Court : Delhi
..... to do so, judicial notice can be taken of judgment of 24th may, 2008 (annexure a-5) in a complaint under section 12 of the protection of women from domestic violence act, 2005 wherein the concerned court had personally interacted with the children of the parties for thirty minutes and it has been clearly recorded in the aforesaid judgment of 24th may, 2008 ..... note that parties got married on 31st october, 1998 and their marriage ran into rough weather resulting in proceedings under the protection of women from domestic violence act, 2005 and filing of application under this enactment. ..... perusal of impugned order, the evidence on record and the decisions cited, i find that sub-section (3) of section 17 of the guardians and wards act, 1890 mandates that the preference of the minor child, who is old enough to form intelligent preferences, should be considered. ..... evidence has not been dealt with and so, the impugned judgment deserves to be set aside and custody of children ought to be with the petitioner- husband, who is having the custody of children from the beginning. ..... apart from this, during pendency of this appeal, there was an interaction with the children of the parties and in the order of 28 th may, 2014, it is clearly recorded that the children can clearly ..... (2005) ..... 2013 grants permanent custody of children master shubham, aged about eleven years and kumari radhika, aged about fourteen years to respondent-wife on application under section 25 of the guardians and wards act, 1890. .....
Tag this Judgment!Court : Delhi
..... to do so, judicial notice can be taken of judgment of 24th may, 2008 (annexure a-5) in a complaint under section 12 of the protection of women from domestic violence act, 2005 wherein the concerned court had personally interacted with the children of the parties for thirty minutes and it has been clearly recorded in the aforesaid judgment of 24th may, 2008 ..... note that parties got married on 31st october, 1998 and their marriage ran into rough weather resulting in proceedings under the protection of women from domestic violence act, 2005 and filing of application under this enactment. ..... perusal of impugned order, the evidence on record and the decisions cited, i find that sub-section (3) of section 17 of the guardians and wards act, 1890 mandates that the preference of the minor child, who is old enough to form intelligent preferences, should be considered. ..... evidence has not been dealt with and so, the impugned judgment deserves to be set aside and custody of children ought to be with the petitioner- husband, who is having the custody of children from the beginning. ..... apart from this, during pendency of this appeal, there was an interaction with the children of the parties and in the order of 28 th may, 2014, it is clearly recorded that the children can clearly ..... (2005) ..... 2013 grants permanent custody of children master shubham, aged about eleven years and kumari radhika, aged about fourteen years to respondent-wife on application under section 25 of the guardians and wards act, 1890. .....
Tag this Judgment!Court : Delhi
..... to do so, judicial notice can be taken of judgment of 24th may, 2008 (annexure a-5) in a complaint under section 12 of the protection of women from domestic violence act, 2005 wherein the concerned court had personally interacted with the children of the parties for thirty minutes and it has been clearly recorded in the aforesaid judgment of 24th may, 2008 ..... note that parties got married on 31st october, 1998 and their marriage ran into rough weather resulting in proceedings under the protection of women from domestic violence act, 2005 and filing of application under this enactment. ..... perusal of impugned order, the evidence on record and the decisions cited, i find that sub-section (3) of section 17 of the guardians and wards act, 1890 mandates that the preference of the minor child, who is old enough to form intelligent preferences, should be considered. ..... evidence has not been dealt with and so, the impugned judgment deserves to be set aside and custody of children ought to be with the petitioner- husband, who is having the custody of children from the beginning. ..... apart from this, during pendency of this appeal, there was an interaction with the children of the parties and in the order of 28 th may, 2014, it is clearly recorded that the children can clearly ..... (2005) ..... 2013 grants permanent custody of children master shubham, aged about eleven years and kumari radhika, aged about fourteen years to respondent-wife on application under section 25 of the guardians and wards act, 1890. .....
Tag this Judgment!Court : Delhi
..... a complaint under section 12 of the protection of women from domestic violence act, 2005 against the petitioners. ..... i am of the considered opinion that this matter deserves to be given a quietus at this stage itself since the parties have resolved their differences, which were matrimonial and domestic in nature, on terms; and the first petitioner and the complainant have obtained a divorce by mutual consent; and since the complainant is no longer interested in supporting the prosecution, thereby reducing the chances of ..... on the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under ..... counsel for the state submits that looking to the overall circumstances, and since the matter pertains to a matrimonial and domestic dispute where the parties have settled the matter on terms, and the first petitioner and the complainant have obtained a divorce by mutual consent; and the complainant is no longer interested in supporting the prosecution ..... that the aforesaid fir came to be lodged at the instance of the complainant consequent upon certain matrimonial and domestic disputes that had arisen between the parties pursuant to her marriage with the first petitioner, sh. .....
Tag this Judgment!Court : Delhi
..... a complaint under section 12 of the protection of women from domestic violence act, 2005 against the petitioners. ..... i am of the considered opinion that this matter deserves to be given a quietus at this stage itself since the parties have resolved their differences, which were matrimonial and domestic in nature, on terms; and the first petitioner and the complainant have obtained a divorce by mutual consent; and since the complainant is no longer interested in supporting the prosecution, thereby reducing the chances of ..... on the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under ..... counsel for the state submits that looking to the overall circumstances, and since the matter pertains to a matrimonial and domestic dispute where the parties have settled the matter on terms, and the first petitioner and the complainant have obtained a divorce by mutual consent; and the complainant is no longer interested in supporting the prosecution ..... that the aforesaid fir came to be lodged at the instance of the complainant consequent upon certain matrimonial and domestic disputes that had arisen between the parties pursuant to her marriage with the first petitioner, sh. .....
Tag this Judgment!Court : Delhi
..... section 12 of the protection of women from domestic violence act, 2005, as well as under ..... move the family court in a joint petition seeking divorce by mutual consent under sections 13 b(1) and 13b(2) of the hindu marriage act, 1955, and that all pending proceedings initiated by the complainant, including the aforesaid proceedings under section 12 of the protection of women from domestic violence act, as well as under section 125 cr.p.c. ..... 12 of the protection of women from domestic violence act, are also ..... on the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion ..... of the considered opinion that the matter deserves to be given a quietus at this stage itself, since the parties have settled what was primarily a domestic and matrimonial dispute, on terms, and have also obtained divorce by mutual consent and where the complainant is no longer interested in supporting the prosecution ..... counsel for the state submits that looking to the overall circumstances, and since the matter has arisen primarily out of domestic and matrimonial differences and where the parties have settled their differences on terms and have also obtained divorce by mutual consent, and where the complainant is no longer .....
Tag this Judgment!Court : Delhi
..... section 12 of the protection of women from domestic violence act, 2005, as well as under ..... move the family court in a joint petition seeking divorce by mutual consent under sections 13 b(1) and 13b(2) of the hindu marriage act, 1955, and that all pending proceedings initiated by the complainant, including the aforesaid proceedings under section 12 of the protection of women from domestic violence act, as well as under section 125 cr.p.c. ..... 12 of the protection of women from domestic violence act, are also ..... on the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion ..... of the considered opinion that the matter deserves to be given a quietus at this stage itself, since the parties have settled what was primarily a domestic and matrimonial dispute, on terms, and have also obtained divorce by mutual consent and where the complainant is no longer interested in supporting the prosecution ..... counsel for the state submits that looking to the overall circumstances, and since the matter has arisen primarily out of domestic and matrimonial differences and where the parties have settled their differences on terms and have also obtained divorce by mutual consent, and where the complainant is no longer .....
Tag this Judgment!Court : Delhi
..... addition, the complainant had also instituted proceedings under section 12 of the protection of women from domestic violence act, 2005, and under section 125 of the cr.p.c.5. ..... on the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under section 307 ..... am of the considered opinion that the matter deserves to be given a quietus at this stage itself, since the parties have settled what was primarily domestic and matrimonial dispute on terms and have also divorced each other and the complainant is no longer interested in pursuing the investigation.11. ..... counsel for the state submits that looking to the overall circumstances, and since the matter has arisen primarily out of domestic and matrimonial differences and where the parties have settled their differences on terms and have also divorced each other, and where the complainant is no longer interested in pursuing the matter, no useful purpose would ..... it is stated that the aforesaid fir came to be lodged at the instance of the complainant as a result of certain domestic and matrimonial dispute that had arisen between the parties consequent upon her marriage to the first petitioner, zubair ahmad, on 26.04. .....
Tag this Judgment!Court : Delhi
..... addition, the complainant had also instituted proceedings under section 12 of the protection of women from domestic violence act, 2005, and under section 125 of the cr.p.c.5. ..... on the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under section 307 ..... am of the considered opinion that the matter deserves to be given a quietus at this stage itself, since the parties have settled what was primarily domestic and matrimonial dispute on terms and have also divorced each other and the complainant is no longer interested in pursuing the investigation.11. ..... counsel for the state submits that looking to the overall circumstances, and since the matter has arisen primarily out of domestic and matrimonial differences and where the parties have settled their differences on terms and have also divorced each other, and where the complainant is no longer interested in pursuing the matter, no useful purpose would ..... it is stated that the aforesaid fir came to be lodged at the instance of the complainant as a result of certain domestic and matrimonial dispute that had arisen between the parties consequent upon her marriage to the first petitioner, zubair ahmad, on 26.04. .....
Tag this Judgment!Court : Delhi
..... at the same time, complainant had also instituted proceedings under section 12 of the protection of women from domestic violence act, 2005.5. ..... i am of the considered opinion that the matter deserves to be given a quietus at this stage itself since the parties have settled the matter, which arose largely out of a matrimonial and domestic dispute, on terms; and the first petitioner and the complainant have obtained a divorce by mutual consent, and the complainant is no longer interested in pursuing the matter, or even supporting the case of the prosecution if at all ..... on the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the high court should refrain from exercising its power under section 482 of the code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under section 307 ..... the aforesaid fir is stated to have been lodged by respondent no.2/complainant consequent upon certain matrimonial and domestic disputes that arose between the parties pursuant to her marriage with petitioner no.1-ankit sharma on 15th january, ..... similarly, for offences alleged to have been committed under special statute like the prevention of corruption act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the .....
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