Court : Punjab and Haryana
..... vide order dated 9.7.2011, judicial magistrate first class, faridabad, had allowed the application under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') filed by respondent no.1, holding that respondent no.1 had been a victim of domestic violence. ..... the shared household has been defined under section 2 (s) of the act which reads as follows: - "(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 the ..... respondent-wife after marriage had stayed in the house of the petitioner as such, the house which is owned by the petitioner would fall within the definition of "shared household" given in section 2 (s) of the act because "shared household" would mean the household where the aggrieved person (wife) lives or at any stage has lived in the domestic relationship either singly or along with the respondent. ..... the word "domestic relationship" is defined in section 2 (f) the act as under: - "2 (f) "domestic relationship" means 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, or through a relationship in the nature of marriage, adoption or are .....
Tag this Judgment!Court : Punjab and Haryana
..... argued that interim maintenance granted to the respondent is excessive amount and secondly on the ground that respondent is already taking interim maintenance @ `3,000/- per month, which has been ordered by learned magistrate in petition under protection of women from domestic violence act 2005 (for short dv act . ..... as regarding the averments in the order that this maintenance is in addition to the interim maintenance granted in other proceedings under section 12 of dv act, 2005, it is clarified that it is for the learned judicial magistrate ist class or the executing court to see whether both the maintenance, as per law, can be claimed. ..... it is for the judicial magistrate to decide that amount of interim maintenance of `3,000/- granted in petition under section 12 of dv act, 2005, is to be recovered or is to be adjusted in the amount of maintenance granted in petition under hma. ..... keeping vineet gulati201408.20 17:27 i attest to the accuracy and integrity of this document chandigarh cr no.5241 of 2014 -2- in view the income of the petitioner, the interim maintenance of `4,000/- under section 25 of hindu marriage act (hma) granted to the respondent and `3,000/- under section 26 of hma granted to minor daughter, in no way can be held as excessive. ..... the judicial magistrate may decrease or increase the amount in the dv act or that maintenance may be only upto the disposal of that petition. .....
Tag this Judgment!Court : Punjab and Haryana
..... on 16.11.2007, the respondent filed an application under section 12 of the protection of women from domestic violence act, 2005 against the appellant but withdrew the same on 13.5.2008 by making a statement that she did not want to continue with the said case as she was leading happy married life. ..... feeling aggrieved by the judgment and decree dated 1.10.2013 passed by the additional district judge, panipat, whereby the petition filed by the respondent-wife under section 13 of the hindu marriage act, 1955 (in short "the act") for dissolution of marriage by a decree of divorce was allowed, the appellant-husband has approached this court by way of instant appeal. 2. ..... the ill-conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty. ..... he did not pay the domestic expenses to the respondent and she had to run household from the income of her mother who was serving in sewa dal at civil hospital, panipat. ..... 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 due to conduct of the other." 10. ..... whether the petitioner is stopped by her own act and conduct from filing the present petition? .....
Tag this Judgment!Court : Punjab and Haryana
..... also facing prosecution under the protection of women from domestic violence act, 2005. ..... chose to withdraw the execution petition filed to enforce the decree for restitution of conjugal rights with a specific endorsement that she had proposed to initiate proceedings under the protection of women from domestic violence act, 2005. ..... is entitled to prosecute the appellant under the domestic violence act. ..... of cruelty levelled against the respondent in the petition under section 13 of the hindu marriage act, 1955 have not been established by the appellant, as rightly observed by the trial court. ..... court has rightly dismissed the petition filed by the appellant under section 13 of the hindu marriage act, 1955 and allowed the petition under section 9 filed by the respondent, it was contended. 12 ..... referring to the written statement filed in the petition under section 9 of the hindu marriage act, 1955, learned counsel appearing for the respondent submitted that there was a clear stand taken by the appellant that he was prepared to take his wife to the ..... who is the husband of the respondent aggrieved by the dismissal of his petition filed under section 13 of the hindu marriage act, 1955 praying for divorce on the ground of cruelty has preferred fao-57-m of 2006. ..... in the petition filed by the respondent under section 9 of the hindu marriage act praying for restitution of conjugal rights, she has pleaded that the appellant and his family members were not happy with the dowry articles brought by .....
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..... singh, j.petitioners, who are facing allegations of domestic violence, have approached this court under section 482 of the code of criminal procedure for quashing of complaint no.209-2 dated 11.01.2013 along with form no.1 under section 12 of the protection of women from domestic violence act, 2005 (for short 'the act') and notice dated 16.07.2013 vide which petitioners have ..... judgment and order, the high court has refused to quash the proceedings initiated against the petitioners by the respondent no.2-wife, under section 12 of the protection of women from domestic violence act, 2005 (for brevity the act, 2005 .).3. ..... these orders include order prohibiting the respondent from (a) committing any act of domestic violence; (b) aiding or abetting in the commission of acts of domestic violence; (c) entering the place of employment, or school in the case of the child, of the aggrieved person; (d) attempting to communicate with the aggrieved person, (e) alienating any assets or operating bank accounts and bank lockers used or enjoyed by both the parties, or singly by the respondent and (f) causing violence to the dependants or other relatives of ..... -for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal .....
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..... in the present case, petitioner has filed application under section 12 of the protection of women from domestic violence act, 2005. ..... revision no.2408 of 2014 -2- vide order dated 8.10.2013 granted ex parte interim order whereby respondents were restrained from creating any obstruction for the petitioner in entering her shared household. .....
Tag this Judgment!Court : Punjab and Haryana
..... even a potent and kumar sanjeev 2014.08.22 12:23 i attest to the accuracy and integrity of this document civil writ petition no.24392 of 2013 (o&m) -4- protective legislation like protection of women against domestic violence act, 2005 (for short, act of 2005) will be rendered effete, if it were to be wrongly assumed that a father can throw out his daughter or daughter-in-law; that a husband can throw out the wife, estranged wife or divorced wife. ..... the provisions of the protection which is contemplated under chapter v is an empowering provision for the welfare of a senior citizen that must be read cohesively that the right of a woman to be protected which is guaranteed under the act of 2005. ..... it will be wrong to import a principle of law from the judgment that law recognizes an action for ejectment for a husband or father in law to deny a woman a right to shelter, the most required protection for a woman, the recognition of her right to safety and a non-negotiable tool for nurturing her dignified living. ..... the relief granted cannot be a precedent to a commonplace occurrence of the daily squabble at home between spouses or members in the family and a precipitate action for ejectment of a wife or a daughter-in-law from the matrimonial home, which is understood as a shared household between husband and wife or a father, son and daughter-in-law. ..... even at the interlocutory stage, there was a petition for injunction by the wife against the petitioner from dispossessing her. .....
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..... has been non- suited by the learned additional district judge, sirs.for the reason that she is a recipient of ` 2000/- per month with effect from 17.9.2011 by an order passed by the learned judicial magistrate, 1st class, sirs.in a petition under section 12 of the protection of women from domestic violence act, 2005 passed on 23rd july, 2012. ..... was eminently maintainable and called for an independent decision keeping in mind the amounts already awarded in the domestic violence proceedings and dovetailing that amount and deducting that amount in the final dispensation of just maintenance awardable. ..... at best, the matrimonial court can factor in the maintenance awarded under the special act in awarding interim maintenance to the wife under section 24 paritosh kumar201408.04 11:10 i attest to the accuracy and integrity of this document cr-4770-2014 :2: of the hma in the light of the current income and status of the ..... an order of maintenance passed under the aforesaid special act does not bar an application under section 24 of ..... proceedings or that she was unable to produce any evidence to establish increase in income of the husband after passing of the maintenance order in 2012 justifying enhancement, is also not a valid ground to throw out the application from the court window. ..... this petition is directed against the order dated 21st may, 2014 passed by the learned additional district judge, sirs.on an application filed by the wife under section 24 of the hindu marriage act, 1956. .....
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..... that the respondent shall withdraw the complaint filed by her under section 12 of the protection of woman from domestic violence act, 2005 pending before the ld.j.m.i.c. ..... to mean the publication, whether by words, spoken or written or by single or by visible representations, or otherwise of any matter or the doing of any other act whatsoever which scandalizes or tends to scandalize or lowers or tends to lower the authority of any court or prejudice or interferes or tends to interfere with the due cours.of any judicial proceedings or interferes or tends to interfere with or obstructs or tends to obstruct ..... in the entire conduct of the contemner is a clear attempt to mislead the court, obstruct the cours.of justice and subvert the legitimate process of law to defeat the rights of the wife flowing from the settlement and undertaking given to this court. ..... (viii)that fir no.53 dated 1.2.2012 under section 66(1) i.t.act, 2000 and section 292 ipc registered against the respondent by the father of the deponent shall also not be pursued and steps shall be taken to have it quashed/ ..... (iii) that the custody of the son (d.o.b.12.8.2005) of the deponent and the respondent would remain with the deponent and he shall have complete responsibility of singh daljit 2014.03.26 10:48 i attest to the accuracy of this document cocp no.359 of 2014 -2 looking after the ..... need not however, wander into this arena as the parliament has enacted the contempt of courts act, 1971 and defined contempt of court . .....
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..... against the order dated 6.12.2013, passed by the learned chief judicial magistrate, panipat on the application under section 311 cr.p.c.filed by the petitioner to place on record of the trial court, copy of petition under section 12 of the protection of women from domestic violence act, 2005, copy of reply to the said petition and copy of protection order dated 7.8.2009 passed during the pendency of said petition. .....
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