Court : Delhi
..... in the plaint, it is stated that a petition was filed by defendant no.1 against the plaintiff on 10th october 2007 under section 12 of protection of women from domestic violence act 2005 ( pwdva ). ..... states that being a dutiful husband and son-in-law in good faith, even though the defendants 2 and 3 had no right, title or claim in the suit property , he agreed to the suggestion of defendant no.1 that the rent received from the second residential unit constructed on the said land should be considered as part of the defendant s share in the property and should be given to defendants 2 and 3 till december 2007.6. ..... further, interim orders were passed by the learned mm on 15th october 2007 in the presence of counsel for the plaintiff that if the plaintiff returned to india from bali, indonesia, he would have a right to enter the matrimonial house, but would not communicate, in any manner, with defendant no.1 without her desiring to do so and will move himself to a particular portion assigned to him.9. ..... the learned mm proceeded to hold that since defendant no.1 had made an admission to the above effect, and since it had been removed from the room assigned to the plaintiff, a criminal offence was prima facie committed and, therefore, summons was issued to only defendant no.1 under sections 379/411 ipc. ..... under article 54 of the schedule to the limitation act ( la ) 1963, a suit for specific performance had to be filed within the period of three years from the date fixed for performance. .....
Tag this Judgment!Court : Delhi
..... aid and which was allowed; iv) the appellant thereafter filed an application under order 21 rule 26 of the cpc for stay of execution of the decree pleading that the appellant had filed a complaint under section 12 of the protection of women from domestic violence act, 2005 and vide order dated 03.03.2008 therein had been granted the residence order; it was also pleaded that though an order directing the husband of the appellant to pay maintenance to her had also been passed ..... the appellant in execution, filed objections but therein also did not disclose any right to remain in the property except on account of order under the domestic violence act and which proceedings also the appellant did not pursue and were dismissed in default.12. ..... / plaintiff, husband of the respondent / plaintiff and her own husband and also ousted the respondent / plaintiff from the house; and, iii) pleading that the appellant / defendant had no right to remain in the house, the suit for recovery of possession was filed.9. ..... a perusal of the trial court file shows that the respondent had instituted the suit from which this appeal arises for recovery of possession from the appellant on the ground; i) that the appellant was residing in the property on account of being married to the son of the respondent / plaintiff; ii) that the appellant / defendant had filed several cases against the respondent .....
Tag this Judgment!Court : Delhi
..... importantly, the single judge was also aware of the fact that the appellant had relied on provisions of the protection of women from domestic violence act, 2005 (hereafter 200. ..... 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 rfa (os) 24/2012 page 18 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. ..... the key to an understanding of the rights flowing from the domestic violence act, are concepts such as "domestic relationship'- which inter alia, is "a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage... ..... the other aspect, which this court wishes to highlight, is that the 2005 act applies to all communities, and was enacted "to provide more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring rfa (os) 24/2012 page 21 within the family". .....
Tag this Judgment!Court : Delhi
..... in a complaint under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), trial court vide impugned order of 23rd june, 2008 has directed husband-ravi dutta to pay maintenance of rupees twenty thousand per month to wife- kiran dutta and another rupees twenty thousand per month towards rental and another rupees twenty thousand as compensation under section 22 of the dv act. ..... so far as direction to pay interim maintenance of `10,000/- per month is concerned, i find that appellate court in impugned order has not prima facie disclosed that petitioner-husband is or was committing an act of domestic violence as defined under section 3 of dv act. ..... act ought to have been dismissed, as complainant wife is a highly qualified lady, who has been paid `5.40 lacs annually and that there is no finding of any domestic violence being committed by petitioner-husband. ..... it was submitted on behalf of petitioner-husband that grant of interim maintenance of rupees ten thousand per month is wholly justified without returning a prima facie finding of petitioner-husband being guilty of committing domestic violence. ..... (ii) thereafter, he shall call for a domestic incident report from the protection officer or service provider. ..... the mandate of section 12 of dv act of mandatory consideration of domestic incident report cannot be deviated and the object of dv act cannot be defeated by not remanding the matter back to trial court. .....
Tag this Judgment!Court : Delhi
..... the impugned order dated 29.07.2013 endorsing the finding of the learned mm dated 28.03.2012 vide which the order passed on the complaint case (cc no.174/2003) under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as pwdva ) had been disposed of without granting any relief to the petitioner. ..... period or even prior to that for commission of acts of domestic violence by the respondent. ..... , learned trial court found that complainant was a victim of domestic violence and a prima-facie case of domestic violence was made out against husband/r-1. ..... allegations against father-in-law/r-2 and no case of domestic violence was made out against ajay gupta/r-5 (nandoi). ..... was residing separately since 05.10.2004 and there were no complaints during the intervening period or even prior to that for commission of domestic violence by the respondents. ..... an issued which reads as under: whether prima facie case of domestic violence is made out?. ..... passed by both the two courts below cursorily on surmises and conjectures without applying the settled legal proposition; submission being that the motherin-law of the petitioner namely urmil gupta had been deleted from the complaint case on an application filed by her without any formal order; this was on the pretext that a female does not qualify as a respondent under the pwdva ; submission ..... only in domestic investigation report (dir) filed by the protection officer, ..... has sought firstly protection order u/s 18 pw dv act. .....
Tag this Judgment!Court : Delhi
..... in a complaint under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), trial court vide impugned order of 23rd june, 2008 has directed husband-ravi dutta to pay maintenance of rupees twenty thousand per month to wife- kiran dutta and another rupees twenty thousand per month towards rental and another rupees twenty thousand as compensation under section 22 of the dv act. ..... so far as direction to pay interim maintenance of `10,000/- per month is concerned, i find that appellate court in impugned order has not prima facie disclosed that petitioner-husband is or was committing an act of domestic violence as defined under section 3 of dv act. ..... act ought to have been dismissed, as complainant wife is a highly qualified lady, who has been paid `5.40 lacs annually and that there is no finding of any domestic violence being committed by petitioner-husband. ..... it was submitted on behalf of petitioner-husband that grant of interim maintenance of rupees ten thousand per month is wholly justified without returning a prima facie finding of petitioner-husband being guilty of committing domestic violence. ..... (ii) thereafter, he shall call for a domestic incident report from the protection officer or service provider. ..... the mandate of section 12 of dv act of mandatory consideration of domestic incident report cannot be deviated and the object of dv act cannot be defeated by not remanding the matter back to trial court. .....
Tag this Judgment!Court : Delhi
..... the order dated 18th november, 2008 passed in the criminal appeal no.24/2008 under section 29 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v.act ). ..... while domestic violence act has been enacted by the parliament to prevent acts of domestic violence on women living in a shared ..... the domestic relationship between the aggrieved person and the respondent must be present and alive at the time when complaint under domestic violence act is filed and if this relationship is not alive on the date when complaint is filed, the domestic relationship cannot be said to be there. .... ..... ..... ..... if legislature intended, it would have defined "wife" as in section 125 cr.p.c in domestic violence act as well. ..... also consider that the definition of "wife" as available under section 125 cr.p.c could not be imported into domestic violence act. ..... has also been settled by this court in harbans lal malik (supra) that definition of wife as available in section 125 cr.pc cannot be merged into domestic violence act. ..... in the present case, even before passing of the act of domestic violence, the relationship of husband and wife between the parties was dissolved vide a divorce decree which the parties had obtained under an agreement by mutual consent ..... the expression by the from the bare reading of these two provisions it is apparent that the intention of the legislature is to protect those women who are living into a domestic relationship being related by marriage .....
Tag this Judgment!Court : Delhi
..... becomes her matrimonial home and rights ensuing therefrom under the personal law or today under the protection of women from domestic violence act, 2005 have to be worked upon independently. ..... as under: (a) issue a decree of permanent injunction in favour of the plaintiff and against the defendant no.1 thereby injuncting the defendant no.1, his servants, agents or any person claiming through or under him from interfering with the peaceful possession and enjoyment of the suit property by the plaintiff in any manner whatsoever; (b) issue a decree of permanent injunction in favour of the plaintiff and against the defendant no.1 ..... bonds, indemnifying monet and judgment debtor no.2 against any loss that may be suffered by monet or judgment debtor no.2 in the eventuality of judgment debtor no.2 suffering any loss on account of any act of conduct of theirs before the transfer of 600 shares of jey kay in monet; iv) the decree holder and mr.israni shall file within four weeks an upto date duly audited balance sheet of ..... way of increasing the authorized share capital of defendant no.2; (d) pass a decree of permanent injunction in favour of the plaintiff and against the defendants thereby restraining the defendants from issuing additional or subscribing to the presently un-subscribed/un-issued 800 shares from the authorized share capital of 2000 of the defendant company; (e) issue a decree of mandatory injunction in favour of the plaintiff and against the defendants thereby directing the .....
Tag this Judgment!Court : Delhi
..... achieved to the earlier orders dated 20.7.2013 and 3.12.2013 which clearly hold that there is no law which directs stay of an earlier filed civil suit in a civil court merely because subsequently a case is filed under the protection of women from domestic violence act, 2005.9. ..... the illegal persistence of the petitioner/defendant is clear from the fact that repeatedly the same prayer is made for stay of the suit, although there exist earlier orders declining such a prayer and which orders have become final. ..... and this order reads as under: the status report is received from the trial court. .....
Tag this Judgment!Court : Delhi
..... pithily stated, the question arising for the consideration of this court revolves around the interpretation of the term shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005 and if the present case stands squarely covered by the authoritative pronouncement of the supreme court of india reported as (2007) 3 scc169s.r batra & anr. v. ..... interestingly, we find that the definition of shared residence under section 2(16) of the bangladesh domestic violence (prevention and protection) act, 2010 and the term household as defined under section 2(g) of the pakistan domestic violence (prevention and protection) act, 2012 is conspicuously similar to the conception of shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005. ..... on the first blush it may appear quite jarring to certain quarters of the society that by enacting the protection of women from domestic violence act, 2005 the legislature has invested a right of residence in favour of wives qua premises in which they or their husband admittedly have no right, title or interest and such premises are in fact owned by the relatives of the husband.59. .....
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