Court : Punjab and Haryana
..... in the present case, the complainant alongwith her minor child is being compelled to stay away from matrimonial home despite her legal right under section 17 of the protection of women from domestic violence act, 2005. ..... counsel for the petitioner has taken the protection of section 468 cr.p.c.laying down a bar for taking cognizance after the lapse of the period of limitation. ..... it is claimed by him that the sentence of 3 years is prescribed for the offence under sections 406, 498 a ipc as such the period of limitation for taking cognizance of the offence in the present case would be 3 years from the date of commission of offence. .....
Tag this Judgment!Court : Punjab and Haryana
..... gupta sanjay 2014.05.28 15:18 i attest to the accuracy and integrity of this document high court chandigarh crm m-5060 of 2014 [3].i have considered the said contention in context to provisions of section 17 of the protection of women from domestic violence act,2005, which entitles a married lady to right of residence. ..... he has also argued that the complainant had been suffering from some hormonal disease for which she was asked to undergo tests but she intentionally did not agree to undergo the tests. .....
Tag this Judgment!Court : Punjab and Haryana
..... 4.2012 under sections 406,498-a,323,506 and 34 ipc,ps karnal city and a complaint under the protection of women from domestic violence act,2005. ..... jaswant singh,j(oral).the wife is seeking transfer of the petition filed by the respondent husband under section 9 of the hindu marriage act,1955 (for short the act) for restitution of conjugal rights before the learned family court at hisar to a court of competent jurisdiction at karnal. ..... kiran saini pending in the court of distt.judge (family court)hisar is ordered to be withdrawn and transferred to the court of competent jurisdiction at karnal for disposal in accordance with law from the stage of withdrawal. ..... in view of the above, the present petition is allowed, the petition under section 9 of the hindu marriage act,1955 titled as vijender saini v. .....
Tag this Judgment!Court : Punjab and Haryana
..... this order of 18.4.2012 had been passed by the judicial magistrate first class, shaheed bhagat singh nagar on an application under section 12 of the protection of women from domestic violence act, 2005 wherein she had sought many reliefs in her favour, including payment of monthly maintenance and payment of a room for her residence in the matrimonial house in village sajawalpur. ..... first class, shaheed bhagat singh nagar to re-appraise the entire issue keeping in the view the evidence available on record, potentiality of the husband to pay and the needs of the wife, within a period of one month from the date of receipt of a certified copy of this order in accordance with law.7. ..... given in sub-section (s) and sub-section (f) respectively of section 2 of the act, it is claimed that notwithstanding the fact that the house is owned by her mother-in-law, the wife still has a right to reside in such a house because at one point of time she along with her husband had ..... and domestic relationship . ..... by way of modification of the impugned order, she seeks increase in her maintenance amount from rs.1500/- to rs.2,000/- p.m. .....
Tag this Judgment!Court : Punjab and Haryana
..... code of criminal procedure for setting aside order dated 27.01.2014 (annexure p3) passed by the judicial magistrate ist class, amritsar whereby the defence of the petitioner has been struck off in proceedings under section 12 of the protection of women from domestic violence act 2005 (in short 'the act') for failure to file the reply. .....
Tag this Judgment!Court : Punjab and Haryana
..... by the judicial magistrate ist class, tohana on mamta cr-2983-2014 2 2014.05.19 10:33 i attest to the accuracy and integrity of this document 28.11.2013 granting interim allowance of rs.4,500/- per month to the respondent/wife in proceedings which arose from proceedings initiated by the respondent wife under the protection of women from domestic violence act, 2005, was not brought to the notice of the family court. ..... if this was the position then the petitioner would be at liberty to bring this fact to the notice of the matrimonial court for it to consider making a suitable deduction from the maintenance awarded by the matrimonial court so that both the orders can co-exist happily. .....
Tag this Judgment!Court : Punjab and Haryana
..... dated 20.2.2013 and dated 14.6.2010 passed by the additional sessions judge, fast track court (ad hoc).jalandhar and sub divisional judicial magistrate, nakodar whereby the application filed by the petitioner under section 12(1) of the protection of women from domestic violence act, 2005 (for short the act . ..... ) for an order of residence in terms of section 19 of the act was dismissed by the trial court and the appeal filed before the court of sessions was partly allowed by granting monthly rent of rs.4000/- under section 19(f) of the act. .....
Tag this Judgment!Court : Punjab and Haryana
..... by the learned additional sessions judge, karnal on an application filed by them under order 7 rule 11 of the code of civil procedure, 1908 [for short the cpc ].the respondent/wife had filed complaint under section 12 of the protection of women from domestic violence act, 2005 [for short the act ].the said application was dismissed by the judicial magistrate ist class by his order dated 4.3.2014. ..... then filed criminal revision against the said order and it was also dismissed by the additional sessions judge, karnal on the ground that there is no limitation prescribed for filing the application under section 12 of the act. .....
Tag this Judgment!Court : Punjab and Haryana
..... , the petitioners have assailed the order dated 10.1.2013 passed by chief judicial magistrate, kaithal whereby the respondent has been awarded monthly maintenance @ rs.3,000/- from the date of institution of the application under section 23 of the protection of women from domestic violence act, 2005 as well as the custody of the minot child has been given to her, as also the order dated 20.2.2013 passed by learned additional sessions judge, kaithal whereby the order dated 10.1.2013 has been upheld, however, ..... therefore, from no stretc.of imagination, it can be appreciated that the maintenance granted to the respondent-wife is excessive from any angle. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is further averred that that petitioner- wife has initiated proceedings under the protection of women from domestic violence act, 2005 at bathinda wherein the respondent- husband is already appearing. ..... it is further stated that in order to save his skin, the respondent-husband has filed a petition under section 9 of the hindu marriage act for restitution of conjugal rites before the court at sirsa. ..... in view of the above, the present petition is allowed, the petition under section 9 of the hindu marriage act, 1955 titled as prem kumar versus sunita rani . ..... pending in the court of learned district judge, sirs.is ordered to be withdrawn and transferred to courts of competent jurisdiction at bathinda for disposal in accordance with law from the stage of withdrawal. ..... from the court of learned district judge, sirs.to the court of competent jurisdiction at bathinda. .....
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