Court : Punjab and Haryana
..... ).petitioners pray that complaint bearing no.99/2 dated 20/23.4.2010 filed by vaishali paul under section 12 of protectioin of women from domestic violence act, 2005 (annexure p1) be quashed. ..... 2010 and have nothing to do with the day to day kant nirmal 2014.01.23 16:53 i am the author of this document high court chandigarh crm-m no.9900 of 2012 2 activities in the matrimonial home of the complainant but it comes out from the perusal of the complaint that the complainant has levelled very specific and serious allegations against the petitioners therein to the effect that petitioners.along with the husband of the complainant have been .....
Tag this Judgment!Court : Delhi
..... it appears that crl.m.c.367/2016 page 1 of 4 subsequently the petitioners moved an application under section 25 (2) of the protection of woman from domestic violence act (in short dv act ) for reduction of the quantum of maintenance. ..... by an order dated 22.12.2014, the application under section 25 (2) of the dv act along with the application for taking into consideration subsequent events was dismissed by the trial court.3 ..... 81/2014, filed by the petitioners, the trial court was directed to dispose of the said application moved under section 25 (2) of the dv act and to execute the order of grant of maintenance subsequent to that. ..... application moved under section 25 (2) of the dv act shall be disposed of taking into consideration all the subsequent developments after hearing respective contentions of the parties on merits ..... it seems that another application for taking into consideration subsequent events after filing the application under section 25 (2) of the dv act was filed on 17.05.2014. ..... the learned metropolitan magistrate dismissed the said application by the impugned order dated 19.12.2015 observing that no application under section 25 (2) of the dv act was pending. ..... this arrangement will continue till the disposal of the application under section 25 (2) of the dv act. ..... it appears that the trial court did not take into consideration the factum of handing over the custody of the child by the complainant to the petitioners while disposing application under section 25 (2) of the dv act. .....
Tag this Judgment!Court : Delhi
..... harass the appellant and his family members, the respondent filed a complaint under section 12 of the protection of woman from domestic violence act, 2005. ..... the written statement that it was her lawful right to invoke the provisions of domestic violence act for seeking redressal of her grievances and she had simply exercised that right. ..... the very first night of their marriage she made a disclosure about her love affair and when she refused to cohabit with him and, thereafter, denied him his conjugal rights with effect from december, 2005 and also when she deserted him on 27.12.2007, yet the family court had held that no specific plea has been made by the appellant to prove cruelty and he had failed to ..... the appellant/husband s plea that the respondent/wife had refused to cohabit with him with effect from december, 2005 was also rightly disbelieved by the learned family court on the grounds that it was again a bald ..... abusive and had insulted the appellant and his family members in front of others or that she had refused to cook food for him or offer him even a glass of water on his return from work, would not be sufficient to constitute an act of cruelty unless and until specific instances showing such conduct of the respondent/wife are pleaded or mat.app. ..... affair with another person due to which the marriage could not be consummated for a considerable period of time; the fact that she had refused to cohabit with him with effect from december, 2005, till she left the matrimonial home. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... as such, the petitioner constrained to file petition under section 12 of the protection of woman from domestic violence act, (for short the act ).3. ..... in the present case, the appellate court gone into the validity of the marriage and set aside the order of maintenance passed under section 12 of the act, which is beyond its jurisdiction and hence, it is liable to be set aside.11. ..... the courts while dealing with the maintenance matters, either under section 12 of the act or under section 125 of cr.p.c. .....
Tag this Judgment!Court : Kerala
..... the said complaint was filed by the first respondent under section 12 of the protection of woman from domestic violence act. ..... on such condition, the petitioner will surrender before the court within ten days from today and if an application for bail is submitted, the same will be considered by the court preferably on the same date of surrender and appropriate orders will be passed. ..... learned counsel for the first respondent submits that more than rs.15 lakhs is due from the petitioner as per the order passed by the court below.5. ..... the arrears is sought from 11.1.2012 to 11.4.2012. ..... the petitioner will pay an amount of rs.24,000/- to the first respondent and produce proof of the same before the court after effecting payment within a week from today. .....
Tag this Judgment!Court : Punjab and Haryana
..... that the respondent shall withdraw the complaint filed by her under section 12 of the protection of woman from domestic violence act, 2005 pending before the ld.j.m.i.c. ..... to mean the publication, whether by words, spoken or written or by single or by visible representations, or otherwise of any matter or the doing of any other act whatsoever which scandalizes or tends to scandalize or lowers or tends to lower the authority of any court or prejudice or interferes or tends to interfere with the due cours.of any judicial proceedings or interferes or tends to interfere with or obstructs or tends to obstruct ..... in the entire conduct of the contemner is a clear attempt to mislead the court, obstruct the cours.of justice and subvert the legitimate process of law to defeat the rights of the wife flowing from the settlement and undertaking given to this court. ..... (viii)that fir no.53 dated 1.2.2012 under section 66(1) i.t.act, 2000 and section 292 ipc registered against the respondent by the father of the deponent shall also not be pursued and steps shall be taken to have it quashed/ ..... (iii) that the custody of the son (d.o.b.12.8.2005) of the deponent and the respondent would remain with the deponent and he shall have complete responsibility of singh daljit 2014.03.26 10:48 i attest to the accuracy of this document cocp no.359 of 2014 -2 looking after the ..... need not however, wander into this arena as the parliament has enacted the contempt of courts act, 1971 and defined contempt of court . .....
Tag this Judgment!Court : Delhi
..... he alleged that respondent no.2 had instituted a complaint under protection of woman from domestic violence act, 2005 before metropolitan magistrate, delhi wherein on 2.3.2012, he was directed to pay interim maintenance of rs. ..... accordingly, trial court has rightly passed a decree of arrears of rent on the admitted rent of rs.6,000/- per month with effect from 01.02.2012 till 28.02.2014, when the possession of suit property was handed over to respondent no.1.11. ..... 3,000/- per month to respondent no.2 subject to the condition of removal of articles from the tenanted premises after breaking open the lock in the presence of the investigating officer on 03.03.2012 ..... on 03.03.2012 he removed all his goods and belongings from the suit premises and handed over possession to respondent no.1 ..... a clear admission of fact can be culled out from the above fact is that physical possession of the suit premises was not handed over to the respondent no.1 in the month of march 2012, as the same continued to remain with respondent no.2 ..... air2005sc2765 supreme court held that order 12 rule 6 of the code is enacted for the purpose to expedite the trials and if there is any admission on behalf of the defendants or an admission can be inferred from the facts and circumstances of the case without any dispute, then in such a case, in order to expedite and dispose of the matter such admission can be acted upon.9. ..... a clear cut admission on these facts can be inferred from the pleadings and other material on record. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is stated that the petitioner has filed a complaint under section 12 of the protection of woman from domestic violence act, which is pending in t.a.no.655 of 2012 (o&m) #2# the court at kapurthala. ..... in view of the above, the present petition is allowed, the petition under section 9 of the act titled karamjit singh versus harinderjit kaur from the court of learned civil judge (sr.division).hoshiarpur is ordered to be withdrawn and transferred to the district courts, kapurthala for disposal in accordance with law from the stage of withdrawal. ..... it is further stated that in order to harass the petitioner-wife, the respondent husband filed a petition under section 9 of the act which, as noticed above, is pending in the court of learned civil judge (sr.division).hoshiarpur. ..... ) for restitution of conjugal right, titled karamjit singh versus harinderjit kaur from the court of learned civil judge (sr.division).hoshiarpur to the court of competent jurisdiction at kapurthala. ..... penny for the upkeep and maintenance of petitioner wife and minot child and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at hoshiarpur, which is about 90 kms away from kapurthala. ..... jaswant singh, j (oral) petitioner wife has filed the present transfer application under section 24 cpc for the transfer of petition filed by respondent husband under section 9 of the hindu marriage act,1955 (for short the act . .....
Tag this Judgment!Court : Jharkhand
..... for the offence punishable under section 304(b) of the indian penal code, under section 3/4 of the dowry prohibition act and under section 3 of the protection of woman from domestic violence act. ..... submitted that on own showing of the complainant the petitioner no.1 himself had taken the deceased to imphal and when she was suffering from vomiting the petitioner no.1 had got her immediately treated in regional institute of medical sciences, hospital at imphal on 20.07.2014. ..... 2 to 9, above named, are directed to surrender in the court below within a period of three weeks from today and on their so surrendering they shall be -3- released on bail on furnishing bail bonds of rs.10000/- (rupees ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned ..... moreover the death certificate also reveals that the deceased was suffering from vomiting and death was on account of cardio-respiratory arrest, multiple ..... substantiated by the prescription issued by the doctor treating the deceased in regional institute of medical sciences, hospital at imphal on 20.07.2014, which clearly depicts that the daughter of the complainant was suffering from vomiting and blood was also found present in the same. ..... the allegations made in the first information report, in which it has been opined that she died on account of cardio-respiratory arrest, multiple organ failure and she was also suffering from dengu positive while she was carrying pregnancy of 3 months. mr. .....
Tag this Judgment!Court : Mumbai
..... passed.2.though the petition is not expressly stated to be filed under the provisions of the protection of women against domestic violence act (dv act), the substantial interim reliefs are available to the wife under it and it is gratifying to note that the learned judge has impliedly treated the interim application as one also under the dv act and granted reliefs.3.the wife s essential case is that her husband is an inveterate and ..... therefore, expressly excludes the consideration of ownership rights as a condition for determining whether or not a particular property is a shared household.26.the dv act grants protection to women in a shared household (or matrimonial home) in case of any domestic violence perpetrated upon her therein.27.under the relevant portion of section 3 of the dv act, domestic violence is defined inter alia as the omission or commission or conduct of the respondent which:(a) harms or injures or endangers the health, safety, life ..... under section 1(1) of the said act, an injunction could be issued restraining the other party from molesting the applicant or her children as also from excluding the other party from the matrimonial home or any part thereof and from permitting the applicant to enter into the matrimonial home or any part thereof.under section 2 of the said act, where an injunction restraining violence or excluding the other party is ..... appi reddy 2005 3 scc 313, since prior to the enactment of the dv act, in this case the wife has claimed and been .....
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