Court : Punjab and Haryana
..... it is further stated that the petitioner has filed two proceedings namely (i) petition under section 12 of the protection of women from domestic violence act, 2005 and (ii) complaint case under sections 406/498-a ipc, which are pending at ludhiana. ..... , the divorce proceedings titled as amrik singh versus taranpreet @ gaganpreet kaur pending in the court of learned distt.judge, kapurthala is ordered to be withdrawn and transferred to the district courts, ludhiana for disposal in accordance with law from the stage of withdrawal. ..... even a single penny for the upkeep and ta 606/2012 (o&m) #2# maintenance of petitioner wife in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at kapurthala which is about 74 kms away from ludhiana. .....
Tag this Judgment!Court : Punjab and Haryana
..... filed by the husband, in view of the pendency of the criminal proceedings under sections 406/498-a/420 ipc and the proceedings under section 125 cr.pc as well as complaint under the protection of women from domestic violence act,2005, at pehowa, husband has filed a second petition under section 9 of the hindu marriage act at garhshankar to harass the wife. ..... sought is that the wife does not have sufficient means and has to maintain a minot son and thus it is extremely inconvenient for her to travel 200 kilometers from pehowa to garhshankar by changing various buses to pursue the aforesaid section 9 petition, whereas no prejudice would be caused to the husband who is already facing three ..... application under section 24 cpc seeking transfer of petition under section 9 of the hindu marriage act, filed by the respondent husband from the court of additional civil judge (senior division).garhshankar to the court of competent jurisdiction at ..... petition is allowed, the petition under section 9 of the hindu marriage act titled varinder ta 573/2012 4 kumar v rekha, pending in the court of additional civil judge (senior division) garhshankar is ordered to be withdrawn and transferred to the court of competent jurisdiction at pehowa for disposal in accordance with law from the stage of withdrawal. ..... , where she is residing at her parental home since 2007 and as a counter blast the husband filed a petition for restitution of conjugal rights under section 9 of the hindu marriage act at garhshankar. .....
Tag this Judgment!Court : Punjab and Haryana
..... filed under section 482 of the code of criminal procedure for quashing of fir no.111 dated 06.06.2010 (annexure p-1) under sections 494, 323, 506 read with section 34 of indian penal code and sections 3 and 4 of the protection of women from domestic violence act, 2005 registered at police station a division, amritsar, and all other consequential proceedings arising therefrom on the basis of compromise, annexure p-2, having been entered between the parties. ..... in nature which has been settled due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned fir no.111 dated 06.06.2010 (annexure p-1) under sections 494, 323, 506 read with section 34 of indian penal code and sections 3 and 4 of the protection of women from domestic violence act, 2005 registered at police station a division, amritsar alongwith all consequential proceedings qua petitioner ..... stated by learned counsel for the parties that crm m-40722 of 2012 -2- dispute between the parties was matrimonial in nature and the same has since been settled due to intervention of respectable persons and relatives from both the sides. .....
Tag this Judgment!Court : Punjab and Haryana
..... as per the facts of the above said case, the application under section 12 of the protection of women from domestic violence act, 2005, is not maintainable after husband and wife obtained divorce by mutual consent. ..... in the facts of the present case, even though the petitioner has been granted divorce on 28.01.2011 but the application under section 12 of the protection of women from domestic violence act, 2005 is filed on 9.6.2009, the application is maintainable. ..... 07.26 10:19 i attest to the accuracy and from domestic violence act. ..... therefore, they could not live together and she was turned out of her matrimonial home on 20.02.2009 and petitioner has filed a complaint under section 12 of the protection of women crl. ..... however, at this stage, counsel for the petitioner restricts his prayer for maintenance from date of filing of the present application till the date when she has been granted crl. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is averred that petitioner-wife has filed proceedings under section 12 of the protection of women from domestic violence act, 2005 as well as under section 125 of the cr.pc for grant of maintenance for herself and for the minot daughter at karnal. ..... it is further averred that it is very difficult for the petitioner- wife to pursue her case at jind which is at a distance of 90-100 kms from karnal as there being no male member to accompany her to jind. ..... (oral) petitioner wife has filed the present transfer application under section 24 of the code of civil procedure for the transfer of divorce proceedings under section 13 of the hindu marriage act, 1955 initiated by respondent-husband titled as devender singh versus manju . ..... in view of the above, the present petition is allowed, the petition under section 13 of the hindu marriage act, 1955 titled as devender singh versus manju . ..... pending in the court at jind is ordered to be withdrawn and transferred to courts of competent jurisdiction at karnal for disposal in accordance with law from the stage of withdrawal. ..... to harass the petitioner-wife and as a counter blast, respondent mahajan vinay 2013.07.20 14:33 i attest to the accuracy and integrity of this document at chandigarh ta no.84 of 2013(o&m) #2# husband has filed the proceedings under section 13 of the hindu marriage act at jind. ..... from the court at district jind to the court of competent jurisdiction at karnal. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is alleged that the petitioner is residing separately at her parental home at jalandhar, where she has filed two proceedings namely (i) fir under sections 406/498-a ipc and (ii) petition under ta 546/2012 (o&m) #2# section 12 of the protection of women from domestic violence act, 2005. ..... in view of the above, the present petition is allowed, the petition under section 9 of the act titled parminder singh versus mandeep kaur from the courts at mukerian, district hoshiarpur is ordered to be withdrawn and transferred to the district courts, jalandhar for disposal in accordance with law from the stage of withdrawal. ..... ) for restitution of conjugal right, titled parminder singh versus mandeep kaur from the courts at mukerian to the court of competent jurisdiction at jalandhar. ..... it is further stated that in order to harass the petitioner-wife, the respondent husband filed a petition under section 9 of the act which, as noticed above, is pending in the court of learned addl. ..... that the petitioner is employed as ett teacher serving in a govt school at jalandhar and in these circumstances, it is difficult for her to attend the proceedings initiated by the respondent husband at mukerian, district hoshiarpur which is about 60 kms away from jalandhar. ..... jaswant singh,j(oral).petitioner wife has filed the present transfer application under section 24 cpc for the transfer of petition filed by respondent husband under section 9 of the hindu marriage act,1955 (for short the act . .....
Tag this Judgment!Court : Punjab and Haryana
..... of the controversy, it is pertinent to mention that the trial court has assessed maintenance payable to the respondent-wife and minot daughter of the parties, as an interim measure, pending the decision of proceedings under sections 17/18/19/20 and 23 of the protection of women from domestic violence act, 2005. ..... it is a question of fact to be adjudicated upon after parties lead evidence, if respondent no.1 is guilty of withdrawing from the society of her husband. .....
Tag this Judgment!Court : Punjab and Haryana
..... due to some matrimonial dispute between the parties, surbhie kapoor has filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (the act for short) against her husband and his parents. ..... the court of appeal, vide impugned order dated 11.9.2012, reduced the quantum of maintenance from ` 50,000/- to ` 25,000/-. .....
Tag this Judgment!Court : Punjab and Haryana
..... she also filed a petition under section 12 of the protection of women from domestic violence act, 2005. ..... so far as argument of learned counsel for the petitioner that act of sexual intercours.was committed without her consent is concerned, the same also cannot be accepted as it has been rightly observed by learned additional sessions judge that bare perusal of section 376 ipc shows that sexual ..... it is also contended that act of sexual intercours.was committed with her by respondent-accused without her consent and hence, offence under section 376 ipc is made out. .....
Tag this Judgment!Court : Punjab and Haryana
..... keeping in view the totality of the facts and circumstances, the maintenance awarded to the petitioner by the trial court, affirmed in revision, is enhanced to the tune of rs.20,000/- per month from the date of application under section 12 of the protection of women from domestic violence act, 2005. ..... the petition filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act . ..... taking into account the liability of the respondent to pay rs.10,000/- towards emi of the flat, however, keeping in view the salary of the respondent which is further increasing from april 2009 onwards and has been raised to rs.99,057/- in january 2011, i am of the considered opinion that the maintenance assessed by the trial court is liable to be enhanced. ..... the petitioner has placed on record annexure p-8, a document in regard to salary of the respondent-husband from april 2009 to march 2011. ..... counsel for the petitioner submits that the respondent-husband is drawing salary more than rs.60,000/- per month, as per copy of salary ledger for the financial years 2009-10 and 2010-11 (annexure p-8).it is argued that from august 2010 onwards, his salary has increased substantially which varies from rs.70,000/- to 90,000/-. ..... a perusal of annexure p-8 reveals that salary of the respondent-husband has increased substantially from august 2010 onwards. ..... , are made from his salary, therefore, there is no error or illegality in the orders impugned. .....
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