Court : Delhi
..... she also states that she has filed legal proceedings for maintenance and under the protection of women from domestic violence act, 2005 against the respondent / alleged contemnor and which proceedings are still pending. ..... pushpa under the domestic violence act, in which, it was clarified that there is no stay against the dispossession of smt. ..... it was further clarified that the arrears if any of licence fee / rent due with respect to the said accommodation be not deducted from the said amount and are to be adjusted / deducted out of the pension due in future to the respondent / alleged contemnor. ..... the respondent / alleged contemnor appearing in person, after understanding from the counsel who was earlier appearing for him, has stated that for the lapse committed by him in not informing to the court on 7th february, 2011 that in fact it was his wife who was in possession, he is willing that all the arrears of `6,00,000/- or more which are due to him from petitioner / relator, be released directly to his wife smt. ..... pushpa and he himself was ousted from the said flat four years ago and has been residing at faridabad for the last four years. 3. ..... she further states that the respondent / alleged contemnor has intentionally given an undertaking in this court to vacate the accommodation so as to oust her from the said accommodation. 4. ..... pushpa from the aforesaid accommodation. .....
Tag this Judgment!Court : Delhi
..... nagender vashishtha & ors" received summons from the court of learned metropolitan magistrate under section 12 of the protection of women from domestic violence act, 2005(in short the act) to appear on 8th march, 2011. ..... in such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005. 15. ..... no restrictive meaning has been given to the expression "relative", nor has the said expression been specifically defined in the domestic violence act, 2005, to make it specific to males only. 14. ..... thus, a perusal of section 2(a) and 2(f) of the act shows that any woman who is in a domestic relationship, the said domestic relationship being one between two persons who lived at any point of time together in a shared household related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or family members living as a joint family and alleges that she has been subjected to any domestic violence by the respondent is entitled to relief under the act. 8. ..... the relevant sections read as under:- "2(a) "aggrieved person" means any woman who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; (b)....................... (c)....................... (d)...................... (e)...................... .....
Tag this Judgment!Court : Delhi
..... submitted that under section 12(2) of the protection of women from domestic violence act, 2005, the relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent. 12. ..... counsel for respondent further submitted that the said janta flat at narela was purchased during the pendency of the proceedings under the protection of women from domestic violence act, 2005. ..... further she submits that under rule 6(5) of the protection of women from domestic violence rules, 2005, which reads as under:- "6.applications to the ..... until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such magistrate may consider any ..... it is thus stated that the petitioner now cannot be permitted claim the additional maintenance @ rs.2000/- per month and from the conduct of the parties as pointed out hereinabove, it is very clear that the order of interim maintenance was only for rs.2000/- per month and not @ rs.2000/- per month for each of the petitioners." .....
Tag this Judgment!Court : Delhi
..... counsel states that if on mere assertions by women, men have to be summoned to face trial pertaining to the law of domestic violence, it would create a chaos and thus would urge that some prima facie proof in support of marriage needs to be filed when a complaint under the protection of women from domestic violence act 2005 is filed. 4. ..... in the complaint filed under section 12 of the protection of women from domestic violence act 2005, the respondent has alleged against the petitioner that after her late husband sh.harpal singh died, she and the petitioner got married on 28.1.1992 and since then had lived as husband and wife ..... highlighting that the daughter in question is the one born to the respondent from her previous husband, i conclude by holding that the respondent has prima facie shown evidence that the petitioner and she were having a relationship as husband and wife. ..... now, if a wife is thrown out lock, stock and barrel from her matrimonial house, it may happen that proof of her marriage would lie in the house and till she has access thereto, she may not be able to furnish prima facie proof of the same, but ..... with the counter affidavit filed, the respondent has filed photographs which she has obviously obtained from her daughter who got married on 26.11.2007. ..... shows the crying daughter placing her head on the shoulder of the petitioner akin to what we normally see when the girl leaves from the house after marriage. 8. ..... how many women in india possess such kind of documents .....
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..... section 2(s) of the protection of women from domestic violence act 2005, (herein after referred to as 'the act') defines 'shared household' as under:-"2(s) 'shared household' means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or ..... and thereafter abandon her requiring rent to be paid or face eviction therefrom and additionally on the ground that the appellant has a right to be protected in the shared household and has a right to restrain her mother-in-law and her husband to dispossess her from the shared residence, claim was raised in cs(os) no.1307/2010 which appears to be a counterblast to cs(os) no.505/2010 whereunder appellant's mother-in- ..... the same being the absolute property of appellant's mother-in-law, we concur with the view taken by the learned single judge inasmuch as vide clause (f) of sub-section 1 of section 19 of the act, in lieu of the shared accommodation, a court can direct the opposite party to secure same level of alternative accommodation for the aggrieved person as enjoyed by her in the shared household or to pay ..... of sub-section 1 of section 19 of the act would be the extreme ill health of the mother-in-law of the appellant; medical documents pertaining to whom would show that she suffers from 'tachycardia' with heart muscles functioning at about 20% .....
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..... thereafter, the petitioner filed another application under the protection of women from domestic violence act, 2005 claiming maintenance and same was dismissed by learned trial court as well as sessions court as non-maintainable in the background of settlement dated 02.04. ..... (iv) the petitioner filed the application under the protection of women from domestic violence act, 2005 claiming maintenance and same was dismissed by learned trial court as well as sessions court as non-maintainable in the background of settlement dated ..... failing in her endeavour to crl.m.c.no.2602/2010 page 9 of 12 fulfil her greed under prevention of domestic violence against women act, because the case was ruled to be non-maintainable in the background of settlement dated 02.04.2003, she took the shelter of section 125 cr. ..... behalf of son, petitioner while asserting that she is living on the mercy of relatives, friends, but failed to name even a single person from whom she had taken debt or loan and this fact goes to prove that she has sufficient means to maintain herself..18. ..... has submitted that the petitioner has concealed important / material facts from this court because these facts render this petition to be non- ..... /2010 page 6 of 12 (ii) the petitioner backtracked from the said settlement and continued with the litigation vigorously. ..... of her son deposed that she was living on the mercy of the relatives, friends, however failed to name even a single person from whom she had taken debt or loan..28. .....
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..... contempt of courts act, 1973 read with article 215 of the constitution of india, with the allegations to the effect that the respondent has deliberately and willfully disobeyed the orders dated 30.09.2010 and 05.04.2011 passed by the guardianship court, saket courts, new delhi, passed in guardian case no.66/2010 and also the orders of the metropolitan magistrate dated 13.10.2011 in cc no.332/1, and of the additional sessions judge dated 19.10.2011 passed in protection of women from domestic violence act, 2005 (dv act) proceedings. ..... has been filed now on behalf of complainant seeking permission to correct the typographical errors in the petition filed by the complainant under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act). ..... copy of the domestic violence complaint along with all the annexures is annexed as ..... under the cover of the orders obtained from the learned metropolitan magistrate in proceedings under the dv act, which have been obtained by suppression of the proceedings and orders of the learned guardianship judge, the respondent has sought to take away the child liam from the custody of the petitioner, and into her own custody ..... however, even this order was suppressed and concealed from the learned m.m and the learned asj dealing with the d.v act proceedings, evidently for the reason that this order too would have betrayed the fact that it was the respondent who was being granted visitation rights, and not .....
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..... the petitioner, against order dated 28.04.2011, filed an appeal under section 29 of the protection of women from domestic violence act, 2005 before ld. ..... therefore, it is by virtue of protection of women against domestic violence act, which interalia seeks to provide as under :- (s) " shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either ..... petitioner herein did not entered in anybodys property, but it was the house of her husband and entered with the help of protection officer under the protection of domestic violence act. ..... the petitioner was compelled and constrained to approach trial court with complaint filed under section 12 of the domestic violence act, seeking interim measures and interim relief in accordance with provisions of the said act and in the facts and circumstances of the case, the trial court vide interim order dated 10.09.2010 directed the ..... aggrieved person means any women who is or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of violence by the respondent. ..... act has been enacted to provide for more effective protection of the right of women guaranteed under the constitution who are victim of the violence of any .....
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..... that her husband has not secured the same level of alternative accommodation for the judgment debtor as is being enjoyed by her in the matrimonial home in terms of section 19(f) of the protection of women from domestic violence act, 2005 and until such an accommodation is made available commensurate to the status of the wife any order passed by this court in the present execution case seeking eviction of the judgment debtor ..... counsel thus submitted that unless the judgment debtor is provided with an alternative accommodation under section 19(f) of the protection of women from domestic violence act, 2005 the judgment debtor is certainly entitled to occupy the suit premises and she cannot be thrown out of the same till such time alternative accommodation commensurate ..... counsel further submitted that the case filed by the judgment debtor under the protection of women from domestic violence act, 2005 is still pending consideration and pending final decision in the said case, the judgment debtor cannot be thrown out from the suit premises, that too pursuant to the said two orders dated 20.12.2010 and 29.4.2011, which cannot be executed having no ..... law, on the other hand, had filed a complaint under section 12 of the protection of women from domestic violence act, 2005 on 17th march, 2010 besides taking steps to file the said civil suit to claim decree of maintenance under the hindu adoption and maintenance act and one of the prime reliefs being sought by her is to declare the ground .....
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..... she filed a complaint case bearing no.352/3 under section 12 of protection of women from domestic violence act, 2005 alongwith an application for monetary relief under section 23 of the act. ..... learned asj vide the impugned order dated 01.06.2011 though declined the prayer of interim monetary relief to the petitioner, partly allowed the appeal and directed the respondent to pay a sum of rs.10,000/- per month from the date of filing of the petition towards contribution of the respondent to maintain the child born out of the wedlock of the parties. 3. ..... section 20 (1) (d) of pwdv act, 2005 specifies that upon appropriate proof, the court may order the respondent to pay maintenance to the aggrieved person and to her children and further permits the court to pass an order of maintenance under the pwdva in ..... she could not accept this offer as it would not be appropriate for the child to be uprooted from the place where she has been residing and due to the fact that there were visitation orders passed by the learned sessions court and had the petitioner along with the child shifted to ..... it is worth mentioning here that the child for which maintenance of rs.10,000/- per month from the date of filing of the petition has been ordered by learned addl. ..... needless to point out that a woman who is educated herself with master's degree in science, masters degree in education, would not feel herself alone in travelling from pusad to indore, when at least a bus service is available as mode of transport. .....
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