Court : Delhi
..... cm(m) no.800/2018 page 1 of 6 secondly, it is contended that the respondent / wife had approached the court of additional chief judicial magistrate (acjm), bhiwani under section 23 of the protection of women from domestic violence act, 2005 praying for grant of an interim maintenance of rs.50,000/- per month by the petitioner / husband and which application was dismissed; it is argued that the respondent / wife in the said proceeding did not render the ..... as far as the contention of the counsel for the petitioner / husband qua the respondent / wife being qualified and capable of earning, i have enquired from the counsel for the petitioner / husband whether not there is large scale unemployment of persons qualified to teach and holding the same qualification as the respondent / ..... directing the petitioner / husband to, under section 24 of the hindu marriage act, 1955, pay maintenance at the rate of rs.20,000/- per month to the respondent / wife ..... i have enquired from the counsel for the petitioner / husband today also to show the plea taken anywhere, of the place from where the respondent / wife was earning during the year 2015-16 or to at least name the place where the respondent / wife is today employed or earning as a teacher for which she holds the ..... bhiwani, handed over the said income tax return and it is thus not clear whether the counsel for the respondent / wife had opportunity to take instructions with respect cm(m) no.800/2018 page 5 of 6 thereto from the respondent/wife. .....
Tag this Judgment!Court : Supreme Court of India
..... as matter was remitted to the high court for presumption that proceedings were pending but the fact is that no such proceedings are pending under the protection of women from domestic violence act, 2005 (for short the dv act ). ..... , and the learned counsel for the respondent, we had passed order dated september 4, 2017, thereby disposing of this petition with the following directions: (a) insofar as domestic violence proceedings before the family court are concerned, necessary documents shall be filed by both the parties within four weeks from today and evidence led pursuant thereto. ..... orders and prayed for the directions to the respondent to pay entire arrears of maintenance as per the order of the family court in domestic violence proceedings. ..... of summary nature.12) in these circumstances, the appropriate course of action would be to allow the petitioner to file an application for maintenance under the hindu adoptions and maintenance act, 1956 or under section 125 of the code of criminal procedure, 1973 so that in these proceedings, both the parties lead their documentary and oral evidence and on the basis ..... in a matter arising under a legislation meant for protecting the rights of the women, the high court should have been slow in granting interim orders, interfering with the ..... decided the appeal of the respondent reducing the maintenance from rs.2,50,000/-, as fixed by the family court, to rs.50,000/- per month, from the date of filing of the petition under section 12 of the dv act. .....
Tag this Judgment!Court : Karnataka
..... section 29 of the protection of women from domestic violence act, 2005 relates to preferring an appeal against the order passed by the magistrate as the appeal would lie within 30 days from the date of the order. ..... the interpretation given to the domestic relationship relating to the petitioner as well as the first respondent late manmohan attavar in the instant case, has not been established by the petitioner for seeking the relief under the provisions of the protection of women from domestic violence act, 2005. :36. ..... hence, by way of this petition she seeks protection order under section 18, residence under section 19, to pay monetary relief under section 20 and to grant compensation or damages under section 22 of the protection of women from domestic violence act, 2005.6. ..... the following orders be passed under protection of women from domestic violence act2005 sec.17: right to reside in a shared household. ..... the petitioner in person has taken various contentions in this revision petition, against the order passed by the appellate court relating to the petition filed by her seeking relief under the domestic violence act, 2005. ..... having framed the said points and appreciating the oral and documentary evidence produced by the parties and referring to the provisions of domestic violence act, hindu marriage act and special marriage act as well as various decisions relied by the parties, the court below answered all the four points in the negative and ultimately dismissed the application .....
Tag this Judgment!Court : Delhi
..... by a petition under protection of women from domestic violence act, 2005 before the metropolitan magistrate (case no.92/1/14), she alleges having been subjected to various acts of commission or omission, they constituting domestic violence. ..... the questions of fact which are raised concerning the petition under domestic violence act, 2005, which is pending consideration before the competent court cannot be addressed by this court in its inherent jurisdiction under section 482 cr. pc. ..... the metropolitan magistrate, by her order dated 07.07.2014, after perusing the domestic information report found a case made out for issuing notice to the petitioner. .....
Tag this Judgment!Court : Delhi
..... the person is engaged, by the iowa organization of victim assistance, by the iowa coalition against sexual assault, or by the iowa coalition against domestic violence, which shall include but not be limited to, the dynamics of victimization, substantive laws relating to violent crime, sexual assault, and domestic violence, crisis intervention techniques, communication skills, working with diverse populations, an overview of the state criminal justice system, information regarding pertinent hospital procedures, and ..... examination of the reference in the present case would be the protection of children from criminal reference no.2 of 2016 page 4 of 40 sexual offences act, 2012 ( pocso act hereafter) and the protection of children from sexual offences rules, 2012 ( pocso rules hereafter) framed thereunder as well as the juvenile justice (care and protection of children) act, 2015 ( j.j.act hereafter).4. ..... a recent qualitative study of disclosure among 60 young men and women in the united kingdom observed eight forms of disclosure: direct, indirect verbal, partial verbal, accidental direct/verbal, prompted, non ..... dolls, sexual experimentation, excessive masturbation, or drawing sexual acts (finkelhor, 1994; jensen, 2005).4 84. ..... to semen), or soreness in the genitals 3 responding to children and young people s disclosures of abuse cfca practitioner resource march 2015 australian government- australian institute of family studies criminal reference no.2 of 2016 page 34 of 40 (jensen, 2005). .....
Tag this Judgment!Court : Delhi
..... instituted a case (v no.210/2012) invoking the provisions contained in the protection of women from domestic violence act, 2005 in the court of metropolitan magistrate for shahdara district with allegations, inter alia, of she having been subjected to domestic violence at the hands of the respondent husband and members of his family.2. ..... the petition which had been initially filed seeking reliefs under the protection of women from domestic violence act, 2005 required the provisions of the code of criminal procedure, 1973 to ..... the proceedings in the original case (no.210/2012) under protection of women from domestic violence act, 2005, which were closed earlier on 27.11.2012 shall stand revived.12 ..... at hand involves interpretation of the provision contained in section 28 of the protection of women from domestic violence act, 2005, which reads thus:-" 28. ..... was advised to approach the court of metropolitan magistrate again to pursue her remedies under the protection of women from domestic violence act, 2005. ..... wife had certain grievances, her police complaints indicating she having been subjected to domestic violence, this in continuity of what she had statedly suffered prior to the filing of the domestic violence act and indeed prior to the settlement agreement.9. ..... petition 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 .....
Tag this Judgment!Court : Delhi
..... in the district court, could have easily ascertained the nature of the proceedings and about the steps required to be taken therein, if not from her counsel, also from her colleagues in the district court; (ix) that the parties are in litigation for several years, before several foras including under the protection of women from domestic violence act, 2005 and prosecution of the respondent/husband under sections 498a, 406 and 34 of the ipc; (x) that no mileage could be taken by the petitioner/wife ..... was, (i) that a new counsel for the petitioner/wife entered appearance on 29th january, 2018; (ii) that the petitioner/wife is working as dak peon with the district court and the daughter of the parties is suffering from sugar and thyroid and the petitioner/wife is taking care of the said daughter; and, (iii) that the petitioner/wife was not aware of the requirement to file written statement within a period of 90 days.6. ..... however, on enquiry, whether the petitioner/wife throughout the same period was on leave from her employment in the district court, the answer is in the negative. ..... the respondent/husband has filed the proceedings, from which this petition arises, for dissolution of marriage with the petitioner/wife, under sections 13(1)(i-a) and 13(1)(i-b) of the hindu marriage act, 1955. .....
Tag this Judgment!Court : Delhi
..... subsequent to that event, the petitioner (wife) presented a complaint (cc no.178/6/14) in the court of the metropolitan magistrate invoking section 12 read with sections 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005 (for short, domestic violence act) seeking various reliefs. ..... the proceedings in the case of the petitioner against the respondent under section 12 of the protection of women from domestic violence act, 2005 are revived before the crl. m.c. ..... no.4705/2016 page 4 of 6 protection of women from domestic violence act, 2005 on the ground that the petitioner had ceased to be an aggrieved person and further on conclusion that the claim as put forth was barred by limitation . ..... submissions made by shri ranjit kumar on the issue of limitation, in view of the provisions of section 468 crpc, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... that section 468 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. .....
Tag this Judgment!Court : Delhi
..... petition (cc no.12/1/13) in the court of the metropolitan magistrate invoking its jurisdiction under section 12 of the protection of women from domestic violence act, 2005 impleading the petitioner herein as the first respondent, this in addition to various other persons, they including his brothers, their wives, sister and her husband, making allegations of they having subjected her to a series of incidents constituting domestic violence within the meaning of the expression used in the said law, she seeking reliefs, inter alia, in ..... are claimed by the second respondent through the petition under section 12 of the protection of women from domestic violence act, 2005 arise out of a continuing cause of action. ..... the metropolitan magistrate by an application seeking modification of the impugned order dated 08.12.2015, on the ground that material facts had been concealed and that the petition under domestic violence act had suffered from laches but the said application was dismissed.3. ..... , not the least on mere averments of the petitioner, that the claim of the second respondent about domestic violence is wholly unfounded. ..... 3 of 4 facie constituting it to be a case of domestic violence. ..... the metropolitan magistrate, by order dated 08.12.2015, took cognizance on the said petitions, also perusing the domestic incident report (dir) and, thereafter, directed the petitioner to be called, issuing process against him for appearance calling upon him to respond including by filing an affidavit as .....
Tag this Judgment!Court : Delhi
..... the respondent/wife had filed a petition (no.5550614/2016), inter alia, under section 12 of the protection of women from domestic violence act, 2005 (for short, the domestic violence act) against the petitioner in january 2013, thereby seeking various reliefs including maintenance allowance for self and also for the minor child of the parties who concededly has crl. m.c. ..... her and for the minor child of the parties, this to take care of their needs for food, clothing, household expenses, rented accommodation and other amenities of life, the order having been made effective from the date of filing of the petition till final adjudication thereupon.2. ..... the parties have been estranged from each other ever since. ..... though in the first said income tax return, he declared zero income, the subsequent itrs reflect income ranging from rs.2,36,955/- to rs.3,07,180/-. ..... approximately from various businesses. .....
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