Court : Delhi
..... the respondent no.2 preferred a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act ) against the petitioners before the court of learned mm, mahila court, district shahdara, karkardooma courts, delhi. ..... she submits that she had withdrawn her petitions filed under sections 12 of dv act and 125 of cr.p.c. ..... from the concerned courts. .....
Tag this Judgment!Court : Delhi
..... she preferred a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act ) against the petitioners in the court of learned mm, mahila court, saket, new delhi. ..... the respondent no.2 had agreed to withdraw her petition filed under section 12 of dv act and also the execution petition from the court of learned mm, mahila court, saket, new delhi.9. ..... the petitioner no.1 filed a petition for divorce against the respondent no.2 under section 13 of the hindu marriage act, 1955 bearing no.351/2013 before the learned principal judge, family court, jhansi, u.p. ..... she submits that she had withdrawn both her petitions from the court of learned mm, mahila court, saket, new delhi. ..... the respondent no.2 submits that she had received a sum of rs.1,50,000/- from the petitioner no.1 at the time of withdrawal of execution petition. ..... she submits that on 10.03.2017, she had received further a sum of rs.1,50,000/- from the petitioner no.1 at the time of withdrawal of petition under section 12 of dv act. ..... the respondent no.2 submits that she has received the entire settlement amount from the petitioner. .....
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..... crl.rev.p.494/2015 page 1 of 8 harvinder kaur whereby the learned special judge has dismissed an appeal filed by the present petitioner under section 29 of the protection of women from domestic violence act, 2005 against the order dated 23.01.2015 passed by learned metropolitan magistrate-01, central district, tis hazari courts, delhi in cc. ..... subsequently, the respondent/complainant filed an application under section 12 of the protection of women from domestic violence act, 2005 against the petitioner herein-sukhjinder singh saini (husband of the respondent/complainant), jaswinder kaur (mother-in law of respondent/complainant) and varinder kaur (sister in law of the respondent/complainant) along with an application under section 23 (2) of the dv act in the court of learned chief metropolitan magistrate, tis hazari courts, delhi in complaint case no.106/6/14.4. ..... aggrieved from the aforesaid order dated 23.01.2015 the petitioner preferred an appeal under section 29 of the protection of women from domestic violence act, 2005 before the learned sessions court and the learned special judge, cbi-03 (pc act), delhi vide order dated 07.05.2015 dismissed the appeal of the petitioner, i.e. ca no.04/15. ..... it is an admitted fact coming on record that the main application under section 12 of the protection of women from domestic violence act, 2005 is pending before the trial court. .....
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..... she submits that these cases can be differentiated from the present one, since the fleeing parties had not pleaded domestic violence as their reason for fleeing with the child, whereas in the present case, the ..... child was staying in a nuclear family in uk with her parents, in india, she had her grandparents and extended family; (vi) the appellant produced material before the court to suggest her being subjected to physical violence and mental torture by respondent no.2-the husband; (vii) even though the appellant had returned to india on 02.07.2015, no proceedings were instituted by the husband in the uk- including regarding custody of the child, ..... she could escape the domestic violence perpetrated upon her ..... if satisfied, that having regard to the totality of the facts and circumstances, it would be in the interests and welfare of the minor child to decline return of the child to the country from where he/she had been removed; then such an order must be passed without being fixated with the factum of an order of the foreign court directing return of the child within the stipulated time, ..... we may look at some of the provisions of the juvenile justice (care & protection) act, 2015 (jj act), which throw some light on the issue as to what is the content of best ..... entered into between the parties on 28-7-2005, the consent order dated 18-4-2005 regarding custody of minor son adithya continued ..... moved to a women s shelter with the son and obtained a decree of divorce from the michigan circuit .....
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..... subsequently, on 17.07.2012 the respondent filed a petition under section 12 read with sections 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 against the petitioner, father-in-law and mother-in-law, along with an application for interim maintenance under section 23 of dv act in the court of chief metropolitan magistrate, saket courts, new delhi.5. ..... the object of the protection of women from domestic violence act, 2005 is to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.15. ..... the monetary relief as provided under the protection of women from domestic violence act, 2005 is different from maintenance, which can be in addition to an order of maintenance under section 125 cr.p.c. ..... savita bhanot; (2012) 3 scc183 has observed that the conduct of the parties even prior to the coming into force of the protection of women from domestic violence act, 2005 could be taken into consideration while passing an order under sections 18, 19 and 20 of dv act thereof. ..... the brief facts stated are that, a petition under section 12 of the protection of women from domestic violence act, 2005 was filed crl.m.c. .....
Tag this Judgment!Court : Karnataka
..... he would also draw the attention of the court to the provisions of the protection of women from domestic violence act, 2005, with particular reference to the rights vested in the wife and as a pointer in this regard, he would refer to the provisions of section 2(s) of the act. ..... he would further contend that the word or otherwise used in section 28 will take the colour from its 74 preceding words that is species of contingencies over which neither the act nor legislature have any control and hence the provision of section 17 (2) cannot be imported or read into section 28 and hence the impugned order holding that the petitioners ceases to be a member is without authority of law as the ..... in the performance of this duty the judges do not act as computers into which are fed the statutes and the rules for the construction of statutes and from whom issue forth the mathematically correct answer. ..... sub-section (2) deals with eligibility criteria which are attracted even in respect of a person who otherwise was eligible to contest from the agriculturists constituency and act as a representative of the farmers.65. ..... therein it was contended, that both the petitioners were disqualified to contest in the elections from agriculturists constituency, as their respective spouses were registered as traders and were holding trader license under the act, 1966. .....
Tag this Judgment!Court : Delhi
..... petitioner was a petition under section 12 of the protection of women from domestic violence act, 2005 ( pwdv act ) in the court of the metropolitan magistrate ( mm ), ..... has also expressed certain concerns on his travel as proceedings have been initiated by respondent no.2 under the protection of women from domestic violence act and an fir no.55/2017 has been registered against the petitioner and his parents. mr. ..... was held that even in the matter of the 'summary' enquiry "it is open to the court to decline the relief of return of the child to the country from where he/she was removed irrespective of a pre-existing order of return of the child by a foreign court." 25. ..... malhotra submits that respondent no.2 ought to have invoked sections 7 and 25 of the guardians and ward act, 1890 ( gwa ) for the custody of the child in the appropriate court the jurisdiction of which had to be determined in terms of section 9 ..... p (crl) 2034/2017 page 10 of 14 the protection afforded by the order dated 1st august, 2017 should continue ..... petitioner acknowledges having been served notice in the petition under section 12 of the pwdv act, he maintains that till date he has not been served with the notice in the petition and application under sections 13 and 26 of hma respectively pending in the family court, ..... petitioner by the order dated 1st august 2017, it is plain from the said order that it was meant to continue only to facilitate the ..... , on the other hand, submitted that the protection afforded to the... .....
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..... deepti devesh, metropolitan magistrate, mahila court, saket courts, new delhi under the provisions of the protection of women from domestic violence act, number61450/2016 new2005suit no.187/16, in the court of district judge, tis hazari court, new delhi: k c ..... (iv) it is also agreed that the proceedings under the domestic violence act and guardian and wards act relating to custody shall remain stayed till the grant of divorce and till all the terms of settlement are complied ..... is agreed that the property in eldeco olympia ii, noida would fall exclusively to the share of the wife while the flat in sikka karnam greens, noida would fall exclusively to the share of husband (both free from all encumbrances) and the plot at dehradun would stand transferred exclusively to the name of the son vivaan through his legal guardian i.e. ..... (v) fir bearing no.38/2015, ps chitranjan park, delhi filed under section 66a of information technology act, 2006 has been registered on a complaint by the husband against the wife and members of her family members in which a chargesheet has been filed and quashing petition is pending in this ..... , on all visitations, the father will pick up the child from the mother s house and return custody to her at her ..... d s chauhan petition under section 13(i)(ia) of the hindu marriage act, 1955 for dissolution of marriage on the ground of cruelty gwp26of 2014 under section 25 of the guardians & wards act before principal judge, family courts, saket, delhi meera chauhan & anr .....
Tag this Judgment!Court : Delhi
..... it is further contended that after lodging a complaint with the crime against women cell, a complaint was lodged under section 12 of the protection of women from domestic violence act, 2005. ..... it is further submitted by learned counsel for the petitioners that none of the above referred complaints starting from the first complaint lodged on 02.08.2016, no allegation was made against the petitioners of having committed the offence under section 376 ipc. ..... 1850-2017 page 3 of 4 the protection granted earlier and there is no allegation that they have failed to join investigation as and when called upon to do so.8. ..... it is further contended that interim protection was granted to the petitioner on 14.09.2017, which is continuing till date and none of the petitioners have misused the same.7. ..... learned counsel for the petitioners contends that the complainant is an advocate by profession and, because a matrimonial discord, had first lodged a complaint with the crime against women cell on 02.08.2017 alleging demands of dowry. .....
Tag this Judgment!Court : Delhi
..... pithily stated, the question arising for the consideration of this court revolves around the interpretation of the term shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005 and if the present case stands squarely covered by the authoritative pronouncement of the supreme court of india reported as (2007) 3 scc169s.r batra & anr. v. ..... she continued the circumstances her right to residence in the suit property cannot be denied, and as regards issues of title, we have already observed that the right of residence under the protection of women from domestic violence act, 2005, the same would have no bearing. ..... section 2(s) of the protection of women from domestic violence act, 2005 reads as under:-" 2 (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 ..... apart from the above, we are of the opinion that the house in question cannot be said to be a 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act'). .....
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