Court : Delhi
Reported in : 160(2009)DLT385
..... sonia mann filed a complaint under the protection of women from domestic violence act, 2005 ('pwdva') which was numbered as cc no. ..... 1 still feels duty bound to protect the petitioner/application from anybody else subject to his limits. ..... ' it was added that gaurav mann 'is duty bound to protect and to provide a good environment to the child for her proper upbringing and to the petitioner/application being the mother of the child. ..... in the reply of the remaining respondents it was stated that they were 40 to 60 km, away from the place where sonia mann was living and therefore they were not concerned in any way with the disputes concerning sonia mann, her husband and her in-laws.12. ..... she prayed for the passing of a protection order under section 18, a residence order under section 19, monetary relief under section 20 and compensation for damages under section 22 of the pwdva. ..... the respondents have admitted her claim to the shared household and therefore, the respondents are restrained from obstructing the entry or exit of the petitioner from the portion of the shared household wherein she resides. ..... therefore there was no justification in restraining gaurav mann, ishwar singh and barfo rani and the other respondents in the complaint case from alienating or disposing of the remaining portion of the property in question. ..... it is made clear that within a period of three weeks from today and in any event not later than 15th june 2009 the aforementioned portion will be clearly demarcated. .....
Tag this Judgment!Court : Delhi
Reported in : 162(2009)DLT459
..... provisions of the protection of women from domestic violence act, 2005 could not be invoked in the present proceedings since no such case was pleaded by the appellant in her written statement and nor could she have done that since at the time she had filed her written statement this act had not even ..... that the appellant's occupation of the property in her possession was protected even under the protection of women from domestic violence act, 2005. 9. ..... be done only if there was necessary foundation laid in the written statement by alleging facts therein which, according to her, entitled her to get some benefit available under the said act of 2005 but she's did not lay any foundation in her written statement by seeking necessary amendment in the written statement and so she cannot be allowed to make any submissions based on the provisions of ..... the period prior to the institution of the suit or directing an inquiry as to such rent; (ba) for the mesne profits or directing an inquiry as to such mesne profits; (c) directing an inquiry as to rent or mesne profits from the institution of the suit until, - (i) the delivery of possession to the decree-holder, (ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the court, or (iii) the expiration of ..... wife cannot claim any right of occupation in the property owned by her in-laws as a 'shared household' as defined in section 2(s) of this act of 2005 entitling her to live there as a matter of right. 10. .....
Tag this Judgment!Court : Delhi
Reported in : 163(2009)DLT14
..... filed a complaint under the protection of women from domestic violence act, 2005 (the 2005 act) before the ld. ..... the appellate court concurred with the trial court's findings about instances of domestic violence:keeping in view all these facts i fully agree with the opinion of the ..... trial court that there are instances of domestic violence and therefore, the respondent is entitled for a compensation of ..... court next considers whether the plaintiffs, in the overall circumstances of the case, would be equitably entitled to continue in the premises, in view of the materials on record, particularly the undisturbed findings regarding domestic violence against ridhima. ..... is stated that allegedly on 31.08.2007, deven had also made a query under the right to information act, 2005 and even there he had quoted the address of the premises. ..... has also received copy of summons dated, 02.01.2008, 13.08.2007 and 03.09.2007 sent to ridhima from the delhi legal services authority, pursuant to his application for legal aid/ advice, at the premises ..... 12605/2007, the plaintiffs sought interim orders to injunct the defendants from dispossessing them (plaintiffs) from ridhima's matrimonial home, of which they claim to be in constructive possession since allegedly all their clothes, ridhima's stridhan, dowry articles, personal belongings, car, ..... 50,000/-from the appellant under section 20 and 22 of the act.the matter was remitted, after which the magistrate again denied the order enabling her to enter the .....
Tag this Judgment!Court : Delhi
Reported in : (2010)158PLR1
..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman who despite ..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected.18. ..... ' andhra pradesh high court noticing that domestic incidents did not disclose acts of violence reported by the complainant after 26th october, 2006, when the act came into force, quashed the proceedings under the protection of women from domestic violence act, 2005.in 'shyamlal and ors. v. .....
Tag this Judgment!Court : Delhi
..... the plaintiffs under sections 18, 20 and 23 of the protection of women from domestic violence act, 2005 read with section 151 cpc seeking to direct the defendant no ..... 20 and 23 of protection of women from domestic violence act, 2005 and ia no. ..... she laid emphasis on well settled law that the wife under protection of women from domestic violence act not only requires to be maintained but also requires a ..... the domestic violence act, 2005 can ..... section 20 of the domestic violence act empowers the court to pass an order for grant of monetary relief to the aggrieved party, which may file civil and criminal cases by combining reliefs, to be paid by the defendant ..... jata shankar (fb) : air 1969 allahabad 526 that when the principal relief in the suit relates to hindu law of succession and not delhi land reforms act, the suit could be taken cognizance of by the civil court and the ancillary reliefs which could be granted by the revenue court may also be ..... for non joinder of parties as the hindu succession (amending act) of 2005 is not applicable with retrospective effect. ..... the amending act of 2005 of hindu succession act is not ..... the various provisions of the said act, this court is of the view that there is nothing bars this court from allowing the nature of prayer made ..... 1, his relatives, servants, agents and/or anyone else acting on his behalf from selling, transferring, alienating, mortgaging and/or creating third party rights and/or parting with possession of the properties detailed in schedule .....
Tag this Judgment!Court : Delhi
..... the respondent no.4 has instituted proceedings in the court of metropolitan magistrate (mahila court south), new delhi under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act). ..... it is, therefore, proposed to enact a law keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution of india to provide for a remedy under civil law, which is intended to protect the women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society."8. ..... since invoking criminal machinery under section 498a ipc has serious ramifications, need was felt to have civil law on domestic violence inasmuch as there was no law enabling the court to give protection order to give monetary relief in case women go to court complaining violence. ..... the united 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. ..... xii (1989) has recommended that state parties should act to protect women against violence of any kind especially that occurring within the family. .....
Tag this Judgment!Court : Delhi
..... 1.the present petition under section 482 cr.p.c.assails an order of interim maintenance under the protection of women from domestic violence act, 2005 (in short domestic violence act) passed by the learned mm on 16th january, 2008 and confirmed by the learned additional sessions judge in appeal by order dated 29th february, ..... he had no source of income, he was not even able to maintain himself and had incurred loan, but observed that since the petitioner had earlier worked abroad as sales manager and in view of the provisions of domestic violence act, he had the responsibility to maintain the wife and monetary relief was necessarily to be provided to the aggrieved person i.e. ..... thus, maintenance can be fixed by the court under domestic violence act only as per prevalent law regarding providing of maintenance by husband to the ..... a perusal of domestic violence act shows that domestic violence act does not create any additional right in favour of wife ..... marriage did not succeed, the husband/petitioner filed a petition under section 12 of hindu marriage act for declaring the marriage as null and void and the wife first filed an fir against the husband under section 498a/406 ipc and then filed an application under section 12 of domestic violence act.3. ..... seized, he was not permitted to leave country, (the bail was given with a condition that he shall keep visiting investigating officer as and when called) is contrary to law and not warranted under provisions of domestic violence act.5. .....
Tag this Judgment!Court : Delhi
..... thereafter, wife filed a complaint in the court of mm at delhi making her husband (nagesh malik), father-in-law (harbans lal malik), mother-in-law (neelam malik) and brother-in-law (varun malik) as parties under section 12 of protection of women from domestic violence act, 2005 [in short domestic violence act] with a prayer that court should pass a protection order under section 18, residence order under section 19, monetary relief order under section 20, compensation order under section 22 and interim orders under section 23 of the act. ..... the definition of "domestic violence" as given in section 3 of the protection of women from domestic violence act, 2005 and is under:3. d e f i n i t i o n o f d o m e s t i c v i o l e n c e . ..... i also consider that issue of assuming jurisdiction on the basis of temporary residence may have no force today when statutory provisions in india allow assumption of jurisdiction on the basis of a temporary residence [section 27(1)(a) of protection of women from domestic violence act, 2005].28. ..... the trial court after discussing the objects and aims of the protection of women against domestic violence act, 2005 and after reproducing a quote from novelist joseph conrad "being a woman is a terribly difficult task, since it consists principally in dealing with men" [as if men, though given birth by women, are ferocious animals and not human beings, but cannibals] passed an order for grant of maintenance.7. .....
Tag this Judgment!Court : Delhi
..... thereafter, wife filed a complaint in the court of mm at delhi making her husband (nagesh malik), father-in-law (harbans lal malik), mother-in-law (neelam malik) and brother-in-law (varun malik) as parties under section 12 of protection of women from domestic violence act, 2005 [in short domestic violence act] with a prayer that court should pass a protection order under section 18, residence order under section 19, monetary relief order under section 20, compensation order under section 22 and interim orders under section 23 of the act. ..... the definition of "domestic violence" as given in section 3 of the protection of women from domestic violence act, 2005 and is under:3. d e f i n i t i o n o f d o m e s t i c v i o l e n c e . ..... i also consider that issue of assuming jurisdiction on the basis of temporary residence may have no force today when statutory provisions in india allow assumption of jurisdiction on the basis of a temporary residence [section 27(1)(a) of protection of women from domestic violence act, 2005].28. ..... the trial court after discussing the objects and aims of the protection of women against domestic violence act, 2005 and after reproducing a quote from novelist joseph conrad "being a woman is a terribly difficult task, since it consists principally in dealing with men" [as if men, though given birth by women, are ferocious animals and not human beings, but cannibals] passed an order for grant of maintenance.7. .....
Tag this Judgment!Court : Delhi
..... 1.the present petition has been filed by the petitioners, who are father-in-law and mother-in-law, for quashing a complaint under section 12 of protection of women from domestic violence act, 2005 qua them, made by respondent no.2. ..... petitioner no.1 was heart patient and petitioner no.2 was suffering from eye sight problem and they had been unnecessary made parties to the application under domestic violence act and therefore application qua them should be quashed.2. ..... i, therefore consider that the learned mm where the application is pending shall consider all facts and decide the existence of domestic relationship between the parties and the orders under the act should be passed only after considering whether any domestic relationship existed between the petitioner and the respondent. ..... it is the duty of metropolitan magistrate, where the application has been made, to ensure whether a domestic relationship existed between the applicant and the petitioners in view of judgment of this court in criminal m.c.no. ..... she was not having harmonial relations with her husband and was living separate from her husband for the last 10 years in the same house at first floor. ..... there was no domestic relationship or shared household between petitioners and respondent no.2. .....
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