Court : Delhi
..... the parties are locked in other litigation including proceedings arising out of a petition filed by the defendant under the provisions of protection of women from domestic violence act, 2005.3. ..... by way of amendment of the written statement, as proposed in the application under order vi rule 17 cpc, the defendant, however, sought to narrate the history of the estate of the family from the time of its migration to india from areas now in pakistan, referring in that context to the existence of a hindu undivided family (huf) and of the plaintiff s father having set up business here in delhi, the plaintiff being a co-parcener in the huf and a partner in the ..... kesar singh dhingra had purchased the said plot of land in new friends colony and raised construction thereupon out of the joint family fund and hence from the proceeds of ancestral property and after his death, the plaintiff and his brother surender singh dhingra having inherited the said property and other family business.6. ..... she now proposes to state that the property at k-12, kirti nagar, new delhi and the property in new friends colony were purchased from cm(m) 92/2018 page 3 of 4 the inherited estate and income of joint family business in the name of plaintiff s father, he acting as head/karta of huf.7. ..... it appears from the submissions that the dispute arose on account of matrimonial discord between the petitioner and her husband. .....
Tag this Judgment!Court : Delhi
..... and proceedings under section 12 of the protection of women from crl.rev.p.314/2017 page 1 of 6 domestic violence act, 2005 (hereinafter referred to as the d.v.act ) seeking maintenance would not lie. ..... it must be considered that for granting maintenance, a party can either approach the court of mm under domestic violence act soon after commission of domestic violence or under section 125 cr. p.c. ..... under domestic violence act should that learned mm was right 11. ..... and domestic violence act is parallel jurisdiction and if maintenance has been granted under section 125 cr. p.c. ..... , re-adjudication of the issue of maintenance cannot be done by a court of mm under domestic violence act. ..... , re- adjudication of the issue of maintenance cannot be done by a court of mm under domestic violence act. ..... sub-section (1) of section 12, the magistrate may direct the respondent to pay monetary relief 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 crl.rev.p.314/2017 page 2 of 6 4. ..... the petitioner was given liberty to seek revival of the proceedings in case maintenance issue was not sought for in the domestic violence proceedings. .....
Tag this Judgment!Court : Supreme Court of India
..... initiation of proceedings in such cases; (d) examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disaster, domestic violence, hiv/aids, trafficking, maltreatment, torture and exploitation, pornography and prostitution and recommend appropriate remedial measures; (e) look into the matters relating to children in need of special care and protection including children in distress, marginalized and disadvantaged children, children in conflict with law, juveniles, children without family and ..... shall consist of the following members, namely: (a) a chairperson who, is a person of eminence and has done outstanding work for promoting the welfare of children; and (b) six members, out of which at least two shall be women, from the following fields, to be appointed by the central government from amongst persons of eminence, ability, integrity, standing and experience in, (i) education; (ii) child health, care, welfare or child development; (iii) juvenile justice or care of neglected or marginalized children or children with disabilities; w.p. ..... section 13 of the commissions for protection of child rights act, 2005 details the functions of the ncpcr and this reads as follows: w.p. ..... (c) no.473 of 2005 page 18 of 62 mentioned that the scpcr is a body constituted under the provisions of the commissions for protection of child rights act, 2005 with a variety of functions as detailed in section 13 of the said act.39. .....
Tag this Judgment!Court : Delhi
..... of fir no.55/2017 lodged by the respondent no.2 at ps cwc nanakpura are that she had filed a case under protection of women from domestic violence act at the district court saket which is pending. ..... alleged that prior to december, 2014 the petitioners herein who are the parents of dirshan came to new delhi from surat when they did not reveal the factum of dirshan suffering from psychiatric disorder and that his earlier marriage was dissolved due to psychiatric disorder, thus they played fraud on the ..... learned counsel for the petitioner also contends that the complainant voluntarily left cape town which is demonstrated from the documents placed by the petitioner on record and that the complaint in delhi was made after three months of coming to delhi on the basis of ..... it is the case of the petitioners that the parties stayed in delhi at sheraton hotel from 25th june 2015 up till 1st july, 2015 that is only for a period of six days, whereafter the respondent no.2/complainant and dirshan, son of the petitioners had gone for their honeymoon from 2nd july, 2015 to 7th july, 2015 to udaipur, when the petitioners had no occasion to ..... the function the petitioner no.2 took away all the jewellery given to the complainant by her family members as well as from the side of the accused persons on the pretext of keeping it safely with her. ..... the marriage was materialised through the website shaadi.com and from the very inception all the accused demanded a lavish wedding at a five star hotel with .....
Tag this Judgment!Court : Delhi
..... rahul bhargava seeks quashing of the complaint filed by respondent no.2 (divya sharma) cc no.46/1/2016 under section 12 read with sections 17, 18, 19, 20, 22 & 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act ). ..... protection of women from domestic violence act had been promulgated in the year 2005. ..... the argument of the petitioner is bordered on his submission that the court below did not have the territorial jurisdiction to entertain the complaint case under the dv act as even as per the complainant all acts/incidents of alleged domestic violence were committed outside the territorial jurisdiction of delhi; not being within the precincts of national capital territory of delhi, the cognizance taken on that complaint is bad; it is liable to be set ..... aggrieved person which in this case was the complainant and being a resident of delhi where the incidents/acts of domestic violence (noted supra) had occurred were within the territorial jurisdiction of delhi. ..... as per its statement of objects and reasons since the phenomenon of domestic violence had become widely prevalent, this act had been introduced in addition to the penal provisions contained in section 498-a of the ipc; this was to enable the civil law to address this phenomenon in its ..... it is pointed out that the averments in the complaint disclose the incidents of domestic violence which had erupted in delhi; so also the cruelties (as defined under section 498-a of the ipc) have .....
Tag this Judgment!Court : Delhi
..... respondent no.1 had filed a petition under section 12 of the protection of women from domestic violence act. .....
Tag this Judgment!Court : Supreme Court of India
..... combating violence against women and domestic violence addresses ..... is a major undergoes inter-caste or inter-religious marriage with a woman or man 28 who is a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence, and that anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law ..... the sanction of the constitutional law and once that is recognized, the said right 11 (1994) 3 scc56937 needs to be protected and it cannot succumb to the conception of class honour or group thinking which is conceived of on some notion that remotely ..... the state of haryana has filed an affidavit denying the allegations made against the state and further stating that adequate protection has been given to couples by virtue of the order of the high court and district courts and sometimes ..... in the field that deal with specific circumstances, is to view the scenario from the prism of pragmatic ground reality as has been projected and to act within the constitutional parameters to protect the liberty and life of citizens. ..... from the stand taken by the concerned states, it is perceivable that the authorities, while denying the incidences being visible, do not dispute the sporadic happenstance of such occurrences and speak in a singular voice by decrying such acts .....
Tag this Judgment!Court : Delhi
..... petitioner no.2 filed a complaint under the protection of women and domestic violence act, 2005 before the concerned m.m. ..... this contempt petition is filed under section 11 and 12 of the contempt of courts act, 1971 to punish the respondent/contemnor for committing contempt of order dated 29.04.2016 passed in co.a(sb) 13/2016 by wilfully disobeying the same.2. ..... no.77/2015 under section 397 and 398 of the companies act, 1956 before the company law board. ..... petitioner no.2 was to keep the custody of the four daughters and the respondent was also to pay a sum of rs.2 lakhs on the first day of each month starting from 01.03.2015 up to 01.08.2015 and a sum of rs. ..... the chartered accountant noted as follows:-" i) a perusal of the above show that except for fall in total revenue in financial year 2015-16 there is an overall improvement in fundamentals of the company from all angles. ..... he will file his reply within four weeks from today. ..... learned counsel for the respondent strongly reiterated that the report of the chartered accountant suffers from defects. .....
Tag this Judgment!Court : Delhi
..... be that as it may, the prime contention urged by the petitioner is that the provision of the protection of women from domestic violence act, 2005 has an over- riding effect and since her complaint under the said law is pending before the court of the metropolitan magistrate, the jurisdiction of the civil court to entertain the suit is impliedly barred. ..... the petitioner as the defendant may arguably contest the suit asserting her right, if any, in the subject property on the ground that it has been a shared household within the meaning of the expression used in the protection of women from domestic violence act, 2005. ..... it appears the marriage of the defendant with the son of the plaintiff has run into rough weather, she having taken out certain proceedings, including under the protection of women from domestic crp742018 page 1 of 3 violence act, 2005, in such wake. ..... from the chronology of events narrated and the impugned order, it is clear that the suit has entered trial, evidence of some witnesses having already been recorded. .....
Tag this Judgment!Court : Delhi
..... paramount, it is, to consider the gamut and the scope of the act, namely the protection of women from domestic violence act, 2005; certain excerpts from the objects and reasons are of immense importance which would run thus: 2 ..... in this context, it may be noted that protection of women from domestic violence act, 2005 was enacted by the parliament keeping in view that phenomenon of domestic violence which is widely prevalent has remained largely invisible in the public domain and even though there is a specific offence under section 498-a of the indian penal code dealing with cruelty by husband and relatives, there is no ..... therefore, this court will hold that the courts while dealing with proceedings under section 12 of the protection of women from domestic violence act, 2005 shall abide by the provisions of cr.p.c. ..... act the protection of women from domestic violence act, 2005 was enacted on 13th september, 2005 and came into force on 26th october, 2006 ..... first question to be determined is whether an application under section 26 of the protection of women from domestic violence act, 2005 (for short, d.v. ..... following questions arise in the present petition: (i) whether an application under section 26 of the protection of women from domestic violence act, 2005 (for short, d.v. ..... is the nature of proceedings under section 26 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v. ..... portions of the protection of women from domestic violence act, 2005 7.1. .....
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