Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Page 92 of about 1,573 results (0.067 seconds)

R @ R vs.m.s.c.

Court : Delhi

..... she also filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (for short pwdv act) which was a false case and ultimately her complaint was dismissed vide order dated 20.01.2010; and (xii) that she had caused tremendous mental cruelty to him and had ..... in his moral and legal duty to maintain the respondent wife and their children, the respondent wife had instead of seeking appropriate legal remedies to claim maintenance for herself and her children from the petitioner husband, did not choose to do so, and instead involved the petitioner husband in a frivolous criminal proceedings, that resulted in the petitioner husband facing the ignominy of remaining in jail ..... the court of ms navita kumar, learned mm, new delhi vide order dated 10.04.2007; mat.app(fc) 74/2018 page 14 (vi) that she had also filed an application under section 12 of the pwdv act and had failed to lead any evidence in the matter and the same was also dismissed by the court of ms veena rani, learned mm, patiala house courts, south, new delhi vide judgment dated 20.01. ..... at the cost of sounding repetitive, although the respondent wife had every legal right in the book to seek protection order including residence order for herself, the fact that criminal complaint was instituted after 18 years of marriage u/s 498a/406 ipc and under the pwdv act, which lacked any substance, and it clearly smacks a kind of vendetta unleashed by her upon the petitioner husband in order to not only .....

Kamlesh Kumar Tiwari vs.kamini Tiwari

Court : Delhi

..... impugned order dated 11.04.2016 passed by the metropolitan magistrate, rejecting the application filed by the petitioner under section 25(2) of the protection of women from crl.rev.p272017 page 1 of 5 domestic violence act, 2005 (hereinafter referred to as the dv act).2. ..... 2018, during arguments it was pointed out by learned counsel for the respondent that the memo of appeal of the first round of litigation clearly showed that petitioner had taken the plea of ouster from residence in the first round and the same had been considered by the appellate court in the first round of litigation and it is so noticed in its order dated 11.03.2016.10. ..... the petitioner seeking clarification has been rejected by the supreme court and further, as noticed above, it is evident from the memo of appeal of the first round of litigation and the order of the appellate court dated 11.03.2016 of the first round of litigation, that petitioner had specifically taken a plea of ouster from residence and said plea was considered by the appellate court and rejected, i find no ground to review the ..... order dated 13.04.2018 noticed the contention of the counsel for the petitioner that this court had incorrectly recorded in its judgment dated 07.02.2018 that the plea of ouster from residence was raised and considered by the appellate court in the first round of litigation. ..... change in circumstance claimed by the petitioner was that he was ousted from the residential home and had to incur extra expenditure for taking .....

Ritu vs.sandeep Kumar Prashar

Court : Delhi

..... also filed a complaint case under section 12 of the protection of women from domestic violence act, 2005 against the respondent/petitioner and his family members on 21.02.2009 ..... facts as are relevant for the disposal of the present appeal, as made out from the record, are that on 10.12.2005, the marriage between the parties was solemnized at delhi according to hindu rites and ..... her cross-examination, she admitted to the fact that she had remained in the hospital only for 5 days, from 01.04.2007 to 05.04.2007 whereas the processes were issued subsequently, in the months of may, july and august, ..... her explanation was that she was ill and was visiting the hospital from time to time and being unavailable at home, could have had no opportunity or occasion to refuse the process of ..... subsequently, the respondent/petitioner filed for divorce on 06.11.2008, under section 13(1) (i-a), (i-b) and 13 (1-a) of the act, on the grounds of cruelty, desertion as well as non cohabitation by the parties after the grant of a decree of judicial separation, which is ..... petitioner filed a petition under section 10 of the hindu marriage act, 1955 (for short, the act ) on 19.05.2007 seeking judicial separation from his wife. ..... ) 57/2017 page 7 of 8 contemplated in section 27 of the general clauses act, 1897, to conclude that the appellant/respondent was duly served and had failed to contest ..... page 1 of 8 01.04.2007, a son was born to the parties who was suffering from a congenital heart ailment (hole in the heart).3. .....

Vipin vs.bhavna Rajput

Court : Delhi

..... and under the protection of women from domestic violence act, 2005 and that too after the appellant/husband had filed the ..... of 17.10.2014, when the respondent/wife had allegedly kicked the mother of the appellant/husband, has also not been clearly established, as recorded in the impugned judgment and nothing material has emerged from the testimony of the parties or any other evidence that would show that the conclusion drawn by the learned family court was erroneous in this regard. ..... rather, it reflects upon the conduct of the appellant/husband which shows that despite staying together, he chose to file a petition seeking divorce from the respondent/wife without revealing his real intention, to put an end to the matrimony and he had thereafter, shifted to his mother s house even though she had ..... it was the appellant/husband who had thereafter brought the respondent/wife directly from her parent s house to the rented accommodation where they stayed together for ..... cross-examination, the appellant/husband had admitted to the fact that the respondent/wife used to do the household work when they started living separately from his parents and there was no maid in his mother s house. ..... appeal has been filed by the appellant/husband being aggrieved by the judgment of the learned family court dated 31.08.2019, whereby it has dismissed his petition seeking divorce from the respondent/wife on the ground of cruelty under section 13(1)(ia) of the hindu marriage act, 1955 (in short, the act ).2. .....

Abilash v.S. Vs. Sarasan

Court : Kerala

..... (wife of the 1st respondent) has instituted ext.p-6 petition before the judicial first class magistrate's court, harippad, claiming maintenance against the 1st respondent by taking recourse to the provisions under the protection of women from domestic violence act. ..... will conduct a proper enquiry through a competent revenue official on the issue as to whether the 1st respondent is employed in the chakkulath kavu temple, thiruvalla and as to whether he has any source of income in that regard or from any other sources and the copy said report shall be made available to the petitioners as well as to the 1st respondent in order to advance their respective claims and contentions on the basis of that report as well. ..... rule 7 of the kerala maintenance and welfare of parents and senior citizens rules, 2009, framed under the above 2000 act provides that in case, despite service of notice, the opposite party fails to show cause in response to a notice, the tribunal shall proceed ex parte, by taking evidence of the applicant and making such other inquiry as it ..... through the impugned order, it appears that the tribunal has not taken recourse to the above said provisions of the act and the rules in the matter of adducing evidence to decide the issues raised in ext.p-2 application. ..... :- relation to the claim under sec.23 of the act and that the tribunal, without any materials and contrary to the aspects discernible from ext.p-1 deed, has set aside the said settlement deed in an arbitrary and .....

Satender Vs. State

Court : Delhi

..... shri vipin siroha, pw -14 (pinki's counsel) had stated that she had also preferred a complaint under the protection of women from domestic violence act, 2005 against the appellant, which too was pending before the rohini court and was scheduled for hearing on 18.10.2007. ..... pw2 in his examination-in-chief deposed that when they reached the spot they saw "from the gate which was of iron rods having gap in between that accused satender present in the court today (pointed out correctly) was hitting a lady with brick and stone pieces ..... pw-2 stated that when he and pw-1 left for the hospital no other police man from police station narela had reached the spot where the incident occurred. ..... pw-1 and pw-2 rushed to the spot; the iron rod door was bolted from inside but because of the gaps what was going on inside was visible. ..... so far as the testimony of pw- 14 is concerned this court has previously noticed that he deposed having received the telephone call; from pinky's number and also that he was her counsel. ..... the first entry in relation to this case records fir no.553/2007 and the articles seized from the deceased at the time the mlc was prepared. ..... moreover submitted learned counsel, the material placed on record also showed that calls emanated from that mobile number even after pinki's alleged death (at 3.30 pm) i.e. ..... was argued that pw-1's statement could also not be relied upon because he had deposed that having received a call from mobile no.9990951448 which according to him belonged to pinki. .....

Mini Shanmughan Vs. Shanmughan and Another

Court : Kerala

Reported in : 2012(3)KLT916; 2012(4)ILR(Ker)32; 2012(4)KLJ1

..... annexure a3 order passed in a proceeding under the protection of women from domestic violence act {for short pwdv act} is challenged in this petition, invoking the inherent jurisdiction of this court under section 482 of the code of criminal procedure ..... second proviso added to sub-section (1) of section 125 of the code by the code of criminal procedure amendment act, 2001 which came into effect on 24.9.2011 empowers the magistrate during the pendency of the proceedings to pass orders on interim maintenance directing the person liable to ..... the magistrate turned down the application by annexure a3 order holding that in a proceeding under the act, he has no jurisdiction to enforce the order awarding interim maintenance by recourse to the provisions of ..... since interim maintenance has been passed in a proceeding under the pwdv act, he has no competency and empowerment to take steps under the aforesaid sub-section of the code, is the view taken by the magistrate for not taking steps to ..... section 12 of the act, she claimed for some interim reliefs a prohibitory order against the husband to insulate her peaceful occupation of the residence, and a claim for interim maintenance for her and two children from the respondent/husband. ..... for the respondent that there is delay in completion of the proceedings, there will be a further direction to the magistrate to expedite the completion of the proceedings within a time limit to six weeks from the date of receipt/production of a copy of this order. .....

Damanreet Kaur Vs. Indermeet Juneja and Another

Court : Delhi

..... she filed a complaint case bearing no.352/3 under section 12 of protection of women from domestic violence act, 2005 alongwith an application for monetary relief under section 23 of the act. ..... learned asj vide the impugned order dated 01.06.2011 though declined the prayer of interim monetary relief to the petitioner, partly allowed the appeal and directed the respondent to pay a sum of rs.10,000/- per month from the date of filing of the petition towards contribution of the respondent to maintain the child born out of the wedlock of the parties. 3. ..... section 20 (1) (d) of pwdv act, 2005 specifies that upon appropriate proof, the court may order the respondent to pay maintenance to the aggrieved person and to her children and further permits the court to pass an order of maintenance under the pwdva in ..... she could not accept this offer as it would not be appropriate for the child to be uprooted from the place where she has been residing and due to the fact that there were visitation orders passed by the learned sessions court and had the petitioner along with the child shifted to ..... it is worth mentioning here that the child for which maintenance of rs.10,000/- per month from the date of filing of the petition has been ordered by learned addl. ..... needless to point out that a woman who is educated herself with master's degree in science, masters degree in education, would not feel herself alone in travelling from pusad to indore, when at least a bus service is available as mode of transport. .....

Smt. Aarti Pandey Vs. Varun Pandey

Court : Madhya Pradesh

..... he further said that besides this, the petitioner has also initiated the proceedings against the respondent under section 23 of protection of women from domestic violence act,2005 (in short `the act') in the court of jmfc jabalpur and on consideration of some interlocutory application in such case, the respondent has been directed to pay rs.3000/- per ..... of rs.6000/- per month but due to matrimonial dispute the respondent was not in a position to perform his work in such service in regular course consequently such institution has removed him from the service and not he is not having any regular source of income to pay the interim alimony to the petitioner and prayed for dismissal of this petition.5. ..... in the other cases and, in such premises, if the respondent has been directed to pay rs.3000/- per month to the petitioner in the proceedings of the act by the jmfc then even after passing the order in the present matter under section 24 of the hindu marriage act, the trial court as well as of the court are bound to give 4 w.p.no.1404 of 2013 direction to adjust such sum in the sum awarded by jmfc. ..... is not paid by the respondent under the proceedings of the act then the petitioner shall be at liberty to recover the sum of the interim alimony on the basis of this order from the respondent.12. ..... been apprised by the respondent counsel with any document from the record that in which manner such agreement was considered by the jmfc while dealing with the aforesaid proceeding of the act. .....

Anand J. Datwani Vs. Geeti Bhagat Datwani and ors.

Court : Delhi

..... in the plaint, it is stated that a petition was filed by defendant no.1 against the plaintiff on 10th october 2007 under section 12 of protection of women from domestic violence act 2005 ( pwdva ). ..... states that being a dutiful husband and son-in-law in good faith, even though the defendants 2 and 3 had no right, title or claim in the suit property , he agreed to the suggestion of defendant no.1 that the rent received from the second residential unit constructed on the said land should be considered as part of the defendant s share in the property and should be given to defendants 2 and 3 till december 2007.6. ..... further, interim orders were passed by the learned mm on 15th october 2007 in the presence of counsel for the plaintiff that if the plaintiff returned to india from bali, indonesia, he would have a right to enter the matrimonial house, but would not communicate, in any manner, with defendant no.1 without her desiring to do so and will move himself to a particular portion assigned to him.9. ..... the learned mm proceeded to hold that since defendant no.1 had made an admission to the above effect, and since it had been removed from the room assigned to the plaintiff, a criminal offence was prima facie committed and, therefore, summons was issued to only defendant no.1 under sections 379/411 ipc. ..... under article 54 of the schedule to the limitation act ( la ) 1963, a suit for specific performance had to be filed within the period of three years from the date fixed for performance. .....