ..... the present appeal against the judgment and decree dated 05.9.2011 passed by the learned additional district judge (ad hoc).fast track court-ii, hoshiarpur in terms of which the petition under section 13 of the hindu marriage act, 1955 ( act for short) filed by the appellant has been dismissed. ..... . they had a son namely tavish from the marriage ..... . the marriage between the parties was solemnized at hoshiarpur according to hindu rites and ceremonies on 2.12.2005 .....
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..... filed a complaint against the accused u/s 12 of the protection of women from domestic violence act, 2005 and sections 406, 498-a, 376 and 120-b ipc. ..... facts and in the special circumstances of that case, it was observed that permitting the wife to continue the criminal proceedings under the domestic violence act would be travesty of justice and hence warrants quashing.11. ..... ex facie, the arguments of learned counsel that the list of dowry articles is not signed by the parties as per the requirement of the rules framed under the dowry act, there is a contradiction in the number of the accused mentioned in the impugned fir (annexure p1) and earlier complaint (annexure p3) filed by the complainant and since the petitioners have been falsely implicated, so, the impugned fir is ..... relatable to appreciation of evidence (as now sought to be urged on their behalf) and what is the effect of non-compliance of the rules framed under the dowry act, inter-alia, would be the moot points to be decided after receiving the evidence of the parties, during the course of trial by the trial court. ..... was stated to be a retired dig from railway protection force, whereas petitioner no.2 is a retired ..... of the facts and material, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, the marriage of complainant smt.shaweta d/o ashok kumar sarangal (respondent no.6) (for brevity the complainant . .....
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..... he has also argued that amount due under the orders passed by the court exercising powers pertaining to the protection of women from domestic violence act, 2005 and the orders passed by the magistrate under section 125 cr.p.c.has not been paid till date. ..... it is apparent from the fir that she has filed a petition u/s 125 cr.p.c.for maintenance besides availing remedy u/s12 of the prevention of women from domestic violence act. ..... the petitioner appears to have made best efforts possible to get rid of the complainant by seeking an ex-parte decree of divorce from uk court, which has not become final as she is taking steps to get the ex-parte decree set aside. ..... seems to have also filed a complaint against 2014.05.29 10:42 i attest to the accuracy and integrity of this document high court chandigarh crm m-3695 of 2014 2 the petitioner and his family members in the national commission for women, new delhi, alleging demand of dowry and harassment. .....
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..... order dated 29.10.2010 passed by the learned additional chief judicial magistrate, chandigarh, in a complaint filed under the protection of women from domestic violence act, 2005 (for short, ' the domestic violence act'), inter-alia, prayer is for enhancement of maintenance and also for providing residence. 4. ..... opinion, it can be resolved that whatever maintenance is finally fixed by the court in the complaint filed by the petitioner-wife under the domestic violence act, which was filed in august 2010 and the entitlement of the petitioner for maintenance under section 24 of the act is from april 2010 to august 2010, the same amount shall be payable from april 2010 onwards which will take care of the entitlement of the petitioner even under section 24 of the ..... wife as an interim measure, otherwise in the complaint under the domestic violence act, no evidence has been led in support of her claim by the ..... 7900 of 2010 pertaining to the proceedings under the domestic violence act is concerned, even in that case also no evidence has ..... as far as the petition under the domestic violence act is concerned, it was submitted that without there being any evidence on record, though the learned court below had fixed rs.4,000/- per month, still the respondent-husband at his ..... the respondent-husband is directed to pay another sum of rs.10,000/- per month as maintenance to the petitioner wife subject to final decision by the learned court below in the complaint filed under the domestic violence act. .....
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..... -- vijender singh malik, j surinder kaur, the petitioner has brought this petition under the provisions of section 407 cr.p.c.with a prayer for transfer of petition filed under protection of women from domestic violence act, 2005, bearing no.3881 of 2011 from the court of shri ajit pal singh, civil judge (senior division).chandigarh before whom it is pending to a competent court at jalandhar. ..... in that event the applicant would have to travel from chandigarh to jalandhar to attend the hearing and the applicant being a woman who has claimed to have suffered domestic violence, the aforesaid harassment to her would not be justifiable. ..... it is mentioned therein that in view of the age and duties of the petitioner, as head of department of a college, it is very difficult for her to travel every time from jalandhar to chandigarh to attend the litigation before the trial court. ..... in these circumstances, i do not find any ground for transfer of the petition from the court at chandigarh to a court at jalandhar. ..... if the petitioner has to travel to attend the hearing from jalandhar to chandigarh, the situation would be the same for the other party if the case is transferred from chandigarh to jalandhar. .....
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..... instant petition, the petitioners seek quashing of criminal complaint no.51 dated 30.5.2009 u/s 12 of the protection of women from domestic violence act, 2005 ( for short 'the act').filed by the respondent. ..... has obtained a decree of divorce on 16.1.2013 (annexure p-3).i have heard counsel for the petitioners and i am of the opinion that the proceedings of the complaint under the act, are to be treated by the judicial magistrate in accordance with the procedure prescribed in the act and the protection of women from domestic violence rules, 2006 ( for short 'the rules).after having received a notice, the petitioners are required to appear before the magistrate. ..... heard counsel for the petitioners and i am of the opinion that as per the procedure prescribed in chapter iv of the act and the rules, the relief which can be sought from the magistrate under the act, could be right to reside in a shared house hold, protection orders u/s 18, residence orders u/s 19, monetary relief u/s 20, custody orders u/s 21 and compensation orders u/s 22 of the act. ..... going through the frame work of the act and the rules, it is apparent that the petitioners have got a remedy to seek adjudication of the controvers.that the respondent is not entitled to any residence or protection orders.monetary reliefs, custody orders or compensation orders.all the pleas, taken up before this court regarding maintainability of the proceedings, can very well be taken before the court of competent jurisdiction to defeat the .....
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..... dispute in between the parties which triggered various litigations including the one filed under the protection of women from domestic violence act, 2005 (for short 'the act') bearing domestic violence case no.10 of 2013 filed in the court of learned judicial magistrate, gurgaon. ..... it would be relevant to note certain undisputed facts: (i) in domestic violence case no.10 of 2013, the petitioner moved an application under section 12 of the act (annexure p-3) seeking various reliefs. ..... case, on the application of the petitioner under section 12 of the act, the trial court passed the order dated 25.01.2014, the operative part of which reads as under:- apart from it, lodging of fir prima facie shows threat at the hands of the respondent to the petitioner, hence, protection order under section 18 is hereby passed and respondent no.1 is hereby restrained from coming at the firs.floor of the shared household wherein the petitioner ..... well as learned counsel for the respondents have no objection if the trial court after considering the reply filed by the respondents decide the application of the petitioner filed under section 12 of the act afresh even for the relief allowed vide order dated 25.01.2014, not influenced by that order or the order dated 5.2.2014 passed by the appellate court. ..... order be supplied to the petitioner free of cost, a copy to the police in charge of the concerned police station, ggn and to the protection officer be supplied as mandated by section 24 of the d.v.act. . .....
Tag this Judgment!Court : Punjab and Haryana
..... as per him, the only ground for quashing of the complaint taken is that the alleged offence under the protection of women from domestic violence act, 2005 occurred before the enactment and, therefore, the complaint was not maintainable. ..... in our view, the delhi high court has also rightly held that even if a wife, who had shared a household in the past, but was no longer doing so when the act came into force, would still be entitled to the protection of the pwd act, 2005. ..... we agree with the view expressed by the high court that in looking into a complaint under section 12 of the pwd act, 2005, the conduct of the parties even prior to the coming into force of the pwd act, could be taken in to consideration while passing an order under sections 18, 19 and 20 thereof. .....
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