Court : Punjab and Haryana
..... it is further averred that that petitioner- ta no.652 of 2012(o&m) #2# wife has initiated proceedings under section 125 cr.pc for maintenance and criminal proceedings under section 406, 498-a ipc at ludhiana and also under the protection of women from domestic violence act. ..... it is further stated that due to harassment for dowry, the petitioner wife was thrown out of from her matrimonial home on 03.07.2011 and since then she is residing with her parents at her parental home at ludhiana where minot girl was born on 20.11.2011. ..... transfer application under section 24 of the code of civil procedure for the transfer of petition under section 9 of the hindu marriage, 1955 filed by respondent husband for restitution of conjugal rights titled as puneet chopra versus urvashi from the court of learned district judge(family court).ambala to the court of competent jurisdiction at ludhiana. ..... 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 ambala. ..... in view of the above, the present petition is allowed, the petition under section 9 of the hindu marriage act, 1955 titled as puneet chopra versus urvashi . ..... pending in the court of learned district judge (family court).ambala is ordered to be withdrawn and transferred to courts of competent jurisdiction at ludhiana for disposal in accordance with law from the stage of withdrawal. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is averred that petitioner-wife has filed proceedings under section 12 of the protection of women from domestic violence act, 2005 as well as under section 125 of the cr.pc for grant of maintenance for herself and for the minot daughter at karnal. ..... it is further averred that it is very difficult for the petitioner- wife to pursue her case at jind which is at a distance of 90-100 kms from karnal as there being no male member to accompany her to jind. ..... (oral) petitioner wife has filed the present transfer application under section 24 of the code of civil procedure for the transfer of divorce proceedings under section 13 of the hindu marriage act, 1955 initiated by respondent-husband titled as devender singh versus manju . ..... in view of the above, the present petition is allowed, the petition under section 13 of the hindu marriage act, 1955 titled as devender singh versus manju . ..... pending in the court at jind 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. ..... to harass the petitioner-wife and as a counter blast, respondent mahajan vinay 2013.07.20 14:33 i attest to the accuracy and integrity of this document at chandigarh ta no.84 of 2013(o&m) #2# husband has filed the proceedings under section 13 of the hindu marriage act at jind. ..... from the court at district jind to the court of competent jurisdiction at karnal. .....
Tag this Judgment!Court : Punjab and Haryana
..... subsequent thereto, the petitioner in the year 2008 filed a complaint under protection of women from domestic violence act, 2005 (in short 'the act') against her parents in-law and others which is pending in the court of judicial magistrate at amritsar. ..... the complainant on his visit to amritsar on 08.01.2009 went to the shop and found the material missing and on inquiry from his son, the complainant was pushed out of the shop and extended threats to kill him. ..... the petitioner has initiated proceedings under sections 12, 18, 19, 20 and 21 of the act arraigning her parents in-law along with vinay goel and seema goel as respondents which are statedly pending in the court. ..... when he inquired about the same from his son telephonically, he (son) threatened to kill him in case he visits the shop. ..... offences and she has been indicted in the crime because of dispute between her father-in- law on one hand and her husband on the other and more so that the petitioner initiated proceedings under the act. ..... allegations against the petitioner making her jointly liable for alleged misappropriation of those stocks by her husband as the petitioner earlier initiated criminal proceedings in the year 2002 and later filed a petition under the act. .....
Tag this Judgment!Court : Punjab and Haryana
..... filed by the complainant against the petitioner and his parents & sister u/ss 12, 18, 19, arvind kumar sharma 2014.05.22 16:26 i attest to the accuracy and integrity of this document chandigarh crm no.m-34081 of 2012 3 20, 22 and 23 of the protection of women from domestic violence act, 2005, containing similar allegations, is also pending in the court of jmic. ..... a swift car, household articles, two ring, weighing 450 grams and 600 grams, have already been recovered by the police from the petitioner on 25.5.2012, during the pendency of petition for anticipatory bail before additional sessions judge. ..... in the light of aforesaid reasons, taking into consideration the totality of the facts & circumstances, emanating from the record, as discussed here-in-before and without commenting further anything on merits lest it may prejudice the case of either side during the course of trial of main case, the instant petition for ..... at the very outset, the learned state counsel, on instructions from asi kashmir singh, has acknowledged the relevant factual matrix and submitted that the petitioner has already joined the investigation & he is no longer required for further interrogation ..... another aspect of the matter, which can be viewed entirely from a different angle. ..... as is evident from the record that the marriage of complainant rajeev kaler, advocate, daughter of ajmer lal kaler, was solemnized with the petitioner on 29.11.2009 according to hindu rites & ceremonies at sohal shahnai resort, gt road, .....
Tag this Judgment!Court : Punjab and Haryana
..... though it is the right of the wife under section 17 of the protection of women from domestic violence act to stay in the shared residence but on account of denial of said right she had raised a grievance. ..... mere notice and offer for resuming cohabitation is nothing but an act of camouflage to put-forth gupta sanjay 2014.07.18 14:22 i attest to the accuracy and integrity of this document high court chandigarh crm m-35061 of 2013 [4].excuse to seek benefit under section 438 cr.p.c.no extraordinary exceptional circumstances exist to grant ..... it was argued that it is the unreasonable demand of the complainant to stay away from the parents of the petitioner which has resulted in discord. ..... i have considered all the circumstances of the case and i am of the opinion that the objective of section 498 a ipc would be defeated in case despite grave allegations of a wife regarding acts of physical and mental cruelty leniency is shown to the husband. ..... such a suspicion and allegations is sufficient enough to compel the complainant wife to remain away from the matrimonial home. ..... accuracy and integrity of this document high court chandigarh crm m-35061 of 2013 [3].april 11, 2014, but subsequently complainant informed that she has not been provided requisite dignity and was compelled to stay way from the matrimonial home. .....
Tag this Judgment!Court : Punjab and Haryana
..... passed by the additional sessions judge, panchkula whereby the appeal preferred by the petitioner against order dated 08.07.2013 passed by the chief judicial magistrate, panchkula in petition under section 12 of the protection of women from domestic violence act, 2005 (in short 'the act') awarding interim maintenance @ rs.14,000/- per month has been dismissed. ..... 17:36 i attest to the accuracy and integrity of this document crr-2577-2013 2 the respondent (petitioner herein) is directed to pay the interim allowance of rs.14,000/- per month to the petitioner (respondent herein) from the date of filing of the petition for her interim medical allowance, maintenance allowance of herself including her daughter, education allowance of her daughter and other livelihood expenses. ..... wife of petitioner anurag mohan agnihotri filed an application under section 12 of the act seeking maintenance as well as residential accommodation for herself and the minor daughter ..... application crm-12746- 2014 for placing on record details of expenses incurred by the petitioner from june, 2012 till march 2014. ..... 3, 5 and 6, he sought to adjust the payments in respect of electricity and water bills, school fees, ration expenses, health insurance premium, medicine bills etc.from the arrears qua maintenance. ..... from the calculations, it becomes evident that the petitioner has not cleared arrears of maintenance in compliance with directions of this court rather sought to justify his action by raising certain claims which .....
Tag this Judgment!Court : Delhi
..... a complaint under section 12 of the protection of women from domestic violence act, 2005 by the appellant. ..... a continuous period of not less than two years immediately preceding the presentation of the petition; (emphasis by us) after the amendment, the ground for desertion for claiming divorce under section 13(1)(ib) of the hindu marriage act, 1955 requires that one of the spouse who has been deserted by the other for a continuous period of two years immediately preceding the date of the presentation of the divorce petition is entitled to a decree of ..... in view thereof, we direct as follows :- (i) the appellant-wife is held entitled to maintenance which is quantified as follows : (i) with effect from the date of institution of the petition till 26th february, 2014 till the passing of this judgment rs.3,000/- per month (ii) maintenance with effect from the date of passing of the present judgment rs.7,500/- per month (iii) towards rental rs.2,500/- per month (ii) in addition, so far as the maintenance for the child is concerned, ..... the appellant-wife shall be additionally entitled to the following: (i) with effect from the date of institution of the petition till 26th february, 2014 rs.2,000/- per month (ii) maintenance with effect from 26th february, 2014 (date of the family court order) till the passing of the present judgment. .....
Tag this Judgment!Court : Mumbai
..... on 27th december 2012 the petitioner also filed a proceeding under sections 12, 18, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the court of additional chief metropolitan magistrate, 40th court at girgaum, mumbai being cc no.637/ss/2012, [hereinafter referred to as "dv act proceedings"]. ..... taking totality of the facts and circumstances of the case into consideration especially the deposits and withdrawals of amounts by the respondent as disclosed from the bank statement and debit card statements and statement made by the respondent in his reply in the dv act proceedings, in my opinion, the ends of justice would be met if the respondent is directed to pay to the petitioner interim maintenance @ rs.1 lac per month from the date of the impugned order. 19. ..... act 2005, the respondent denies that the applicant has been subjected to any expense or loss suffered in monetary terms. ..... act 2005 the respondent submits that this prayer of the applicant has to be taken into consideration in the light the suit which the respondent has filed against the applicant in the family court at new delhi seeking ..... this writ petition arises from an interim maintenance proceedings under section 18 of the hindu adoptions and maintenance act, 1956. .....
Tag this Judgment!Court : Delhi
..... she has also filed a petition under section 12 of the protection of women from domestic violence act, 2005 (in short dv act ) before the court of ld. ..... pursuant to this settlement, the respondent no.2 had withdrawn her petition filed under section 12 of the dv act from the court of ld.mm-02, mahila court, west district, tis hazari courts, delhi on 21.04.2016. ..... at the time of second motion, the respondent no.2 also received further a sum of rs.1,50,000/- from the petitioner no.1 by pay order. ..... ) no.1221/2017 page 2 of 4 had received an amount of rs.1,50,000/- from the petitioner no.1 by pay order. ..... under section 12 of the dv act. .....
Tag this Judgment!Court : Delhi
..... respondent no.2 had also filed a petition under section 12 of the protection of women from domestic violence act, 2005 (in short dv act ) before the court of learned mm, mahila court, rohini court, delhi. ..... the respondent no.2 submits that she had withdrawn her petition filed under section 12 of the dv act from the court of ld.mm, mahila court, delhi. ..... resultantly, the respondent no.2 left the matrimonial home and she started living with her parents with effect from 8th february, 2015. ..... she confirms having received the entire settlement amount of rs.9,00,000/- from the petitioner no.1. ..... under section 12 of the dv act and under section 125 of cr.pc. .....
Tag this Judgment!