Court : Punjab and Haryana
..... under section 12 of the prevention of women from domestic violence act, 2005 (for short the act . ..... section 12 under chapter iv of the act deals with application to magistrate seeking one or more reliefs under the act, that is to say: (i) right to reside in a shared household (section 17) (ii) protection order (section 18) (iii) residence orders (section 19) (iv) monetary reliefs (section 20) (v) custody orders (section 21) (vi) compensation orders (section 22) (vii) power to grant interim and ex parte orders (section 23) section 28 of the act deals with procedure and a relevant ..... . it is argued that the respondent left the matrimonial home in the year 2007 and lodged proceedings under section 12 of the act in the year 2012 with an intent to wreak vengeance and cause harassment to the petitioners and others.respondent no.2 is working as a teacher and has sufficient ..... . counsel for the petitioners is fair enough to concede that in proceedings under section 12 of the act for claiming any of the aforesaid reliefs, the presence of the respondent(s) therein cannot be procured by coercive means i.e.warrants (bailable or non-bailable).it is also not denied that personal appearance ..... employment at kurukshetra, there is no question of her residing in the alleged shared household in muzaffarnagar and this fact alone is sufficient to show that the proceedings initiated by the respondent under section 12 of the act are nothing but abuse and misuse of process of law thus, liable to be quashed .....
Tag this Judgment!Court : Kerala
..... it is also to be noticed that the victim had earlier filed a complaint against the father under the domestic violence act. ..... it is difficult to understand how section 11(i) of protection of children from sexual offences act can be attracted as far as the petitioner is concerned. ..... at any rate, according to the petitioner, by no stretch of imagination, section 11(i) of protection of children from b.a.no.5559/2013 2 sexual offences act can be attracted as far as the petitioner is concerned. ..... petitioner is 2nd accused in crime no.1573/2013 of ollur police station who is alleged to have committed the offences punishable under sections 323, 341, 354, 506(i) read with section 34 of indian penal code and section 11(i) of protection of children from sexual offences act, 2012. ..... there can be no doubt regarding the fact that the petitioner being the mother of the victim is bound to take necessary steps to protect the minor girl. ..... learned public prosecutor opposed the petition and pointed out that the investigation is going on and that the petitioner being mother of the victim was bound to take steps as are necessary to protect her minor girl.4. ..... according to her, there has been series of litigations between the petitioner and her husband and she always attempted to protect the de facto complainant. .....
Tag this Judgment!Court : Supreme Court of India
..... combating violence against women and domestic violence addresses ..... is a major undergoes inter-caste or inter-religious marriage with a woman or man 28 who is a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence, and that anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law ..... the sanction of the constitutional law and once that is recognized, the said right 11 (1994) 3 scc56937 needs to be protected and it cannot succumb to the conception of class honour or group thinking which is conceived of on some notion that remotely ..... the state of haryana has filed an affidavit denying the allegations made against the state and further stating that adequate protection has been given to couples by virtue of the order of the high court and district courts and sometimes ..... in the field that deal with specific circumstances, is to view the scenario from the prism of pragmatic ground reality as has been projected and to act within the constitutional parameters to protect the liberty and life of citizens. ..... from the stand taken by the concerned states, it is perceivable that the authorities, while denying the incidences being visible, do not dispute the sporadic happenstance of such occurrences and speak in a singular voice by decrying such acts .....
Tag this Judgment!Court : Allahabad
..... it is contended that now proceedings under section 12 of the domestic violence act in case no.310 of 2010 smt. ..... kirit gupta versus alok kumar gupta and others under section 12 of the domestic violence act, p.s. ..... it is contended that the opposite party no.2 has also initiated proceedings under section 498-a and 3/4 dowry prohibition act, which was challenged by the applicants by way of filing criminal application no.11865 of 2010 and this court vide order dated 29.04.2010 referred the matter to the mediation centre.2. ..... after depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. ..... 10,000/- within two weeks from today with the mediation centre of which 50% shall be paid to the opposite party no.2 for appearance before the mediation centre.5. .....
Tag this Judgment!Court : Punjab and Haryana
..... she had filed a petition under section 12 of the domestic violence act and also a petition under section 125 cr.p.c. ..... the facts first, ananya thakur filed a complaint saying that she got married to yogesh kumar and had filed a protection petition apprehending danger which was allowed on 18.05.2012. ..... it also does not appear from the record that the concession granted to respondent no.1 had been abused in any manner. ..... she contacted him as he was helping women in distress. ..... it was noted that the complainant had suppressed some material from the court i.e. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... facts giving rise to this petition are that the respondent herein, being husband of the applicant, on arising some matrimonial dispute between them, filed the aforesaid civil suit under section 13(1)(ia)(ib) of the hindu marriage act, 1955 for decree of divorce in the family court, sagar, while at the instance of the applicant, a criminal case under section 12 of the protection of women from domestic violance act, is pending in the court of jmfc bhopal. ..... if on the above or other relevant considerations, the court feels that the plaintiff or the defendant is not likely to have a `fair trial' in the court from which he seeks to transfer a case, it is not only the power but the duty of the court to make such order. ..... , by allowing this petition, the above mentioned civil suit no.61-a/09 pending in the family court, sagar is hereby ordered to be transferred from such court to the family court bhopal for its further trial and adjudication. ..... also argued that he is paying the interim alimony and the expenses of the litigation as directed by the trial court, therefore, there is no necessity to transfer the case from sagar to any other court of bhopal and prayed for dismissal of this petition.6. ..... this petition is preferred by the applicant/wife under section 24 of the cpc for transferring the civil original suit no.61-a/09 filed by the respondent/husband under section 13(1)(ia)(ib) of the hindu marriage act, 1955 in the family court sagar, from such court to the competent court at bhopal. .....
Tag this Judgment!Court : Andhra Pradesh
..... no.5 of 2008 was filed on the file of viii additional chief metropolitan magistrate for protection orders under sections 18 to 20 and 22 of domestic violence act, 2005 and the order of the magistrate, dated 30.09.2008, granting monthly maintenance @ rs.3,000/- to the wife and rs.2,000/- each to the children ..... restitution of conjugal rights filed by him was granted in his favour in directing him to provide separate residence and means for their living together and even the wife not joined, she is justified from the subsequent consequences supra of husband living with one saritha and he blessed with female child which are also proved by exs.a.58 and a.59 marked during the course of her evidence in the m.c. ..... dated 10.10.2012, and he claims that he has no employment, and thereby having no means to provide maintenance; that also can be negated for he being an engineer and got income from other source and got immovable properties and receiving rents from immovable properties and in a position with sufficient means and thereby by negating the said contention and holding him liable for the amount of rs.1,00,000/- being arrears due, however granted time ..... same as a just ground for the wife to refuse to live with him, whether he married or living with another women by keeping a mistress, as that was considered in passing the order, dated 25.02.2009, in m.c. ..... , for the respondent married another women, by name saritha, living with her and through said saritha, he blessed with a baby girl, by .....
Tag this Judgment!Court : Mumbai
order(i) criminal revision application no. 317/2006 is dismissed.(ii) respondent is directed to pay costs of rs. 15,000/- (rupees fifteen thousand only) to the applicant - manda within a period of four weeks from today, failing which the same shall be recovered by the family court by adopting procedure for recovery of fines.
Tag this Judgment!Court : Mumbai Aurangabad
..... the applicant has also filed proceedings under section 12 of the women's domestic violence protection act, 2005 against the respondent-husband and his relatives in the court of the judicial magistrate, first class, beed and same is pending. 4 ..... it is the case of the applicant that, on non fulfillment of the demand of the respondent-husband, the applicant was driven out from matrimonial house and therefore, she went to reside with her parents. ..... is submitted that, at no point of time, the respondent-husband has ill-treated or demanded any amount from the father of the applicant for purchasing flat or furniture. ..... after delivery of a child, the respondent-husband demanded rs.2,00,000/- from father of the applicant and in case, such demand is not fulfilled, the respondent-husband threatened the applicant that, the applicant has to go back to her parent's ..... these are two main grounds, apart from other grounds raised by the applicant, which would tilt the balance of convenience in favour of the applicant. ..... of 2012 to the court of the civil judge, senior division, beed, within one week from receipt of copy of this order. ..... was not driven out from the matrimonial house. ..... application is filed for transfer of the proceedings from ahmednagar to beed. 5. ..... the summons from the court of 5th joint civil judge, senior division, ahmednagar is received by the applicant at ..... 56 of 2012 from the court of 5th joint civil judge, senior division, ahmednagar to the court of the civil judge, senior division, .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the applicant has also filed proceedings under section 12 of the women's domestic violence protection act, 2005 against the respondent-husband and his relatives in the court of the judicial magistrate, first class, beed and same is pending. 4 ..... it is the case of the applicant that, on non fulfillment of the demand of the respondent-husband, the applicant was driven out from matrimonial house and therefore, she went to reside with her parents. ..... is submitted that, at no point of time, the respondent-husband has ill-treated or demanded any amount from the father of the applicant for purchasing flat or furniture. ..... after delivery of a child, the respondent-husband demanded rs.2,00,000/- from father of the applicant and in case, such demand is not fulfilled, the respondent-husband threatened the applicant that, the applicant has to go back to her parent's ..... these are two main grounds, apart from other grounds raised by the applicant, which would tilt the balance of convenience in favour of the applicant. ..... of 2012 to the court of the civil judge, senior division, beed, within one week from receipt of copy of this order. ..... was not driven out from the matrimonial house. ..... application is filed for transfer of the proceedings from ahmednagar to beed. 5. ..... the summons from the court of 5th joint civil judge, senior division, ahmednagar is received by the applicant at ..... 56 of 2012 from the court of 5th joint civil judge, senior division, ahmednagar to the court of the civil judge, senior division, .....
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