Court : Delhi
..... in the district court, could have easily ascertained the nature of the proceedings and about the steps required to be taken therein, if not from her counsel, also from her colleagues in the district court; (ix) that the parties are in litigation for several years, before several foras including under the protection of women from domestic violence act, 2005 and prosecution of the respondent/husband under sections 498a, 406 and 34 of the ipc; (x) that no mileage could be taken by the petitioner/wife ..... was, (i) that a new counsel for the petitioner/wife entered appearance on 29th january, 2018; (ii) that the petitioner/wife is working as dak peon with the district court and the daughter of the parties is suffering from sugar and thyroid and the petitioner/wife is taking care of the said daughter; and, (iii) that the petitioner/wife was not aware of the requirement to file written statement within a period of 90 days.6. ..... however, on enquiry, whether the petitioner/wife throughout the same period was on leave from her employment in the district court, the answer is in the negative. ..... the respondent/husband has filed the proceedings, from which this petition arises, for dissolution of marriage with the petitioner/wife, under sections 13(1)(i-a) and 13(1)(i-b) of the hindu marriage act, 1955. .....
Tag this Judgment!Court : Delhi
..... the petitioner submits that respondent had crl.rev.p6512017 page 1 of 4 also initiated proceedings under section 12 of the protection of women from domestic violence act, 2005 (dv act for short) in which by order dated 03.02.2017 interim maintenance of rs. ..... learned counsel for the petitioner submits that calculated from 03.08.2015 at the rate of rs.3000/- till 30.04.2019, petitioner is liable to pay a total sum of rs.1,32,000/- out of which rs.66,000/- has already been paid in dv act proceedings and rs.50,000/- has been paid in terms of the impugned order passed in the section 125 cr.p.c proceedings and accordingly a sum of rs.16,000/- is ..... it is clarified that a final order passed by the court either under section 125 cr.p.c or under the dv act would be a relevant crl.rev.p6512017 page 3 of 4 consideration by the other court for adjudication of the proceedings ..... counsel for the respondent further points out that by order dated 03.02.2017 in the dv act proceedings, the court has already directed that any maintenance paid by the petitioner would be ..... in terms of the order passed by the mahila court in the dv act proceedings, a sum of rs.66,000/- has already been paid till date.5. ..... has been fixed which is to be paid from the date of filing of the said petition ..... of rs.3000/- has been fixed, the amount paid by the petitioner in these proceedings under section 125 crpc should be taken into account for adjustment towards maintenance to be paid by the petitioner in the dv act proceedings.6. .....
Tag this Judgment!Court : Delhi
..... an application filed the respondent under section 12 of the protection of women from domestic violence act, 2005, an amount of rs.40,000/- has been fixed as interim ..... neither appropriate nor desirable that a court simply states that maintenance should be paid from either the date of the order or the date of the application in matters of ..... requires the court to consider making the order for maintenance effective from either of the two dates, having regard to the relevant facts ..... (2008) 9 scc632held that the high court was not right in holding that as a normal rule, the magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance. ..... 3 of 5 that from the time the wife starts residing separately from her husband, she can claim maintenance from him .12. ..... for the court to award maintenance from the date of the order there have to be compelling circumstances for the court to take ..... 2018 scc online del 12448; crl.m.c.3647 of 2014 has been held that the maintenance is to relate back to the date of the application and not from the date of the order.11. ..... of maintenance is to afford a subsistence allowance to the wife, who is not able to maintain herself, then the award normally should be from the date of the application. ..... counsel for the petitioner is that since the respondent was already receiving a sum of rs.15,000/-, the order should not have related back to the date of the application but should have been from the date of the order.6. .....
Tag this Judgment!Court : Delhi
..... the petitioner filed the subject petition under the protection of women from domestic violence act 2005.5. ..... the concept of sustenance does not necessarily mean to lead the life of an animal, feel like an unperson to be thrown away from grace and roam for her basic maintenance somewhere else. ..... 103/2015 page 5 of 7 an order from the court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds.18. ..... the arrears shall be payable from the date of filing of the application before the trial court i.e. ..... the respondent is directed to clear the entire arrears of maintenance in three equal monthly instalments with the first instalment being payable within two weeks from today. ..... as expounded by the supreme court in bhuwan mohan singh (supra) applies on all fours to the grant of maintenance under the dv act.19. .....
Tag this Judgment!Court : Delhi
..... in the suit premises but had taken a false stand that he was not residing there in support of his plea that the suit premises was not a shared household of the appellant within the ambit of the protection of women from domestic violence act, 2005 ( d.v. ..... learned counsel for the respondent no.1, on instructions from the said respondent, submits that she will withdraw her claim for mesne profits and damages for the period during which the appellant had continued to reside in the suit premises. ..... learned counsel for the respondent no.1, on instructions from the respondent no.1, submits that the said respondent and her husband are very fond of their granddaughter and in case the appellant occasionally entrusts her in their care and custody during the day, they ..... learned counsel for the respondent no.2, on instructions from the respondent no.2 who is present in court, submits that though the draft of the proposed lease deed has already been finalized, in case the lease is not executed or not extended subsequently for any reason whatsoever, ..... act or in case the parties rfa4482019 page 5 of 7 arrive at any other amicable settlement. ..... act for short) thereby disentitling her to continue to reside in the suit premises. .....
Tag this Judgment!Court : Delhi
..... had been treated with utmost cruelty by the respondent/husband and his family members due to which she was compelled to file complaints against them with the caw cell and under section 12 of the protection of women from domestic violence act, 2005. ..... on occasions, the respondent/husband and his family had to perform the sacrifice of cocks and goats in the name of meera baba and jainka baba to bring out the appellant/wife from under the influence of such babas and which he agreed to perform under fear and in the hope that he could bring some normalcy in his marital life. ..... the facts of the case are that the respondent/husband had filed the petition for divorce on the grounds of cruelty under section 13 (1) (ia) of the hindu marriage act, 1955 pleading inter alia that the appellant/wife was given to strange behaviour, which created a fear in his mind and his family, so much so that his elder brother had threatened to leave the joint ..... it was alleged that due to the said acts of the appellant/wife, she had a miscarriage, which caused mental agony to the respondent/ ..... facts of the present case are distinguishable from those in rafiq & another. ..... denied that she had returned to the matrimonial home on the assurance given by her parents that such conduct would not be repeated as no such acts had been committed by her. ..... moreover, as is evident from a perusal of the impugned judgment, it is not as if the appellant/wife did not have an opportunity to cross examine the respondent/husband and his .....
Tag this Judgment!Court : Delhi
..... the parties also came to be involved in certain other cases including the petition under section 12 of protection of women from domestic violence act, 2005 and another petition under section 125 cr.p.c. ..... the learned counsel on both sides having taken instructions from their respective clients, jointly submit for record their mutual agreement and understanding that the minor child of the parties i.e. ..... she further confirmed that in terms of the said settlement, she has to receive from the first petitioner a total sum of rs. ..... no.995/2019 page 6 of 8 dacoity, financial or economic frauds, cases under arms act, etc. ..... instituted by the second respondent, the first petitioner also having filed a petition for divorce under section 13 of hindu marriage act, 1955. ..... from out of the wedlock, a girl child named rishita took birth on 21.10.2015. ..... act - or matrimonial dispute or family dispute , genuine resolution on equitable terms, in entirety, by the parties should result in criminal proceedings being quashed. .....
Tag this Judgment!Court : Supreme Court of India
..... prashant ojha1 observed: this is an unfortunate case where the provisions of the protection of women from domestic violence act, 2005 are rendered simply a pious hope of the parliament and a teasing illusion for the appellant . ..... , the protection of children from sexual offences act, 2012 (for short pocso act ), has been throttled at the threshold by the exercise of power under section 482 of the code of criminal procedure, 1973 (for short cr.p.c. ..... articles 3 (2) and 34 of the convention have placed a specific duty on the state to protect the child from all forms of sexual exploitation and abuse.15. ..... be that as it may in view of the decision in shankar kisan rao khade s case (supra) holding non-reporting of such a crime as serious and in view of the position obtained from a conjoint reading of sections 19(1) and 21 of pocso act, such persons are also liable to be proceeded with, in accordance with law. ..... the said order was challenged before the high court and the high court allowed the appeal and granted him protection from page 6 of 28 arrest. ..... certainly, such provisions are included in with a view to ensure strict compliance of the provisions under the pocso act and thereby to ensure that the tender age of children is not being abused and their childhood and youth is protected against exploitation.12. ..... failure to report regarding the commission of the offence under the pocso act despite knowledge about the same is the accusation against the respondent revealed from the charge-sheet. .....
Tag this Judgment!Court : Supreme Court of India
..... apart from that, there is a complaint filed by her under the protection of women from domestic violence act, 2005 which is also pending in the court of the judicial magistrate at solan. ..... criminal case which is fixed in the other matters pending in the courts at solan, himachal pradesh; and (iv) on a formal application being made by the respondent-husband, the transferee court will grant exemption to the respondent-husband from personal appearance, subject to the condition that whenever the said court passes an order requiring his personal presence, he shall personally remain present in the court. ..........................j. ..... moreover, in a criminal case arising out of matrimonial dispute, the court can always grant exemption from personal appearance to the accused and his presence transfer petition (c)no.1770/2021 4/7 can be procured only when it is absolutely necessary. ..... the wife transfer petition (c)no.1770/2021 1/7 has filed a maintenance petition under section 18 of the hindu adoption and maintenance act, 1956 which is pending before the additional district judge at solan, himachal pradesh. ..... this court noticed that that apart from the husband, there were other accused in the case which were not made parties to the transfer petition. ..... in exceptional cases where the facts are glaring, a departure can be made from this normal rule.7. .....
Tag this Judgment!Court : Supreme Court of India
..... application no.4622 of 2016 under section 12 of the protection of women from domestic violence act, 20053 before judicial magistrate, gautam budh nagar, wherein an application seeking interim maintenance had also been filed by her under section 23 of the pwdv act. ..... therefore, we are of the opinion that while the interest of the appellant-wife to be compensated needs to be protected through a one-time settlement, this is a fit case to exercise the discretionary powers vested in this court under article 142 of the constitution of india and to dissolve the marriage ..... also apparent from the record that complaint for cruelty, hurt, and dowry demand against the respondent was registered by the appellant within the first 11 months of their marriage followed by an application seeking protection under section 12 of pwdv act filed by ..... respondent has vehemently contested this and has impressed upon his submission that the daughter is appellant s child from her previous marriage and she had received rs.40 lakhs as permanent alimony in that case towards the maintenance of the ..... by the respondent, the proceedings in application no.4622 of 2016 under section 12 of pwdv act and criminal application no.41/2019 under section 31(1) of pwdv act were transferred to tis hazari courts, delhi vide order dated 13.08.2021 passed by this court ..... interim maintenance is now closed with the dissolution of the marriage, the interest of the wife still needs to be protected so that she does not suffer financially. .....
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