Court : Punjab and Haryana
..... *** present: mr.aayush gupta, advocate for the petitioners *** through the present petition, the petitioners have prayed for quashing of fir no.51 dated 10.10.2012 for offence under section 31 of the protection of women from domestic violence act, 2005 registered at police station, moti nagar, district ludhiana on the basis of compromise (annexure p-2).notice of motion for 13.12.2013. ..... officer as and when required; ii) they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer; and iii)they shall not leave india without the previous permission of the court. ..... officer as and when required; (ii) she shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer; and (iii) she shall not leave india without the previous permission of the court. ..... officer as and when required; (ii) they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer; and (iii) they shall not leave india without the previous permission of the court. ..... direction to official respondents to protect his life and liberty from respondent nos.4 and 5 .....
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..... it is averred that the petitioner wife has filed a petition under section 12 of the protection of women from domestic violence act, 2005, which is pending in the court of learned jmic, bathinda and the respondent has already caused appearance in ..... after hearing learned counsel for the petitioner and taking into account the fact that the petition filed by the petitioner-wife under domestic violence act is already pending at bathinda, i find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must ..... the above, the present petition is allowed, the petition under section 9 of the act, titled gurdas monga versus simran from the court of learned civil judge (sr.division).mansa is ordered to be withdrawn and transferred to the district courts, bathinda for disposal in accordance with law from the stage of withdrawal. ..... ) for restitution of conjugal right, titled gurdas monga versus simran from the court of learned civil judge (sr.division).mansa to the court of competent ..... that in order to harass the petitioner-wife, the respondent husband filed a petition under section 9 of the act which, as noticed above, is pending in the court at mansa. ..... j (oral) petitioner wife has filed the present transfer application under section 24 cpc for the transfer of petition filed by respondent husband under section 9 of the hindu marriage act,1955 (for short the act . .....
Tag this Judgment!Court : Punjab and Haryana
..... the complainant is still ready to resume cohabitation with the petitioner but the petitioner is adamant not to settle her in the matrimonial home despite her legal right under section 17 of the protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Punjab and Haryana
..... has been non- suited by the learned additional district judge, sirs.for the reason that she is a recipient of ` 2000/- per month with effect from 17.9.2011 by an order passed by the learned judicial magistrate, 1st class, sirs.in a petition under section 12 of the protection of women from domestic violence act, 2005 passed on 23rd july, 2012. ..... was eminently maintainable and called for an independent decision keeping in mind the amounts already awarded in the domestic violence proceedings and dovetailing that amount and deducting that amount in the final dispensation of just maintenance awardable. ..... at best, the matrimonial court can factor in the maintenance awarded under the special act in awarding interim maintenance to the wife under section 24 paritosh kumar201408.04 11:10 i attest to the accuracy and integrity of this document cr-4770-2014 :2: of the hma in the light of the current income and status of the ..... an order of maintenance passed under the aforesaid special act does not bar an application under section 24 of ..... proceedings or that she was unable to produce any evidence to establish increase in income of the husband after passing of the maintenance order in 2012 justifying enhancement, is also not a valid ground to throw out the application from the court window. ..... this petition is directed against the order dated 21st may, 2014 passed by the learned additional district judge, sirs.on an application filed by the wife under section 24 of the hindu marriage act, 1956. .....
Tag this Judgment!Court : Punjab and Haryana
..... argued that interim maintenance granted to the respondent is excessive amount and secondly on the ground that respondent is already taking interim maintenance @ `3,000/- per month, which has been ordered by learned magistrate in petition under protection of women from domestic violence act 2005 (for short dv act . ..... as regarding the averments in the order that this maintenance is in addition to the interim maintenance granted in other proceedings under section 12 of dv act, 2005, it is clarified that it is for the learned judicial magistrate ist class or the executing court to see whether both the maintenance, as per law, can be claimed. ..... it is for the judicial magistrate to decide that amount of interim maintenance of `3,000/- granted in petition under section 12 of dv act, 2005, is to be recovered or is to be adjusted in the amount of maintenance granted in petition under hma. ..... keeping vineet gulati201408.20 17:27 i attest to the accuracy and integrity of this document chandigarh cr no.5241 of 2014 -2- in view the income of the petitioner, the interim maintenance of `4,000/- under section 25 of hindu marriage act (hma) granted to the respondent and `3,000/- under section 26 of hma granted to minor daughter, in no way can be held as excessive. ..... the judicial magistrate may decrease or increase the amount in the dv act or that maintenance may be only upto the disposal of that petition. .....
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..... petitioners have filed this petition under section 482 of the code of criminal procedure, 1973 for quashing of the complaint no.23/09 dated 11.11.2008 under section 12 of protection of women from domestic violence act, 2005 ('act' for short) (annexure p-1) and all the subsequent proceedings arising therefrom. ..... complaint no.23/09 dated 11.11.2008 under section 12 of the act (annexure p-1) and all the consequential proceedings, arising therefrom, qua petitioner no.1, are quashed. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is also contended that at sirs.there are two other cases pending, one is a complaint filed under protection of women from domestic violence act, 2005 and another is for alleged offence under section 498a ipc. 2. .....
Tag this Judgment!Court : Punjab and Haryana
..... she also filed a petition under section 12 of the protection of women from domestic violence act, 2005. ..... so far as argument of learned counsel for the petitioner that act of sexual intercours.was committed without her consent is concerned, the same also cannot be accepted as it has been rightly observed by learned additional sessions judge that bare perusal of section 376 ipc shows that sexual ..... it is also contended that act of sexual intercours.was committed with her by respondent-accused without her consent and hence, offence under section 376 ipc is made out. .....
Tag this Judgment!Court : Punjab and Haryana
..... ritu bahri, j this petition is for quashing of complaint no.125-2/2010 dated 12.5.2010 under sections 12/18/19/20/22/23 of the protection of women from domestic violence act, 2005 (annexure p-4) and the summoning order dated 12.5.2010 (annexure p-8).the petitioner got married to respondent no.2 on 26.4.2002 at moradabad (up) according to hindu rites and rituals. ..... respondent no.2 has filed a petition under section 13 of the hindu marriage act, for dissolution of marriage. .....
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..... has been filed for quashing of complaint no.106 dated 11.07.2007 (annexure p14) and summoning order dated 18.12.2012 (annexure p18) pending in the court of judicial magistrate, bhiwani pertaining to proceedings initiated under section 12 of the protection of women from domestic violence act, 2005. ..... the trial magistrate (additional chief judicial magistrate, bhiwani) passed order dated 18.12.2012 issuing process to the respondents through protection officer, bhiwani. ..... rajesh wife of anup singh (respondent herein) filed the aforesaid petition seeking to provide accommodation in the residential house of the respondents (petitioners herein) situated at village ajitpur, tehsil and district bhiwani and respondent to be restrained from alienating the said house. .....
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