Court : Delhi
..... disposed of the application filed by the respondent under section 23 of the protection of women from domestic violence act (in short dv act) and awarded maintenance to the respondent (petitioner before the trial court) of ..... power under crl.rev.p3432018 page 4 of 5 section 23 of the dv act, when a substantive petition under section 12 of dv act was filed and chose to pass an order only when a separate application under section 23 of the dv act was filed, does not mean that a magistrate does not have the power to pass an order with effect from the date of filing of the substantive petition under section 12, which in this ..... learned counsel for the petitioner submits that in april, 2015 after filing of the petition under dv act, there was a settlement between the parties and the parties had resided together and the petitioner has undertaken to bear all ..... the dv act, respondent has specifically stated that the petition under section 12 is to be read with section 19, 20 and 23 of the dv act and she has specifically claimed maintenance from the petitioner.16 ..... trial court has erred in awarding maintenance from the date of filing of the petition under crl.rev.p3432018 page 1 of 5 section 12 of the dv act and has not restricted the same to the date of filing of the application under section 23 of the dv act.4. ..... the arguments of learned counsel for the petitioner that maintenance could not have been awarded from the date prior to the date of filing of application under section 23 of the dv act. .....
Tag this Judgment!Court : Delhi
..... suit property is not the shared household of the defendant as defined under section 2(s ) of the protection of women from domestic violence act, 2005 and the defendant has no statutory right to reside in the suit property contrary to the wishes and desire ..... and denied that the suit property is not a shared household in terms of section 2(s) in terms of the protection of women from domestic violence act, 2005. ..... the written statement the defendant denies that the present suit property is not a shared household in terms of section 2(5) of the protection of women from domestic violence act ..... defendant filed various cases against her ex-husband under the domestic violence act and also got registered an fir under sectionsand also got her ex husband arrested in the aforesaid fir and pursuant thereto a settlement was executed vide settlement deed dated 26.11.2009 before the delhi high court mediation & conciliation centre, wherein the defendant took an alimony of rs.36,50,000/- from her ex-husband and pursuant thereto the divorce by ..... , needs to be now mentioned especially after passing of the benami transaction (prohibition) act, 1988 (hereinafter referred to as the benami act ) and which act states that property in the name of an individual has to be taken as owned by that individual and no claim to such property is maintainable as per section 4(1) of the benami act on the ground that monies have come from the person who claims right in the property though title deeds of the property are .....
Tag this Judgment!Court : Delhi
..... and section 12 of protection of women from domestic violence act, 2005 which had been preferred by the second respondent ..... and protection of women from domestic violence act, 2005 were withdrawn and disposed of accordingly, the first petitioner did not discharge his obligation towards the criminal complaint case no.3595/9/2011 and the criminal case arising out of fir no.70/2013, both pending in ..... and another petition under section 12 of protection of woman from domestic violence act, 2005 which were pending at the relevant point of time before the metropolitan ..... the entitlements of respondent and the minor son vaibhav whatsoever including claims in respect of dowry articles, maintenance, right of the child in the properties, if any percolating from petitioner and his ancestors, etc. ..... thought has been spared to his right to maintenance from his father. ..... from the above, it is the submission of the second respondent that since the first petitioner has not abided by his part of the bargain, he cannot be allowed to take advantage of part of the terms of the settlement to insist on quashing ..... was further agreed that the parties will withdraw their respective petitions under sections 11, 12 and section 13 of hindu marriage act, crl. m.c. ..... from the pleadings and the documents on record, particularly the copy of the mediation settlement dated 30.01.2014 on which the petitioners place prime reliance, it is noted that on account of matrimonial dispute the parties became involved in a number .....
Tag this Judgment!Court : Delhi
..... (petition no.63/2014) and a case under the protection of women from domestic violence act, 2005 (case no.7186/2016) crl. m.c. ..... strictly speaking, the power of compounding of offences given to a court under section 320 is materially different from the quashing of criminal proceedings by the high court in exercise of its inherent jurisdiction. .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Delhi
..... petitioner impugns order dated 26.09.2018 whereby the appellate court set aside order dated 06.04.2018 and remanded the matter to the trial court to decide the application under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), afresh. ..... to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to (a) the loss of earnings; (b) the medical expenses; (c) (d) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and the maintenance for the aggrieved person as well as her children, if any, including an order ..... talks only of maintenance, section 20 dv act stipulates payment of monetary relief to meet the expenses incurred and losses suffered as a result of the domestic violence including but not limited to loss of earning, medical expenses, loss caused due to destruction, damage or removal of any property from the control of aggrieved person. ..... per contra, learned counsel for the respondent submits that the respondent-wife suffered domestic violence and thus was entitled to monetary relief under the dv act. ..... 994/2018 page 8 of 10 application under section 23 of the dv act, the respondent wife has inter-alia sought residence rights under section 19 and protection under section 18 apart from the monetary relief under section 20.19. .....
Tag this Judgment!