Court : Madhya Pradesh
..... act of mental cruelty making false allegations against the sister of the respondent, it is also matter on record that the appellant filed various such complaint under section 498-a of ipc under domestic violence act ..... their social status, and should consider the impact of the personality and conduct of one spouse on the mind of the other, weighing all incidents and quarrels between the spouses from that point of view; further, the conduct alleged must be examined in the light of the complainant's capacity for endurance and the extent to which that capacity is known to the other spouse. ..... of the respondent was that the appellant and her family members had been pressurizing the respondent to send the mother and sister-menakshi from the matrimonial house to some other property by taking it on rent and transfer the property in which the parties had been residing ..... mental cruelty is seen in the scurrilous, vulgar and defamatory statement made by the respondent-wife in her complaint dated 4/10/1999 addressed to the superintendent of police, women protection cell. ..... the approach should be to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the petitioner in the divorce petition has been subjected to mental cruelty ..... * * (vii) sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic .....
Tag this Judgment!Court : Madhya Pradesh
..... the respondent filed an application under section 12, 20, 23 of the protection of women from domestic violence rules, 2005, here-inafter in short do. ..... act is a measure of social justice and is specially enacted to protect women and falls within constitutional sweep of article 15(3) reinforced by article 39 of the constitution of india. ..... but, prima facie it is apparent from the record that the applicant and the respondent knows well each other due to this admitted position that both were in the same profession, p.r.t. ..... this act as well as rules framed their under are meant to achieve a social purpose. ..... act , against the applicant before learned gram nyayalaya, anuppur for claiming maintenance. .....
Tag this Judgment!Court : Madhya Pradesh
..... the import and the purpose for which the protection of women from domestic violence act 2005 has been initiated and the intention for incorporating section 498-a ipc has to ..... it is said that on receipt of the summons with regard to the aforesaid case, non applicant no.2 filed a police complaint under the protection of women domestic violence act vide annexure a/2 and a fir with the police station vide annexure a/3 on 16.6.2009 for offences under section 498a and 34 of ipc and police after investigation into the fir having ..... a/2 is taken note of, it would be seen that apart from the ingredients necessary for constituting an offence under section 498a, various other allegations are there in the matter which comes within the purview of the rules framed and offence contemplated under the domestic violence act, 2005. ..... therefore, clear that in the application and the complaint registered under the domestic violence act the allegations are different and allegation for offence under section 498a are different ..... the case are different and if the application filed by the non applicant under the domestic violence act i.e. ..... section 498a and another under the domestic violence act. ..... was filed after the proceeding under section 9 was initiated is concerned, the non applicant no.2 not only in her complaint but also in a statement recorded under section 161, apart from giving details of act committed against her, indicated reasons explaining her conduct in not making complaint at every point of time. .....
Tag this Judgment!