Court : Mumbai Aurangabad
..... filed by sonali , so also, the proceeding under protection of women from domestic violence act, 2005. ..... of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white-collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest. 31. ..... of minor victim pw 10 came to be recorded after examining her competency to testify in terms of provisions of section 118 of the indian evidence act by putting her some preliminary questions in order to understand whether she is in a position to give rational answers to those questions because of her ..... shri dhorde, learned senior counsel appearing for the applicant/accused, after pointing out the relevant dates coming on record from the evidence of informant pw-7 manoj deore, contended that the minor victim girl was having tons of opportunity to disclose the incident to ..... the code of criminal procedure as such cannot be invoked as a disguise for a retrial in such a case after not availing an opportunity to enter upon defence as seen from the verdict of the hon'ble apex court in the matter of rambhauand another v/s state of maharashtra reported at (2001) 4 scc 759. 20. ..... of sonali manoj deore, she was not in company of the minor victim girl from 3.5.2009 to 22.7.2009 as said minor victim girl was left at the house of sunanda deore paternal .....
Tag this Judgment!Court : Supreme Court of India
..... , the protection of women from domestic violence act, 2005, hindu marriage act, 1955 and hindu adoptions and maintenance act, 1956, and criteria for determining quantum of maintenance, date from which maintenance is to be awarded, enforcement of orders of maintenance ..... this court even requested the national legal services authority to submit a report on the suggestions received from the state legal services authorities for framing guidelines on the affidavit of disclosure of assets and liabilities ..... by the high court shows that the amount of maintenance awarded to the appellant was reduced from 20,000/- to 7,500/- per month, merely noticing that earlier, the respondent was in business ..... child/children or any other dependent family member is suffering from life-threatening diseases, which would entail expensive and regular ..... in foreign currency of such applicant/spouse, duly supported by relevant documentation of employment and income from such foreign employer or overseas institution by way of employment letter or testimonial from foreign employer or overseas institution or latest relevant bank statement.3. ..... at the same time, the respondent husband cannot be absolved from his liability and responsibility to maintain his son pranav till he ..... i understand that any false statement in this affidavit, apart from being contempt of court, may constitute an offence under section 199 read with sections 191 and 193 of the indian penal code punishable with imprisonment up to seven years and 13 .....
Tag this Judgment!Court : Karnataka
..... the respondent had filed c.misc.no.48 of 2010 before the learned iii additional civil judge and jmfc, mysuru under the provisions of protection of women from domestic violence act, 2005 (hereinafter referred to as 4 the dv act for the sake of brevity) and got an ex-parte order, directing the appellant to arrange for a house and also got issued a non-bailable warrant against the appellant. ..... pronouncements by the hon ble apex court make it clear that it cannot be considered as wrong on the part of the husband, to take advantage to file a petition seeking decree of divorce and the husband could not have been barred from invoking section 27(2)(ii) of the act of 1954 for non compliance of the directions for restitution of conjugal rights.30 ..... . similar to the amendment to section 13 of the act of 1955 by insertion of sub section (1-a) by act no.44 of 1964 with effect from 20/12/1964, section 27 of the act of 1954, was also amended by insertion of sub section (2) clauses (i) and (ii) by act 29 of 1970 with effect from 23 12/08/1970 ..... . the objective with which the amendment act 29 of 1970 was introduced with effect from 12/08/1970 is to be borne in mind while considering this relevant provision under the enactment.29 ..... . section 27 of the act of 1954 was renumbered as sub section (1), clauses (i) and (j) were omitted and section 27(2) (i) and (ii) of the act of 1954 was inserted by act 29 of 1970 with effect from 12/08/1970 .....
Tag this Judgment!Court : Delhi
..... the learned single judge, apart from the contempt proceedings, also passed an order holding that the orders passed by the metropolitan magistrate and the additional sessions judge in the proceedings initiated by the appellant under the protection of women from domestic violence act, 2005 (hereinafter called the d.v.act), insofar as they dealt with the aspect of custody in respect of liam, to be null ..... to interfere with, the due course of any judicial proceeding; or (iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner; xxxxx xxxxx xxxxx xxxxx xxxx it will be seen from the aforesaid definition that an act which scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court would amount to criminal contempt. ..... returning to the impugned order we find, from the very first paragraph thereof, that the petition was filed under sections 10 and 12 of the contempt of courts act, 1971 read with article 215 of the constitution of india, with the allegation that the appellant had deliberately and wilfully disobeyed the orders dated 30.09.2010 and 05.04.2011 passed by the guardianship ..... this would be clear from examining the definition of criminal contempt as appearing in section 2(c) of the contempt of courts act, 1971 which is to the ..... act before the metropolitan magistrate and on 13.10.2011, the appellant took liam from school and produced him before the metropolitan magistrate in the .....
Tag this Judgment!Court : Delhi
..... in the year 2008 filed criminal complaint against the respondent / landlady resulting in arrest of the respondent / landlady and which prosecution is still pending; v) that the respondent / landlady had herself filed complaint under the protection of women from domestic violence act, 2005 against her husband and her sons; vi) that the respondent / landlady is not the owner of the shop in the tenancy of the petitioners / tenants; vii) that property no.2344, tilak bazar, delhi vested in the custodian ..... , in the impugned order, has found that the aforesaid facts did not disentitle the respondent / landlady from an order of eviction under section 14(1)(e) of the act and thus declined leave to defend to the petitioners / tenants, reasoning i) that in the face of the admissions of the petitioners / tenants, of their father having taken the shop in their tenancy on rent from sansar chand and of having paid rent to the respondent / landlady on the basis of power of attorney dated ..... 9th january, 1980 executed by sansar chand in her favour, the respondent / landlady was the owner within the meaning of section 14(1)(e) of the act of the shop in the tenancy of the petitioners / tenants; ii) reliance was placed on ramesh chand vs. .....
Tag this Judgment!Court : Delhi
..... respondent s counsel informs that the application under section 12 of the protection of woman from domestic violence act, 2005 is pending before the trial court at the stage of final hearing and the matter is coming up for hearing before the trial court today at 2 p.m.... ..... quashing of impugned order as well as the complaint under the protection of woman from domestic violence act, 2005 is sought on merits. ..... 512/2017 the challenge in this petition is to impugned order of 22nd december, 2016 which restrains petitioner from approaching the complainant in any manner by physically being in the presence of the complainant within the distance of 20 meters, or any other place where the complainants are working as the both parties are said to be residing in crl. m.c. .....
Tag this Judgment!Court : Delhi
..... respondent s counsel informs that the application under section 12 of the protection of woman from domestic violence act, 2005 is pending before the trial court at the stage of final hearing and the matter is coming up for hearing before the trial court today at 2 p.m.... ..... quashing of impugned order as well as the complaint under the protection of woman from domestic violence act, 2005 is sought on merits. ..... 512/2017 the challenge in this petition is to impugned order of 22nd december, 2016 which restrains petitioner from approaching the complainant in any manner by physically being in the presence of the complainant within the distance of 20 meters, or any other place where the complainants are working as the both parties are said to be residing in crl. m.c. .....
Tag this Judgment!Court : Delhi
..... on record by the petitioner for her contention of being in possession of room marked a in the plan, which is filed with the list of documents with the plaint, is the status report filed by the protection officer in the proceedings under the protection of woman from domestic violence act.15. ..... that before filing of the present suit, the petitioner had also filed a complaint under the protection of woman from domestic violence act. ..... 2001 (3) scc739) and as such we need not dilate thereon further as to the burden and standard of proof vis- a-vis the contempt of courts act suffice it to record that powers under the act should be exercised with utmost care and caution and that too rather sparingly and in the larger interest of the society and for proper administration of the justice ..... the standard of proof, be it noted that a proceeding under the extraordinary jurisdiction of the court in terms of the provisions of the contempt of courts act is quasi-criminal, and as such, the standard of proof required is that of a criminal proceeding and the breach shall have to be established beyond ..... the said status report reiterates that on the last visit, the protection officer had visited the premises and found that the complainant has two rooms and ..... it is further stated that as far as the status report filed by the protection officer is concerned, it is a manipulated report and cannot in any manner be relied upon to conclude that the petitioner was, at any stage, in exclusive possession of more than .....
Tag this Judgment!Court : Madhya Pradesh
..... the provisions of protection of woman from domestic violence act, 2005 (hereinafter it will be referred to as 'the act'). ..... legal mistake has been committed by the learned principal judge, family court, jabalpur that he applied the provisions of domestic violence act, 2005 in the application filed under section 125 of the cr.p.c. ..... she did not say that any divorce took place with her husband from any court or by any customary arrangement and therefore, if any marriage was performed between the parties then, it cannot be said to be a valid marriage in the eye of law because in hindu marriage act, bigamy is not permitted and therefore, no married woman can marry with another man, without taking any divorce ..... , she was not the wife of the applicant at all and therefore, she could not get any maintenance amount from the respondent under the - 8 - criminal revision no.534 of 2011 provisions of section 125 of the cr.p.c. ..... after considering the submissions made by the learned counsel for the parties, it is apparent from the evidence adduced by the parties that the marriage if at all took place between the applicant and the respondent is not material in the present case because the respondent pushpa (p.w.1) has accepted in para 14 ..... that the principal judge of family court could grant the relief under the act, where the application was filed under section 125 of the cr.p.c. ..... applicant was an old aged person and the respondent was a house maid, who was a domestic assistant with the applicant. .....
Tag this Judgment!Court : Mumbai
..... is the husband against whom maintenance order has been passed u/s.20 of the protection of woman from domestic violence act (dv act). ..... the court held that the penalty for the breach is provided only in section 31 of the dv act and the court held that nbw cannot be issued for the breach of a protection order and arrest cannot be directed by issuing nbw before the magistrate takes cognizance of the offence u/s.31(1) of ..... the provisions of the crpc relating to maintenance as also the dv act which are beneficial legislations for protection of women such as the respondent wife in this case are required to be construed such as to benefit those persons for whom they are enacted ..... an interim protection order passed u/s.23(1) of the dv act was breached. ..... of the dv act runs thus: (1) an aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: 5. ..... she has drawn my attention to section 28 (2) of the dv act which runs thus: nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section ..... further argued on behalf of the petitioner that the issue of that warrant would be as per form 18 of the crpc which is the warrant for imprisonment for failure to pay maintenance u/s.125 of the crpc which is different from the form for nbw issued by the learned magistrate. 14. .....
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