Court : Delhi
..... the magistrate (hereafter called trial court) issued notice to the petitioner on a complaint under section 12 of the protection of women from domestic violence act, 2005 (in short d.v. ..... this judgment answers a reference to this division bench, requiring resolution of a conflict between the decision of two learned single judges of this court on the question whether a magistrate can act straightaway on a complaint made by an aggrieved person, under the protection of woman from domestic violence act, 2005 (hereafter the act). ..... reference was also made to rules 4, 5, 6, 8 and 9 of the protection of women from domestic violence rules, 2006 (in short the rules). 5. ..... the protection orders, which the magistrate may pass under section 18 of the act, is only on being prima facie satisfied that the domestic violence has taken place or is likely to take place. ..... if the magistrate were to be constrained from issuing orders, that are plainly permissible under the act, on the basis of prima facie appreciation of evidence, the remedy would be defeated, and the victim would be subjected to further domestic violence either in the form of deprivation of a home, or subjected to physical cruelty, or even deprived economic benefits, which rightfully belong to her, as per definition of domestic violence. .....
Tag this Judgment!Court : Delhi
..... 2 herein) under section 12 of protection of women from domestic violence act, 2005 (for short the act). 2. ..... this being the state of affairs, both levelling allegations of domestic violence against each other, it was not at all possible to determine in the present proceedings, all these allegations, all and counter allegations, all being ..... petitioner: (i) restraint order against the petitioner from selling, alienating or creating any third party interest in the assets mentioned in the complaint; (ii) restraint order against the petitioner from taking forcible possession of the car dl-3cy-9031 from her; (iii) restraint order against the petitioner from dispossessing her from the premises where she has been living over the last nine years; and (iv) protection order for their safety and security ..... the plea of the petitioner that the summary criminal proceedings could not be used as division or claim of properties of the husband, it is stated that as per section 26 of the act, any relief may be sought under sections 18 to 22 of the act in addition to any other relief that an aggrieved may seek before a civil or criminal court and thus, she was entitled to seek claim in the properties. 11. ..... with regard to her claim seeking protection from the petitioner, so long the couple continues to reside in the same premises, it is expected that they shall not give any cause of complaint to ..... under section 29 of the act, an appeal has been provided to the court of sessions from the orders of the .....
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..... these petitions arose out of a complaint case under section 12 of the protection of women from domestic violence act, 2005( in short the act of 2005) though were filed against different orders of the trial court and the ..... upon the pleadings and the affidavits filed by the parties and the report of the protection officer disposed of the complaint finally vide order dated 5th september, 2007 and held respondent-husband only guilty of causing domestic violence to the petitioner-wife and certain directions were given to him including a direction for payment of compensation of rs.50,000/- to her under section 20 of the act of 2005 for the acts of domestic violence committed by him and a sum of rs.5000/-p.m. ..... and going through the contents of the same it is clear that she is covered under domestic violence act being the aggrieved party as defined in definition u/s 2(a) of the act and she is also in domestic relationship with respondents which is covered as per the definition of domestic relationship u/s 2(1) of the act and further the allegations leveled are also covered u/s 3 of the act whereby domestic violence has been defined. ..... an appeal challenging the award of compensation of rs.50,000/- to the petitioner-wife for committing acts of domestic violence. ..... be paid by the respondent-husband to the petitioner-wife for herself as well as for their minor son from the date of filing the complaint under section 12 of the act of 2005 till the same is again disposed of by the trial court. .....
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..... during the pendency of the proceedings against the respondenthusband under various sections of the protection of women from domestic violence act, 2005 initiated by the applicant-wife learned metropolitan magistrate passed an order directing the protection officer to let out the second floor portion of respondents house in kirti nagar so that there could be some rental income which could be shared by the petitionerwife also. ..... out any part of his property and if at all he had let out the second floor of his property all that the applicant could claim from him was a share in the rental income, which this court had noticed in the order dated 18th may, 2012, noticed already, also that her husband had offered him to pay her half of the ..... house to generate rental income by claiming that his children, who were settled outside delhi, require that portion as and when they come to stay with him while it was not so and that was evident from the fact that immediately after the dismissal of her petition on 4th january, 2012 he had let out the second floor. ..... section 340 of the code of criminal procedure has been filed in a disposed of matter by the applicant-wife who has been dragging her husband and two sons into different legal battles for claiming maintenance from them and against whom this court had recently on 18th may, 2012 while dismissing one of her petitions(being crl. m. c. ..... from investments is nothing but a bundle of lies. .....
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..... the record of the learned judge would reveal that in a petition filed by a wife under section 12 of the protection of women from domestic violence act, 2005 in which she had impleaded her husband, her father-inlaw, mother-in-law and her brother-in-law as the respondents, an order was passed by the learned metropolitan magistrate fixing interim maintenance, language whereof was to ..... as per protection of women from domestic violence act, 2005 it is the duty of every court to supply order passed to the parties and the record would reveal that the order dated may 19, 2010 was received by the clerk of the counsel concerned on may 21, 2010.9. ..... we find that the learned metropolitan magistrate has since recuse herself from the matter and thus we direct the judge-in-charge, saket court complex, to supply a copy of this order to the learned metropolitan magistrate who has made the contempt reference for her future guidance. ..... of properties of the husband and his brother in the united states of america, knowing fully well that a court can at best issued precepts for properties outside its territorial jurisdiction and no attachments order can be passed; an act which would certainly offend a decree holder and the counsel.11. .....
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..... /354/506/34 of ipc and by the order dated 23.07.2012 whereby the learned mm held the petitioners to be served with summons in complaint case no.120/2001 when they (the petitioners) appeared in another case under the protection of women from domestic violence act, 2005.3. ..... in the absence of a proper investigation in a case where an offence is disclosed, the offender may succeed in escaping from the consequences and the offender may go unpunished to the detriment of the cause of justice and the society at large. ..... (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party. ..... the court should not act on annexures to the petitions under section 482 of the code, which cannot be termed as evidence without being tested and proved. ..... nevertheless, inherent powers do not confer arbitrary jurisdiction on the high court to act according to whims or caprice. ..... while exercising jurisdiction under section 482 of the code, it is not permissible for the court to act as if it was a trial judge. .....
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..... the fact that none of the statutes which deal with the rights of a married woman in india, be it the hindu marriage act, 1955; the hindu succession act, 1956; the hindu adoption and maintenance act, 1956; the protection of women from domestic violence act, 2005 or the code criminal procedure, 1973 maintenance including residence for confer any right of the married woman as against the parents of the ..... also observed that the right of residence which a wife undoubtedly has does not mean her right to reside in a particular property although such a right in terms of section 17 of the protection of women from domestic violence act is a right to reside in a commensurate property.17. ..... domestic violence act, 2005 gives protection to the wife where the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member within the meaning of section 2(s) of the said act ..... the mother-in-law and there also the defence taken by the daughter-in-law was that the said property was a joint family property and therefore she enjoyed a protection under section 17(1) of domestic violence act, 2005. ..... in an accommodation which belongs to mother-in-law or the father-in-law as such an accommodation does not satisfy the test of share household accommodation as envisaged under section 2(s) of the domestic violence act, 2005.26. .....
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..... facts leading to filing of the petition under section 12 of the protection of women from domestic violence act, 2005 (d.v. ..... the respondent alleged certain acts of violence and harassment at the hands of the petitioner, particularly in october, 1998 and in november, ..... in the present case, even the police examined certain witnesses and prepared a status report which also establishes the relationship of appellant with the respondent and therefore the domestic relationship between the parties stands established in trial court.10. ..... in view of the consistent finding on the domestic relationship reached by the learned mm and the learned asj, i am not inclined to interfere with the orders dated 08.07.2011 and 08.11.2011 passed by the learned mm and learned asj ..... it was held that there has to be domestic relationship between the person aggrieved and the respondent to invoke the provisions of ..... our opinion a relationship in the nature of marriage under the 2005 act must also fulfil the above requirements, and in addition the parties must have lived together in a shared household as defined in section 2(s) of the act. ..... spending weekends together or a one night stand would not make it a domestic relationship.7. ..... d.velusamy, the supreme court held that merely spending weekends together or a one night stand would not make it a domestic relationship. ..... act) are that the respondent claimed to have married the petitioner on 04.01.1997 at the methodist church, idgah, delhi according to christian rites and .....
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..... 12 of the protection of women from domestic violence act, 2005 (the act of 2005 in short) ..... and his individual income was shown as ` 40,000/had not been mentioned either in the wifes application under section 12 of the act of 2005 nor in her affidavit filed in support of that application and appeared to have been placed on record on 23 rd july,2010 when final arguments in the matter had been concluded and the ..... petitioner wife had filed the application under section 12 of the act of 2005 seeking certain reliefs against the petitioner husband, his mother, his ..... business and according to his own case they were supporting him and so he could have produced proof as to how much money he was receiving from his parents if he had no share in the family business but no proof was given by him. ..... payment of compensation of ` 1.50 lacs which she had claimed in her application under section 12 of the act of 2005.3. ..... applicant is now praying for protection order, residence order, monetary relief to the tune of ` 1.5 ..... court), west district, delhi, whereby he was directed to pay rs.5,000/per month as rent to his wife from the date of passing of the said order and rs.8,000/- per month as maintenance from the date of filing of application by her under section 12. ..... coun sel further submitted that if that document is excluded from consideration then there is no proof that petitioner-husbands monthly income was ` 40,000/- and his claim that he was not having any income of his own should be accepted and .....
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..... 12 of the protection of women from domestic violence act, 2005 (the act of 2005 in short) ..... and his individual income was shown as ` 40,000/had not been mentioned either in the wifes application under section 12 of the act of 2005 nor in her affidavit filed in support of that application and appeared to have been placed on record on 23 rd july,2010 when final arguments in the matter had been concluded and the ..... petitioner wife had filed the application under section 12 of the act of 2005 seeking certain reliefs against the petitioner husband, his mother, his ..... business and according to his own case they were supporting him and so he could have produced proof as to how much money he was receiving from his parents if he had no share in the family business but no proof was given by him. ..... payment of compensation of ` 1.50 lacs which she had claimed in her application under section 12 of the act of 2005.3. ..... applicant is now praying for protection order, residence order, monetary relief to the tune of ` 1.5 ..... court), west district, delhi, whereby he was directed to pay rs.5,000/per month as rent to his wife from the date of passing of the said order and rs.8,000/- per month as maintenance from the date of filing of application by her under section 12. ..... coun sel further submitted that if that document is excluded from consideration then there is no proof that petitioner-husbands monthly income was ` 40,000/- and his claim that he was not having any income of his own should be accepted and .....
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