Court : Punjab and Haryana
..... petitioners have filed this petition under section 482 of the code of criminal procedure, 1973 ('cr.p.c' for short) for quashing of the complaint case no.372/2/09 dated 17.8.2009 along with form-i under section 12 of the protection of women from domestic violence act, 2005 ('act' for short) (annexure p-7) as well as notice dated 3.11.2009 issued under section 12 of the said act. ..... (6) 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. ..... not m-31929 of 2009 (o&m) -6 - 12 of the act (annexure p-7) and all the consequential proceedings, arising therefrom, qua petitioners no.2 and 3, are quashed. ..... the complaint under the act was filed in april 2009. ..... court 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. ..... in the present case, respondent has filed the complaint under section 12 of the act annexure p-7. .....
Tag this Judgment!Court : Punjab and Haryana
..... this petition has been filed under section 482 of the code of criminal procedure, 1973 (cr.p.c.for short) for quashing of criminal complaint no.33 dated 19.5.2012 under section 12 of the protection of women from domestic violence act, 2005 (annexure p-1) and all the subsequent proceedings arising therefrom. ..... petitioner maltreated the respondent and asked her to bring more dowry from her parents. ..... was again given severe beatings by the petitioner and the matter was again reported to his superior officers.on 15.6.2003, petitioner again picked up a quarrel with the respondent with regard to the articles brought by her from america. .....
Tag this Judgment!Court : Punjab and Haryana
..... of the controversy, it is pertinent to mention that the trial court has assessed maintenance payable to the respondent-wife and minot daughter of the parties, as an interim measure, pending the decision of proceedings under sections 17/18/19/20 and 23 of the protection of women from domestic violence act, 2005. ..... it is a question of fact to be adjudicated upon after parties lead evidence, if respondent no.1 is guilty of withdrawing from the society of her husband. .....
Tag this Judgment!Court : Punjab and Haryana
..... ultimately the petitioner was turned out of the matrimonial home on 20.3.2012 and since then she is residing at her matrimonial home at gurgaon where she filed a complaint under the protection of women from domestic violence act,2005 which is pending before the illaqa magistrate,gurgaon. ..... it is alleged that in order to harass the petitioner, not respondent has filed the aforesaid petition under section 9 of the act at ludhiana, which is at a distance of about 400 kilometers and the petitioner neither possess sufficient means to travel such a distance not is it safe to do so. ..... in view of the above, the present petition is allowed, the petition under section 9 of the act filed by respondent husband is transferred from the court of ms.monika chauhan, civil judge (jr.div. ..... for the petitioner none for the respondent jaswant singh,j(oral).petitioner wife has filed the present transfer application under section 24 cpc for the transfer of petition under section 9 of the hindu marriage act,1955 (for short the act) filed by respondent husband from ludhiana to gurgaon. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is stated that the petitioner-wife has initiated proceedings under section 125 cr.pc as well as petition under protection of women from domestic violence act 2005 on 20.10.2012 at karnal. ..... kumar sanjay and another, air2002sc396 in view of the above, the present petition is allowed, the petition under section 12-c of the hindu marriage act, 1955 titled as deepak kapoor versus simran . ..... (oral) petitioner wife is seeking the transfer of petition filed by the respondent-husband under section 12-c of the hindu marriage act, 1955 titled as deepak kapoor versus simran . ..... pending in the court at rohtak is ordered to be withdrawn and transferred to courts of competent jurisdiction at karnal for disposal in accordance with law from the stage of withdrawal. ..... it is further stated that in order to harass the petitioner-wife respondent-husband has filed petition under section 12-c of the hindu marriage act, 1955 at rohtak. ..... from the court of learned district & sessions judge, rohtak to a court of competent jurisdiction at karnal. .....
Tag this Judgment!Court : Punjab and Haryana
..... ta6122013 2 minor son at her parental home at sangrur, where she has filed a complaint under section 12 of the protection of women from domestic violence act,2005 as also an fir on 16.7.2013 against the husband under sections 406/498-a ipc. ..... the grounds for transfer sought are that the petitioner wife is a poor lady and it is extremely difficult for her to travel from sangrur to nabha alongwith her 1- years old son to pursue the aforesaid proceedings at nabha. ..... (oral) petitioner wife is seeking transfer of a suit for perpetual injunction filed by respondent/husband seeking to restrain the petitioner and one madhva nand, si, ps kotwali,nabha from creating disturbance in his peaceful life and extending threats of false implication in dowry case/malicious prosecution, from the court of learned additional civil judge (senior division)nabha to sangrur. .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) hardeep kaur, the respondent herein, filed a complaint under section 12 of the protection of women from domestic violence act, 2005, claiming various reliefs. ..... however, petitioner tejpal singh (father-in-law of the complainant/respondent) cannot run away from his responsibility to provide a shelter or to pay rent in lieu thereof to the complainant/respondent. ..... manhandled at the time when her husband's last rites were being performed, it seems appropriate if instead of passing interim residence order, she is allowed some amount to be paid to her as rent as an interim measure as per section 19 (1) (f) of the act. . .....
Tag this Judgment!Court : Punjab and Haryana
..... c1 in the court of learned judicial magistrate ist class, ambala in proceedings under sections 12 and 17 to 22 of the protection of women from domestic violence act, 2005. ..... from the marriage, they had a son namely akshit who was born on 28.09.2001 at ambala cantt. .....
Tag this Judgment!Court : Punjab and Haryana
..... in the proceedings under the protection of women from domestic violence act, 2005 (for short 'the act of 2005') the trial court dismissed the application of respondent paramjit kaur claiming interim maintenance vide order dated 04.04.2013. ..... after ten years of that settlement in the year 2004, respondent has moved an application under section 23 of the act of 2005. ..... in appeal, the respondent was allowed interim maintenance @ `2,000 per month from the date of filing of the application. ..... during the period from 2004 to 2014, she has not claimed any maintenance. ..... the mere fact that a house has been given for residence to the son of respondent, do not defeat the right of respondent to claim maintenance from her husband. ..... writing dated 02.06.2006 whereby that house was mehta sachin 2014.05.15 17:17 i attest to the accuracy and integrity of this document chandigarh crr-1440-2014 -3- partitioned also speak of no settlement regarding a right of respondent to claim maintenance from her husband. ..... as wife, she has a right to claim maintenance from her husband. .....
Tag this Judgment!Court : Punjab and Haryana
..... section 29 of the protection of women from domestic violence act, 2005 (in short the act . ..... a relevant extract from section 29 of the act reads as follows:- appeal. ..... - there shall lie an appeal to the court of session within thirty days from the date on which the order made by the saini paramjit kaur magistrate is served on the aggrieved person or the respondent, 2014.07.18 17:41 i attest to the accuracy and integrity of this document chandigarh crl. .....
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