Court : Mumbai
..... respondent no.1 has filed proceedings under the protection of woman from domestic violence act, 2005 (hereinafter referred to as domestic violence act ) in the metropolitan magistrates 27th court ..... in fact, the provisions of section 19 of the domestic violence act indicate that the magistrate would have an option either to restrain the respondents before him from dispossessing the wife from the 'shared household', or directing the respondents to secure same level of alternate accommodation for her, or to pay rent for the same, should the ..... under section 12 of the domestic violence act, the respondent no.1 prayed for several reliefs including the residence order, under section 19 of the said act. ..... expressed his inclination to provide alternate accommodation to the respondent no.1 as contemplated under clause (f) of section 19(1) of the domestic violence act. ..... their lordships have considered the definition of 'shared household' as given in clause (s) of section 2 of the domestic violence act. ..... hearing the parties, dismissed the said application holding, inter alia, that the said flat could not be termed as a 'shared household' within the meaning of clause (s) of section 2 of the domestic violence act. ..... their lordships further observed as follows: no doubt, the definition of 'shared household' in section 2(s) of the act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not lead .....
Tag this Judgment!Court : Punjab and Haryana
..... :- domestic violence act, 2005 (hereinafter mentioned as the 2005 act) the court concerned has already ordered him to pay rs.4,500/- per month as rent (of the premises to be provided to the wife) and has also been ordered to pay yet another rs.4,000 ..... it is claimed by the revision petitioner/non-applicant- husband that in a separate proceeding under the protection of women from kadyan vinod kumar 2014.05.28 18:20 i attest to the accuracy and integrity of this document chandigarh civil revision no.4078 ..... bharat bhushan parsoon, j.having married non-applicant/petitioner-husband vikrampal singh on 27.9.2009 and having a daughter born on 12.8.2010 from this marriage, the applicant-wife by way of application under section 24 of the hindu marriage act, 1955 (hereinafter referred to as the act) in a petition for divorce under section 13 of the act preferred by non-applicant/husband, had sought interim maintenance for herself and the child, which was granted to the extent of rs.2,500/- ..... merely because in an application under section 23 of the 2005 act, the court of sub divisional judicial magistrate, anandpur sahib vide its order of 22.2.2013 had assessed monthly income of the respondent as rs.8,000/-, there was no impediment in assessing the income of the husband afresh particularly when in her application (annexure p-2) under section 24 of the act, applicant-wife had categorically mentioned income of the husband from a private job in a kadyan vinod kumar 2014.05.28 18:20 i attest to .....
Tag this Judgment!Court : Mumbai Nagpur
..... 07-10-2013 he sent a legal notice and thereafter received a notice from wife under the protection of women from domestic violence act, 2005. 12. ..... on the basis of evidence on record it is clear that conduct of the husband in suspecting the character of wife, physically assaulting and harassing her as she was coming home late from work place due to the nature of her job are the facts duly established amounting to cruelty and wife is entitled to a decree of divorce on the ground of cruelty. 21. ..... the next significant factor in the case on hand is that petition for divorce under section 13-b of the hindu marriage act was filed by the husband and wife before the court at amravati but according to husband as access to child was denied he refused for divorce by mutual ..... the trifle issue she called her mother and brother at pune who straightway went to police station and threatened him that if he refuses his wife to act according to her wish she would commit suicide and put him in jail. ..... was called by her brother on phone and anyhow she could manage to escape from the house and reached the police station. ..... respondent however went on shifting his job from place to place and appellant used to ..... not the case of husband that his signature on petition under section 13-b of the hindu marriage act was obtained by force, fraud or coercion. ..... according to wife respondent is suffering from inferiority complex and due to constant ill-treatment it is not possible for her to pull on in the company of .....
Tag this Judgment!Court : Delhi
..... for which she issued a public notice dated 9.11.2014 in the daily viraat vaibhav and that she has also filed a complaint under section 12 of the protection of women from the domestic violence act, 2005, against the defendants i.e ..... the rate of mesne profits being computed at the rate of rs.25,000/- per month, in the absence of any specific denial qua the license charges that can be recovered for the property in question from any person be at the rate of rs.25,000/- per month, having not been specifically refuted by the appellants, it is apparent that there is no substantial question of law that arises in the facts and circumstances ..... orders of the learned trial court passing the decree of permanent injunction is without the hands of from it at rsa102019 page 29 of 50 any fault as the owner of the property is entitled to protect her possession and to prove her apprehension no evidence is required.13 ..... .-in this act, unless the context otherwise requires,-- (8) benami property means any property which is the subject matter of a benami transaction and also includes the proceeds from such property; (9) benami transaction means,-- (a) a transaction or an arrangement (a) where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and ..... . 20.01.2005 from the appellants till the suit property was vacated for the mesne profits/rental charges of use by the appellants to the respondent without calling for any .....
Tag this Judgment!Court : Delhi
..... disposed of the application filed by the respondent under section 23 of the protection of women from domestic violence act (in short dv act) and awarded maintenance to the respondent (petitioner before the trial court) of ..... power under crl.rev.p3432018 page 4 of 5 section 23 of the dv act, when a substantive petition under section 12 of dv act was filed and chose to pass an order only when a separate application under section 23 of the dv act was filed, does not mean that a magistrate does not have the power to pass an order with effect from the date of filing of the substantive petition under section 12, which in this ..... learned counsel for the petitioner submits that in april, 2015 after filing of the petition under dv act, there was a settlement between the parties and the parties had resided together and the petitioner has undertaken to bear all ..... the dv act, respondent has specifically stated that the petition under section 12 is to be read with section 19, 20 and 23 of the dv act and she has specifically claimed maintenance from the petitioner.16 ..... trial court has erred in awarding maintenance from the date of filing of the petition under crl.rev.p3432018 page 1 of 5 section 12 of the dv act and has not restricted the same to the date of filing of the application under section 23 of the dv act.4. ..... the arguments of learned counsel for the petitioner that maintenance could not have been awarded from the date prior to the date of filing of application under section 23 of the dv act. .....
Tag this Judgment!Court : Delhi
..... family related to the father of the husband of the complainant, who were not in anyway residing in the shared household of the complainant s husband to be members of the intra family of the husband to make them culpable under the protection of women from domestic violence act, 2005 nor under section 406/498a of the indian penal code, 1860. ..... came with a knife in his hand and told her that he would kill her by inflicting it upon her if she did not leave the house and at about 10.00 pm, she was threatened that she would be thrown from the roof of the house, whereafter she informed the police and the police got her medically examined and fir no.2was registered at ps govindpuri under sections 342/323/5of the indian penal code ..... and sent all those persons out of the room, whereafter, her husband and in-laws became further adverse to her and did not look after her nor her child even after her discharge from the hospital and crl.m.c.4416/2015 page 2 of 18 her husband and her in-laws told her that they would never let her live with peace in the house and thereafter, her sister-in-law ..... of a definition of "husband" to crl.m.c.4416/2015 page 12 of 18 specifically include such persons who contract marriages ostensibly and cohabit with such woman, in the purported exercise of their role and status as "husband" is no ground to exclude them from the purview of section 304-b or 498- a ipc, viewed in the context of the very object and aim of the legislations introducing those provisions. .....
Tag this Judgment!Court : Karnataka
..... revision is against the order of the appellate court in an appeal against an order passed by the magistrate in a misc execution case in a proceeding under the protection of women from domestic violence act.19. ..... during the pendency of the said petition, the husband/petitioner suffers a stroke resulting in 75% disability, due to which, he had resigned from his work and on the ground that the husband has not paid maintenance, to recover arrears of maintenance, the wife/respondent initiates execution petition seeking execution of the ..... acceptance letter this refers to the email dated 22 may 2015, sent by priyanka sengar (your sister) on your behalf, resigning from the services of the company and the subsequent discussions we had over phone. ..... the duration of maintenance covers the period of disability of the husband right from its beginning till today, except for a few months prior to the ..... in the teeth of the disability of the petitioner who also suffers from cognitive dysfunction, the trial court ought to have allowed the application seeking recall of the order of maintenance and restricted the recall up to the date on which the ..... india private limited sd/- reshma b s sr.executive hr ops (emphasis added) therefore, on and from the husband suffering disability he has remained outside employment. ..... serious disability or ill health of a spouse, child/children from the marriage/dependent relative who require constant care and recurrent expenditure, would also be a relevant consideration .....
Tag this Judgment!Court : Karnataka
..... revision is against the order of the appellate court in an appeal against an order passed by the magistrate in a misc execution case in a proceeding under the protection of women from domestic violence act.19. ..... during the pendency of the said petition, the husband/petitioner suffers a stroke resulting in 75% disability, due to which, he had resigned from his work and on the ground that the husband has not paid maintenance, to recover arrears of maintenance, the wife/respondent initiates execution petition seeking execution of the ..... acceptance letter this refers to the email dated 22 may 2015, sent by priyanka sengar (your sister) on your behalf, resigning from the services of the company and the subsequent discussions we had over phone. ..... the duration of maintenance covers the period of disability of the husband right from its beginning till today, except for a few months prior to the ..... in the teeth of the disability of the petitioner who also suffers from cognitive dysfunction, the trial court ought to have allowed the application seeking recall of the order of maintenance and restricted the recall up to the date on which the ..... india private limited sd/- reshma b s sr.executive hr ops (emphasis added) therefore, on and from the husband suffering disability he has remained outside employment. ..... serious disability or ill health of a spouse, child/children from the marriage/dependent relative who require constant care and recurrent expenditure, would also be a relevant consideration .....
Tag this Judgment!Court : Jharkhand
..... 12 of the protection of women from domestic violence act, 2005 on 24.08.2016 before ..... ram, premchand sao, upendra paswan, arbind paswan and bishwanath paswan are directed to surrender in the court below within four weeks from the date of this order and in the event of their arrest or surrender, the court below shall enlarge the petitioner no ..... in that view of the matter, the above named petitioner is directed to surrender in the court below within four weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named petitioner, on bail, ..... a position to engage lawyer for conducting her before the court below, otherwise this court provide one lawyer from the panel of the jharkhand legal services committee, she replied that she has already engaged lawyer. ..... the above named appellant is directed to surrender in the court below within four weeks from the date of this order and in the event of her arrest or surrender, the court below shall enlarge the above named appellant, on bail, ..... the above named appellant is directed to surrender in the court below within four weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named appellant, on bail, ..... the above named appellant is directed to surrender in the court below within four weeks from the date of this order and in the event of his arrest or surrender, the court below shall enlarge the above named appellant, on bail, .....
Tag this Judgment!Court : Delhi
..... extent that the defendant no.1 filed a petition under section 12 of the protection of women from domestic violence act, 2005 on 10.10.2007.5. ..... the other hand the defendants have denied all the allegations of the plaintiff and it is alleged by the defendant no.1 that the suit property was purchased by her from her own funds in the year 1989 that is 5 years before solemnization of her marriage with the plaintiff in the year 1994 and the suit property is duly ..... a perusal of section 22 of the act shows that a bhumidar has the right to exclusive possession of the land in his holding and to use it for any purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming and section 23 prevents a bhumidar from using the land in his possession for purposes other than agriculture except with ..... it is quite clear from the various provisions of the act detailed above that a bhumidar do not have ..... act a bhumidar is debarred from affecting any lease of his land unless he is a disabled person within the meaning of section 36, of the act ..... a property ceases to be an agricultural property if it is not used for agricultural purposes and the defendant is estopped from contending that the suit property is an agricultural land covered by the delhi land reforms act. ..... from the aforesaid definition of the word land, it is evident that the term land within the delhi land reforms act necessarily means the land occupied for the purpose of agriculture, horticulture, .....
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