Court : Supreme Court of India
..... be out of place to mention that live-in relationship is now recognized by the legislature itself which has found its place under the provisions of the protection of women from domestic violence act, 2005. ..... specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, the 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or (d) that the respondent was at the time ..... such a 4 criminal appeal no.597 of2018marriage is not a void marriage under the hindu marriage act, 1955, and as per the provisions of section 12, which can be attracted in such a case, at the most, the marriage would be ..... -(1) any marriage solemnised, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- that the marriage is in contravention of the that the marriage has not been consummated 1(a) owing to the impotence of the respondent; ..... the high court also remarked that apart from the photographs of marriage which were produced in the high court, there was no evidence to show that a valid marriage was solemnised between the parties and that a certificate issued by the local .....
Tag this Judgment!Court : Delhi
..... she also filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (for short pwdv act) which was a false case and ultimately her complaint was dismissed vide order dated 20.01.2010; and (xii) that she had caused tremendous mental cruelty to him and had ..... in his moral and legal duty to maintain the respondent wife and their children, the respondent wife had instead of seeking appropriate legal remedies to claim maintenance for herself and her children from the petitioner husband, did not choose to do so, and instead involved the petitioner husband in a frivolous criminal proceedings, that resulted in the petitioner husband facing the ignominy of remaining in jail ..... the court of ms navita kumar, learned mm, new delhi vide order dated 10.04.2007; mat.app(fc) 74/2018 page 14 (vi) that she had also filed an application under section 12 of the pwdv act and had failed to lead any evidence in the matter and the same was also dismissed by the court of ms veena rani, learned mm, patiala house courts, south, new delhi vide judgment dated 20.01. ..... at the cost of sounding repetitive, although the respondent wife had every legal right in the book to seek protection order including residence order for herself, the fact that criminal complaint was instituted after 18 years of marriage u/s 498a/406 ipc and under the pwdv act, which lacked any substance, and it clearly smacks a kind of vendetta unleashed by her upon the petitioner husband in order to not only .....
Tag this Judgment!Court : Delhi
..... sessions judge in crl.a.no.52/2017 whereby order dated 24.03.2017 of the learned metropolitan magistrate / mahila court in the proceedings under section 12 of the protection of women form domestic violence act (in short d.v.act ) was set aside to the extent whereby the respondent no.1 was summoned to file response. ..... on perusal of the order dated 24.03.2017, it reveals that on receipt of the application under section 12 of d.v.act the learned metropolitan magistrate had issued notice to the respondents therein to afford an opportunity of being heard before grant of any relief claimed by the petitioner. ..... by the impugned order, the learned magistrate restrained the respondents from interfering with the custody of the minor child till further orders as the custody was already with the petitioner. ..... regarding the other reliefs, as per clause (b) and (c) of the application under section 23 of the d.v.act, it observed that property in question was jointly owned by both the respondents. ..... the allegations leveled by the petitioner in the petition under section 12 d.v.act are false, vague and uncertain; these are not supported by any credible evidence. ..... admitted position is that both the present petitioner and her husband of their own had shifted to a separate rented accommodation in january, 2014 and the present respondent crl.rev.p.858/2017 page 4 of 7 no.1 was not in domestic relationship with the petitioner. .....
Tag this Judgment!Court : Delhi
..... with relationships in the nature of marriage being included in the definition of domestic relationships in clause (f) of section 2 of the protection of women from domestic violence act, 2013 as has been held by a.k. ..... stay with them, whereafter mahendra returned only on 13th july, 2011, (vii) on 23rd july, 2011, 80 lacs in cash, and some jewellery items, were stolen from their house, (viii) from that day, mahendra went missing, (ix) later, mahendra and vijeta were apprehended and the police informed sushma nagpal and her husband, on 4th august, 2011, that the ..... policy, taken in the name of mahendra @ manish, in which vijeta was shown as the nominee, and they were shown as husband and wife, (v) the discharge slip of vijeta @ varsha, from the hospital, and (vi) the birth certificate of a female child, in which the parents of the child were shown as manish and varsha, which were collectively exhibited as ex. ..... having introduced vijeta, to m , as his sister, having concealed the earlier marriage between vijeta and himself, having received 2.5 lakhs, having tortured m or remained away from home for protracted periods of time, or having had anything to do with the theft which took place at the house of sushma nagpal (pw-3) on 23rd july, 2011. ..... act would, clearly, cast the onus, on vijeta and mahendra, to explain the circumstances in which they were shown as wife and husband in the said document and, if the document did not so indicate, how it was recovered, at the instance of mahendra, from .....
Tag this Judgment!Court : Delhi
..... with relationships in the nature of marriage being included in the definition of domestic relationships in clause (f) of section 2 of the protection of women from domestic violence act, 2013 as has been held by a.k. ..... stay with them, whereafter mahendra returned only on 13th july, 2011, (vii) on 23rd july, 2011, 80 lacs in cash, and some jewellery items, were stolen from their house, (viii) from that day, mahendra went missing, (ix) later, mahendra and vijeta were apprehended and the police informed sushma nagpal and her husband, on 4th august, 2011, that the ..... policy, taken in the name of mahendra @ manish, in which vijeta was shown as the nominee, and they were shown as husband and wife, (v) the discharge slip of vijeta @ varsha, from the hospital, and (vi) the birth certificate of a female child, in which the parents of the child were shown as manish and varsha, which were collectively exhibited as ex. ..... having introduced vijeta, to m , as his sister, having concealed the earlier marriage between vijeta and himself, having received 2.5 lakhs, having tortured m or remained away from home for protracted periods of time, or having had anything to do with the theft which took place at the house of sushma nagpal (pw-3) on 23rd july, 2011. ..... act would, clearly, cast the onus, on vijeta and mahendra, to explain the circumstances in which they were shown as wife and husband in the said document and, if the document did not so indicate, how it was recovered, at the instance of mahendra, from .....
Tag this Judgment!Court : Delhi
..... with relationships in the nature of marriage being included in the definition of domestic relationships in clause (f) of section 2 of the protection of women from domestic violence act, 2013 as has been held by a.k. ..... stay with them, whereafter mahendra returned only on 13th july, 2011, (vii) on 23rd july, 2011, 80 lacs in cash, and some jewellery items, were stolen from their house, (viii) from that day, mahendra went missing, (ix) later, mahendra and vijeta were apprehended and the police informed sushma nagpal and her husband, on 4th august, 2011, that the ..... policy, taken in the name of mahendra @ manish, in which vijeta was shown as the nominee, and they were shown as husband and wife, (v) the discharge slip of vijeta @ varsha, from the hospital, and (vi) the birth certificate of a female child, in which the parents of the child were shown as manish and varsha, which were collectively exhibited as ex. ..... having introduced vijeta, to m , as his sister, having concealed the earlier marriage between vijeta and himself, having received 2.5 lakhs, having tortured m or remained away from home for protracted periods of time, or having had anything to do with the theft which took place at the house of sushma nagpal (pw-3) on 23rd july, 2011. ..... act would, clearly, cast the onus, on vijeta and mahendra, to explain the circumstances in which they were shown as wife and husband in the said document and, if the document did not so indicate, how it was recovered, at the instance of mahendra, from .....
Tag this Judgment!Court : Delhi
..... (d) of the protection of women from domestic violence act, 2005 and any other ..... later the respondent's father, mother and sister have kept all the jewellery and other gifts items with them which was given by the parents of the petitioner and threw her out from the matrimonial house in meerut, up, without any support and money and the petitioner having no source of income is residing at her paternal house and petitioner is unable to maintain herself whereas the respondent is ..... 37 petitioner's immigration application in canada, the petitioner informed the father of the respondent and other family members about her desire to return to meerut and they told her that they would pick her up from delhi on 25.06.2002 and her mother-in-law asked her to bring $500 along with her, which she told that the respondent had spent on lawyer in canada for her immigration.5. ..... the petitioner was granted rs.25,000/- as interim maintenance vide order dated 14.10.2004 from the date of filing of the petition till the further orders and the same was challenged by the respondent and the said order was modified by the learned asj, delhi on 25.04.2005 into rs.10,000/- per month as interim maintenance to the petitioner till further orders or till the disposal ..... 7 of 37 respondent was taken aback at such conduct of the petitioner as he hailed from a family where the women folk did not drink or smoke. ..... property, succession, guardianship and rights of the women except for reform initiated from the communities within. .....
Tag this Judgment!Court : Delhi
..... preferred by the respondent-husband under section 29 of the protection of women from domestic violence act (dv act). ..... banerjee further drew our attention to rule 6(5) of the protection of women from domestic violence rules, 2006 (dv rules), which provides that an application under section 12 of the dv act shall be dealt with, and the orders enforced, in the same manner as laid ..... pc is akin to the provisions for grant of maintenance under the dv act, and the special enactment (dv act) had been brought to protect women and children from neglect. ..... supra) was in disregard of the view taken in rajeev preenja (supra), on the fundamental premise that this court could not have placed a limitation on the statutory remedy of appeal under section 29 of the dv act (and the same principle would be applicable to the statutory remedy of revision under section 399 of the cr pc), by laying down that the entire arrears of interim maintenance should first be deposited, before the statutory ..... while considering any such application for stay of operation of the order granting interim maintenance, the appellate court would, apart from examining the merits of the case, prima facie, also take into consideration the decisions binding on it, including the decision in shalu ojha (supra), however the maintainability of the statutory ..... , (2005) 2 scc673 the learned single judge while deciding brijesh kumar gupta (supra) could not have disregarded the earlier judgment in rajeev preenja (supra) since both were .....
Tag this Judgment!Court : Delhi
..... this led to litigation including petition under protection of women against domestic violence act, 2005 being initiated. ..... pc, the petitioner had alleged that the respondent is a patient of depression, suffering from clinically diagnosed obsessive compulsive disorder and was on medication running in poor health and would have crl. .....
Tag this Judgment!Court : Delhi
..... darshna had instituted the proceedings under the protection of women from domestic violence act, 2005 against her in-laws. ..... (153) drj259and reiterated that the provisions of the act have to be liberally construed as one of the primary objects of the act is to protect the life and property of the senior citizens.24. ..... thus, the assumption that it is necessary for a senior citizen to claim maintenance for seeking the protection of the act or the rules made there under is erroneous.20. ..... the delhi maintenance and welfare of parents and senior citizens (amendment) rules, 2016 were framed in aid of provisions of section 22 (2) of the act and, thus, must be construed in the widest sense to ensure protection of life and property of senior citizens. ..... it is relevant to note that section 22(2) of the act expressly provides that state government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens. ..... it is also relevant to refer to section 22 of the act which is set out below :-" (2) the state government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens. ..... section 22 (2) of the act requires the state government to prepare a comprehensive action plan for providing protection of life and property of senior citizens and thus, the state government was enjoined to do so. .....
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