Court : Delhi
Reported in : 148(2008)DLT506; I(2008)DMC507; 2007(96)DRJ221
..... 1 had forcibly entered the house and occupied one room therein and thereafter filed a suit seeking an injunction against the plaintiff claiming protection of her right to residence in the matrimonial home under inter alias the protection of women from domestic violence act, 2005 (for short the 'pwdv act'). ..... under the pwdv act, in case of a finding of domestic violence, a residence order can be passed inter alia, restraining the respondent from alienating or disposing of the shared household or securing the same level of alternative accommodation enjoyed by the aggrieved person in a shared ..... in this behalf, learned senior counsel referred to the provisions of section 18 of the hindu adoption and maintenance act, 1956 to contend that the said provision entitles a wife to live separately from her husband without forfeiting her claim to maintenance where he treats her with cruelty as to cause reasonable apprehension of it being harmful or injurious to live with ..... submitted that the withdrawal is liable to be opposed on the principle of lis pendens under section 52 of the transfer of property act, 1882 as the withdrawal sought is intended to circumvent the jurisdiction of the court and to remove the subject matter of litigation from the ambit of the courts power and frustrate its decree. ..... respondent in that case relied upon the provisions of the pwdv act to contend that in view of the provisions of that act, the respondent cannot be disposed from the second floor of the property. .....
Tag this Judgment!Court : Delhi
Reported in : 2007(96)DRJ697
..... additional grounds holding that the house in question cannot be said to be 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 and made following pertinent observations in the process:24. ..... , would have the right to remain in that matrimonial home as long as she is married and if she is 'obliged' to leave that matrimonial home, i think she would be entitled to obtain an injunction from an appropriate court protecting her right and preventing her from being thrown out.13. ..... counsel submitted that when the possession of even a trespasser is protected and he was not liable to be evicted except in due course of law and was entitled to defend his possession even against the rightful owner, the respondent's case was on a ..... they further pointed out that even as per the plaintiff's own admission, at least from the year 2003 she had left the matrimonial house for good, whether the cause was ..... because of the perpetrated acts of physical violence, fearing danger to her life and limb, the plaintiff was forced to leave the matrimonial home ..... to severe violence from the defendant ..... the fact of the matter is that amit batra applied for a divorce from the petitioner (although the divorce petition is now said to have been dismissed ..... there is no such law in india, like the british matrimonial homes act, 1967, and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law .....
Tag this Judgment!Court : Delhi
Reported in : 146(2008)DLT497
..... also initiated under the protection of women from domestic violence (act) 2005. ..... complainant was misled into compromise, oblivious of the fact that her compromise encompassed the quashing of an offence of cheating, no doubt, non-disclosure of the status a party at the pre-marriage stage would be an act of deception for the reason whether a party is a divorcee or not is a material fact but the question would arise in the instant case, whether any such deception existed.74. ..... in para 7 of the decision in biman chatterjee's case (supra) their lordships have observed:here we hasten to observe first of all from the material on record, we do not find that there was any compromise arrived at between the parties at all, hence, question of fulfilling the terms of such compromise does ..... with the plethora of laws operating in the filed of domestic disputes, courts have been choked by multiplicity of proceedings arising out of a ..... she pleaded as under:the submission of the respondent is false and baseless as is evident from the orders enclosed with the application of the respondent that the compromise of the petitioner with the respondent was for quashing fir under section 406/498a/34 ipc and for ..... anu gautam informed the acp, crime against women cell, kirti nagar that her statement in court on 25.1.2003 was not voluntary and that she ..... from the said 3 proceedings which are penal in nature, a divorce proceeding is initiated in which application under section 24 of the hindu marriage act springs .....
Tag this Judgment!Court : Delhi
Reported in : AIR2008Delhi1; 148(2008)DLT685; 2007(97)DRJ668
..... can also take some support from the provisions of the protection of women from domestic violence act, 2005 and particularly, section 2(a) as well as sections 18, 20 and 26 of the said act, which are to the following ..... or singly by the respondent including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the magistrate;(f) causing violence to the dependents, other relatives or any person who give the aggrieved person assistance from domestic violence;(g) committing any other act as specified in the protection order.20. ..... , after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favor of the aggrieved person and prohibit the respondent from-(a) committing any act of domestic violence;(b) aiding or abetting in the commission of acts of domestic violence;(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or ..... and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,-(a) the loss of earnings;(b) the medical expenses;(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and(d) the maintenance for the aggrieved person as well as her children, .....
Tag this Judgment!Court : Delhi
Reported in : 2008CriLJ66; I(2008)DMC58
..... protection of women from domestic violence act, 2005 ..... the respondent herein had filed an application under section 23 of the protection of woman from domestic violence act, 2005 before the magistrate praying for grant of interim relief seeking therein her entry into the shared house hold at 7, sunder nagar, new delhi and also prayed ..... sought for giving directions to the protection officer to remove the respondent and the family members from the house, which goes on to show that the respondent is already in possession of the house that is why such direction has been sought for removing her from the house.16. ..... remedy by way of appeal or by way of alteration, modification or revocation of any order, has been provided under the act, prima-facie, the present petition under article 227 of the constitution of india, under these circumstances is not maintainable before ..... stay of the operation of the impugned order and for giving a direction to the protection officer to remove the respondent and her family members from the house.5. ..... (2) if the magistrate, on receipt of an application from the aggrieved person or the respondent is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this act, he may, for reasons to be recorded in writing pass such order, ..... further, section 29 of the act provides for appeal to the court of session within thirty days from the date on which the order made by the magistrate is served on the .....
Tag this Judgment!Court : Delhi
Reported in : 148(2008)DLT650
..... the plaintiff consequently also seeks to amend the title of the plaint so as to incorporate the provisions of 'the protection of women from domestic violence act, 2005' which has been invoked on 17th october, 2006 as the court is competent to exercise its power conferred under sections 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005.5. ..... they also want to include the prayer regarding claim of maintenance of rs.1.5 lakhs from the defendants which was left inadvertently by them though various paras show that the plaintiffs have pleaded material facts seeking claim of maintenance from the defendant no. 1.15. ..... the learned counsel for the defendants have also relied on section 23 of the hindu adoption and maintenance act, 1956 to contend that the amount of maintenance to be awarded to a wife, children is to be based on various factors which are detailed in para 23(2) and (3) of the said act. ..... 6240/2005 pleads the facts regarding the plaintiffs being indigent persons along with the schedule of properties of the plaintiffs which has been duly verified. ..... 6240/2005 seeking permission to sue as an indigent person. ..... the plaintiffs/applicants contend that they have filed a suit for permanent injunction and maintenance against the defendants under sections 18, 20 and 23 of hindu adoption and maintenance act.3. .....
Tag this Judgment!Court : Delhi
Reported in : 150(2008)DLT19; I(2008)DMC848; 2008(102)DRJ611
..... the protection of women from domestic violence act, 2005 ('the domestic violence act') by section 17 enacts the right of a woman, to reside in a shared ..... to the rights asserted by the plaintiff, this recent enactment has clothed only wives and women in domestic relationships the right to remedies of the kind sought here; domestic violence has, in this context, been defined expansively to comprehend physical violence, verbal abuse, economic deprivation and so on.29. ..... the suit for restitution of conjugal rights is a matrimonial suit, cognisable in the divorce court, which is brought whenever either the husband or the wife lives separate from the other without any sufficient reason, in which case the court will decree restitution of conjugal rights (matrimonial causes act, 1950, section 15), but will not enforce it by attachment, substituting however for attachment, if the wife be the petitioner, an order for periodical payments by the husband ..... can be viewed in the light of law commission - seventy-first report on the hindu marriage act, 1955 - 'irretrievable breakdown of marriage as a ground of divorce', para 6.5 where it is stated thus:moreover, the essence of marriage is a sharing of common life, a sharing of all the happiness that life has to offer and all the misery that has to be faced in life, an experience of the joy that comes from enjoying, in common, things of the matter and of the spirit and ..... soured and parties sought relief under the domestic partners property act, 1996. .....
Tag this Judgment!Court : Delhi
Reported in : 2008(102)DRJ543
..... the petition contains two prayers - (a) for declaring the protection of women from domestic violence act, 2005 (for short 'act) as ultra virus the constitution of india and (b) to quash the proceedings before the metropolitan magistrate, new ..... challenge to the virus of the protection of women from domestic violence act is misconceived and devoid of merit. ..... of the subject statute records that - 'it is, thereforee, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society'. ..... nations committee convention on elimination of all forms of discrimination against women (cedaw) has recommended that states should act to protect women against violence of any kind, especially that occurring within the family. ..... not rule out the possibility of a man becoming the victim of domestic violence, but such cases would be few and far between, thus not requiring or justifying the protection of parliament.5. ..... learned counsel for the petitioner has assailed the virus of the act on the ground that inasmuch as it provides protection only to women and not to men, the statute offends article 14 of the constitution ..... the argument that the act is ultra virus the constitution of india because it accords protection only to women and not to men is, thereforee, wholly devoid of .....
Tag this Judgment!Court : Delhi
Reported in : AIR2009Delhi72; 152(2008)DLT691; 2008(106)DRJ623
..... she referred to protection of women from domestic violence act, 2005 and argued that the right of women to live in the shared household was to be protected by every court and the house of in-laws was a shared household and a matrimonial home and she had a right to live there.7. in ..... is because of love, affection, mutual trust, respect and support that members of a joint family gain from each other that the parents keep supporting their sons and families of sons. ..... these circumstances, the learned senior civil judge allowed the application under order 39 rule 1 and 2 cpc and restrained the defendants (petitioner herein) from forcibly entering into their house and disturbing the peaceful possession of the respondents.6. ..... they had shown by filing medical record that they were suffering from various ailments and at this age of their life they have a right to live peacefully at their ..... there is no such law in india, like the british matrimonial homes act, 1967 and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law or mother ..... is aggrieved by an order dated 4th january, 2006 passed by the learned additional senior judge allowing an appeal of the respondent against order dated 24.5.2005 of civil judge dismissing an application under order 39 rule 1 & 2 cpc.2. ..... consider that the order passed by the learned senior civil jude granting injunction does not suffer from any illegality and the petition is hereby dismissed. .....
Tag this Judgment!Court : Delhi
Reported in : 157(2009)DLT472
..... leading to the filing of the present appeal are that the petitioner on 5th october 2007 filed an application in the court of the learned additional chief metropolitan magistrate (acmm') under section 12 of the protection of women from domestic violence act, 2005 ('act'). ..... it cannot be used as a kitchen, the petitioner appearing in person states that she will use it for the said purpose to the extent that she can as long as her right to a separate entrance from the ground floor and duplicate keys to the main entrance and main door are provided to her. ..... the petitioner stated in the said application that she had been forcibly thrown out from her matrimonial home at c-36, pushpanjali enclave, pitampura, delhi-110034 along with her minor daughter ..... the learned asj further observed that no procedure has been prescribed in terms of section 28(2) of the act and therefore devising its own procedure the learned asj directed restoration of the status quo ante as on 20th december 2007 ..... )3scc169 it was contended by them that the expression 'shared household' occurring in section 2(s) of the act did not include the present premises since it was owned exclusively by the father. ..... it is indeed inconceivable how at an interlocutory stage where, given the purposes of the act, the question before the learned mm is of giving urgent relief, a final determination can ..... section 29 of the act an appeal has been provided to the court of sessions from the order of the ..... from a reading of the chapter iv of the act .....
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