Court : Punjab and Haryana
..... under section 12 of the prevention of women from domestic violence act, 2005 (for short the act . ..... section 12 under chapter iv of the act deals with application to magistrate seeking one or more reliefs under the act, that is to say: (i) right to reside in a shared household (section 17) (ii) protection order (section 18) (iii) residence orders (section 19) (iv) monetary reliefs (section 20) (v) custody orders (section 21) (vi) compensation orders (section 22) (vii) power to grant interim and ex parte orders (section 23) section 28 of the act deals with procedure and a relevant ..... . it is argued that the respondent left the matrimonial home in the year 2007 and lodged proceedings under section 12 of the act in the year 2012 with an intent to wreak vengeance and cause harassment to the petitioners and others.respondent no.2 is working as a teacher and has sufficient ..... . counsel for the petitioners is fair enough to concede that in proceedings under section 12 of the act for claiming any of the aforesaid reliefs, the presence of the respondent(s) therein cannot be procured by coercive means i.e.warrants (bailable or non-bailable).it is also not denied that personal appearance ..... employment at kurukshetra, there is no question of her residing in the alleged shared household in muzaffarnagar and this fact alone is sufficient to show that the proceedings initiated by the respondent under section 12 of the act are nothing but abuse and misuse of process of law thus, liable to be quashed .....
Tag this Judgment!Court : Punjab and Haryana
..... in the proceedings under the protection of women from domestic violence act, 2005 (for short 'the act of 2005') the trial court dismissed the application of respondent paramjit kaur claiming interim maintenance vide order dated 04.04.2013. ..... after ten years of that settlement in the year 2004, respondent has moved an application under section 23 of the act of 2005. ..... in appeal, the respondent was allowed interim maintenance @ `2,000 per month from the date of filing of the application. ..... during the period from 2004 to 2014, she has not claimed any maintenance. ..... the mere fact that a house has been given for residence to the son of respondent, do not defeat the right of respondent to claim maintenance from her husband. ..... writing dated 02.06.2006 whereby that house was mehta sachin 2014.05.15 17:17 i attest to the accuracy and integrity of this document chandigarh crr-1440-2014 -3- partitioned also speak of no settlement regarding a right of respondent to claim maintenance from her husband. ..... as wife, she has a right to claim maintenance from her husband. .....
Tag this Judgment!Court : Punjab and Haryana
..... petition under the protection of women from domestic violence act, filed by the 1st party pending in the court of ms. ..... that in pursuance of the aforesaid compromise, tejinder kaur and sham davinder kumar 2014.05.17 10:28 i attest to the accuracy and integrity of this document crm-m-5389-2011 3 singh filed a petition under section 13-b of the hindu marriage act for dissolution of their marriage by way of mutual consent and their marriage stands dissolved by a decree of divorce passed in those proceedings. ..... petition under section 9 of the hindu marriage act, titled sham singh vs. .....
Tag this Judgment!Court : Punjab and Haryana
..... c1 in the court of learned judicial magistrate ist class, ambala in proceedings under sections 12 and 17 to 22 of the protection of women from domestic violence act, 2005. ..... from the marriage, they had a son namely akshit who was born on 28.09.2001 at ambala cantt. .....
Tag this Judgment!Court : Punjab and Haryana
..... by the judicial magistrate ist class, tohana on mamta cr-2983-2014 2 2014.05.19 10:33 i attest to the accuracy and integrity of this document 28.11.2013 granting interim allowance of rs.4,500/- per month to the respondent/wife in proceedings which arose from proceedings initiated by the respondent wife under the protection of women from domestic violence act, 2005, was not brought to the notice of the family court. ..... if this was the position then the petitioner would be at liberty to bring this fact to the notice of the matrimonial court for it to consider making a suitable deduction from the maintenance awarded by the matrimonial court so that both the orders can co-exist happily. .....
Tag this Judgment!Court : Punjab and Haryana
..... the said income per month and pleaded that by a mutual agreement, the husband has already paying rs.5,000/-per month as maintenance and rs.2000/-as accommodation charges to the wife in the proceedings under section 12 of the protection of women from domestic violence act. ..... no child is born out from this wedlock. ..... the wife moved an application for maintenance on 11.12.2012 under section 24 of the hindu marriage act. .....
Tag this Judgment!Court : Punjab and Haryana
..... :- domestic violence act, 2005 (hereinafter mentioned as the 2005 act) the court concerned has already ordered him to pay rs.4,500/- per month as rent (of the premises to be provided to the wife) and has also been ordered to pay yet another rs.4,000 ..... it is claimed by the revision petitioner/non-applicant- husband that in a separate proceeding under the protection of women from kadyan vinod kumar 2014.05.28 18:20 i attest to the accuracy and integrity of this document chandigarh civil revision no.4078 ..... bharat bhushan parsoon, j.having married non-applicant/petitioner-husband vikrampal singh on 27.9.2009 and having a daughter born on 12.8.2010 from this marriage, the applicant-wife by way of application under section 24 of the hindu marriage act, 1955 (hereinafter referred to as the act) in a petition for divorce under section 13 of the act preferred by non-applicant/husband, had sought interim maintenance for herself and the child, which was granted to the extent of rs.2,500/- ..... merely because in an application under section 23 of the 2005 act, the court of sub divisional judicial magistrate, anandpur sahib vide its order of 22.2.2013 had assessed monthly income of the respondent as rs.8,000/-, there was no impediment in assessing the income of the husband afresh particularly when in her application (annexure p-2) under section 24 of the act, applicant-wife had categorically mentioned income of the husband from a private job in a kadyan vinod kumar 2014.05.28 18:20 i attest to .....
Tag this Judgment!Court : Punjab and Haryana
..... the complainant is still ready to resume cohabitation with the petitioner but the petitioner is adamant not to settle her in the matrimonial home despite her legal right under section 17 of the protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Punjab and Haryana
..... filed by the complainant against the petitioner and his parents & sister u/ss 12, 18, 19, arvind kumar sharma 2014.05.22 16:26 i attest to the accuracy and integrity of this document chandigarh crm no.m-34081 of 2012 3 20, 22 and 23 of the protection of women from domestic violence act, 2005, containing similar allegations, is also pending in the court of jmic. ..... a swift car, household articles, two ring, weighing 450 grams and 600 grams, have already been recovered by the police from the petitioner on 25.5.2012, during the pendency of petition for anticipatory bail before additional sessions judge. ..... in the light of aforesaid reasons, taking into consideration the totality of the facts & circumstances, emanating from the record, as discussed here-in-before and without commenting further anything on merits lest it may prejudice the case of either side during the course of trial of main case, the instant petition for ..... at the very outset, the learned state counsel, on instructions from asi kashmir singh, has acknowledged the relevant factual matrix and submitted that the petitioner has already joined the investigation & he is no longer required for further interrogation ..... another aspect of the matter, which can be viewed entirely from a different angle. ..... as is evident from the record that the marriage of complainant rajeev kaler, advocate, daughter of ajmer lal kaler, was solemnized with the petitioner on 29.11.2009 according to hindu rites & ceremonies at sohal shahnai resort, gt road, .....
Tag this Judgment!Court : Punjab and Haryana
..... gupta sanjay 2014.05.28 15:18 i attest to the accuracy and integrity of this document high court chandigarh crm m-5060 of 2014 [3].i have considered the said contention in context to provisions of section 17 of the protection of women from domestic violence act,2005, which entitles a married lady to right of residence. ..... he has also argued that the complainant had been suffering from some hormonal disease for which she was asked to undergo tests but she intentionally did not agree to undergo the tests. .....
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