Court : Delhi
..... attention of this court was also drawn to sub-rule (5) of rule 6 of the protection of women from domestic violence act, 2006 which mandates that application under section 12 of the protection of women from domestic violence act, 2005 shall be dealt with in the same manner as laid down in section 125 of the code ..... of hearing, attention of this court was drawn to various interim orders passed by different benches of this court whereby statutory appeal under section 29 of the protection of women from domestic violence act, 2005 have been directed to be heard upon deposit of 50% of the maintenance amount. ..... the provisions of maintenance under the protection of women from domestic violence act, 2005 and this special enactment has been brought to protect the women and children from neglect. ..... bound directions have been issued to the appellate court to hear the appeal under section 29 of the protection of women from domestic violence act, 2005 on merits without any pre-condition. ..... (oral) % impugned order of 18th december, 2012 entertained petitioner s appeal under section 29 of the protection of women from domestic violence act, 2005 subject to deposit of arrears of maintenance, as granted by the trial court while permitting petitioner to deduct the amount of `92,000/- from the amount due. ..... impugned order of 18th december, 2012 is on the ground that no pre- condition can be imposed for hearing a statutory appeal under section 29 of the protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and 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 ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
Tag this Judgment!Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and 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 ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
Tag this Judgment!Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and 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 ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
Tag this Judgment!Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and 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 ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
Tag this Judgment!Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and 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 ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
Tag this Judgment!Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and 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 ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
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..... it is stated that a case under protection of women from domestic violence act, 2005 is also pending in the court of metropolitan magistrate, rohini. ..... the learned counsel for the husband also places reliance on section 21(a) of the hindu marriage act, 1955 (the act) which lays down that if two separate petitions under section 10 or section 13 are filed by husband/wife, both the petitions should be tried together. ..... the learned counsel for the husband urges that the provisions of section 4 of the act clearly state that the act has an overriding effect over other laws and its provisions are mandatory.5. ..... as stated earlier and agreed by the learned counsel for the husband, visitation rights can be availed by the husband at some neutral place which may not be very far from the residence of the child at shalimar bagh. ..... thus, i do not find any ground to deviate from the provisions of section 21(a) of the act.8. ..... the question for consideration however, is whether the rule laid down in section 21(a) of the act should be followed or there is any exceptional circumstance so as not to follow the provisions of section 21(a) of the act.7. ..... i am unable to subscribe to the view that the provisions of section 21 of the act are mandatory. ..... section 21(a) deals with a normal situation when two different petitions are filed by the husband and the wife under section 10 or section 13 of the act. .....
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..... it is stated that a case under protection of women from domestic violence act, 2005 is also pending in the court of metropolitan magistrate, rohini. ..... the learned counsel for the husband also places reliance on section 21(a) of the hindu marriage act, 1955 (the act) which lays down that if two separate petitions under section 10 or section 13 are filed by husband/wife, both the petitions should be tried together. ..... the learned counsel for the husband urges that the provisions of section 4 of the act clearly state that the act has an overriding effect over other laws and its provisions are mandatory.5. ..... as stated earlier and agreed by the learned counsel for the husband, visitation rights can be availed by the husband at some neutral place which may not be very far from the residence of the child at shalimar bagh. ..... thus, i do not find any ground to deviate from the provisions of section 21(a) of the act.8. ..... the question for consideration however, is whether the rule laid down in section 21(a) of the act should be followed or there is any exceptional circumstance so as not to follow the provisions of section 21(a) of the act.7. ..... i am unable to subscribe to the view that the provisions of section 21 of the act are mandatory. ..... section 21(a) deals with a normal situation when two different petitions are filed by the husband and the wife under section 10 or section 13 of the act. .....
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..... under section 19, 20 or 22 of the protection of women from domestic violence act, 2005 therefore could have been granted to the respondent ..... the appellant claims that the petition under section 12 of the protection of women from domestic violence act was filed by the respondent by way of afterthought and as counter-blast to the divorce petition ..... in support, he has referred section 28 of the act and rule 6(5) of the protection of women from domestic violence rules, 2006 (hereinafter referred to as the "rules") and has submitted that the procedure for disposal of an application under ..... dated 13th february, 2015, the appeal filed by the petitioner under section 29 of the protection of women domestic violence act, 2005 (hereinafter referred to as the act ), was partly allowed and the maintenance fixed by the trial court at rs.2,50,000/- per month was reduced to rs.50,000/- per month by the petitioner to the respondent from the date of filing of the petition under section 12 of the act as the appellate court felt that this amount would be sufficient, reasonable and appropriate in view ..... the aggrieved person and the respondent 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 dependants, 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. .....
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