Court : Delhi
..... the copy of the order dated 12.10.2009 of the metropolitan magistrate, new delhi, passed on a petition under section 12 of the protection of women from domestic violence act, 2005 instituted by the first petitioner does show that a restraint order had been issued against she and her children being dis-possessed from the house of the complainant herein. ..... it is clear from the averments that the marriage of the first petitioner with sumit khurana had run into rough weather, she having earlier lodged first information report (fir) no.71/2010 with police station crime against women cell alleging offences punishable under sections 498, 406, 34 ipc, this following another fir no.13/2011, which was earlier registered for offences under sections 380, 406, 34 ipc.5. ..... house no.m-4, third floor, old double storey, lajpat nagar-iv, new delhi had been concealed from the criminal court.7. 8. .....
Tag this Judgment!Court : Delhi
..... the petitioner felt constrained to file a petition under section 12 of the protection of women from domestic violence act, 2005 (no.c- 616/1/12), inter alia, seeking maintenance allowance to be awarded.2. ..... judge in a suit (civil suit no.22/14) instituted by the father of the first respondent, an ad interim injunction was issued on his application under order xxxix rules 1 and 2 of the code of civil procedure, 1908 (cpc) restraining the petitioner from forcibly entering or interfering into the peaceful possession of the said party in respect of property no.a-300, vikas puri, delhi. ..... the appeal was allowed by order dated 03.03.2016 enhancing the compensation to rs.12,000/- p.m, though making it effective from the date of disposal of the application by the trial court till final decision in the said case.3. ..... the amount shall be payable with effect from the filing of the petition before the magistrate till decision on the main petition, this being subject to the final adjudication.7. ..... it is noted from the affidavit of the first respondent that he had admitted that he was working for gain in denmark, his salary being in the sum of ~28,000/- krone p.m, it concededly being equivalent to rs.55,500/- p.m.5. .....
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..... again, the marriage ran into rough weather and this resulted in an estranged relationship and matrimonial dispute, eventually resulting in a petition (cc no.66/1/2014) being filed under section 12 of protection of women from domestic violence act, 2005 by the petitioner impleading the said husband pankaj gupta and crl. m.c. ..... the expression shared household is described in the protection of women from domestic violence act, 2005 by section 2(s) as under:-" 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 ..... but, then it is clear from the averment itself that what was allowed was only a permissive ..... it is clear from the averments of the petitioner herself, she has been permitted to use a portion of the property by the second ..... it is clear from the material on record to confirm that the first respondent, as the judgment debtor in the said decree, had challenged it by regular first appeal no.792/2002 before this court but the said appeal was dismissed ..... 17 (1) of the act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the .....
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..... appellant / defendant / judgment-debtor; (b) that the mother of the appellant / defendant / judgment-debtor had instituted proceedings under the protection of women from domestic violence act, 2005 against the deceased respondent / plaintiff / decree-holder and in which proceedings, the possession of the mother of the appellant / defendant / judgment-debtor with respect to one room in the flat had been protected; (c) that the appellant / defendant / judgment-debtor had been allowed by his mother to reside in the flat; and, (d) that ..... the deceased respondent / plaintiff / decree-holder, taking advantage of the power of attorney obtained from the allottee / owner of the said flat in the name of the deceased / respondent / plaintiff / decree-holder, had ..... though once this appeal itself is found to be not maintainable, citing of the aforesaid judgments on the merits of the appeal is irrelevant but for the sake of clarity it is deemed appropriate to notice the facts as emerging from the file, though the counsel for the appellant / defendant / judgment-debtor has not argued the same.20. ..... considering the nature of the objections aforesaid, i have enquired from the counsel for the appellant/judgment debtor as to how this appeal lies .....
Tag this Judgment!Court : Supreme Court of India
..... sarma 6 , is recognized even by the protection of women from domestic 6 (2013) 15 scc75519 violence act, 2005 for various kinds of live-in relationships. ..... view that section 377 of the ipc be read down qua the lgbt community so as to confine it only to the offence of bestiality and non-consensual acts in view of the fact that with the coming into force of the criminal law (amendment) act, 2013 and the protection of children from sexual offences act, 2012 (pocso act), the scope of sexual assault has been widened to include non peno-vaginal sexual assault and also 21 criminalize non-consensual sexual ..... a perusal of section 377 ipc reveals that it classifies and penalizes persons who indulge in carnal intercourse with the object to protect women and children from being subjected to carnal intercourse. ..... . this right to live with human dignity enshrined in article 21 derives its life breath from the directive principles of state policy and particularly clauses (e) and (f) of article 39 and articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, .....
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..... the petitioners are before the court of metropolitan magistrate as second and third respondents in the case (cc no.1321/1/2012) instituted by the first and second respondents herein invoking the provision contained in section 12 of protection of women from domestic violence act, 2005. ..... no.4352/2015 page 2 of 3 the claim of the respondents in the said case, inter alia, for compensation for the injuries suffered as a result of the alleged acts of domestic violence act cannot be brushed aside. ..... code of criminal procedure, 1973 (cr.p.c) to seek quashing of the above said proceedings on the grounds, inter alia, that they are senior citizens, the allegations against them in the case are small and bald, no case of domestic violence having been properly brought out, the intention being to cause harassment and to gain wrongful possession of their property. ..... no.4352/2015 page 1 of 3 constituting domestic violence , prayers having been made with reference to remedies available under sections 12, 18, 19, 20 and 22 of the said law. ..... respondent, he being the father of the second respondent and son of the first petitioner, was also shown in the array, allegations having been made against him, and the petitioners, of they having indulged in certain acts of commission and omission, the same crl. m.c. .....
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..... the petitioner also filed a complaint case being complaint case no.3223/2017 before the court of learned metropolitan magistrate under section 12 of the protection of women from domestic violence act, 2005.3. ..... after two and a half years of having separated from the husband and the matrimonial family pursuant whereto fir was registered on 14th july, 2017. ..... it is thus apparent from the reading of the petition, the status report, affidavit of the dcp concerned and the material on record, the insistence of the petitioner was on recovery of the articles without providing bills thereof and arrest of all .....
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..... that is that she had come back to the matrimonial home on 19.08.2009 and had entered the house using her own keys finding her valuable articles missing, she having later filed a complaint under protection of women from domestic violence act, 2005, which is pending. ..... it is further their case in the fir that upon their return from usa, they found the third petitioner living in their house along with her parents. ..... the background facts, as may be culled out from the fir, read alongside the petition at hand, would show mr. ..... it is the further case of the petitioner that the third petitioner had come to the matrimonial home on 18.08.2009, but she had to return to her parental home as she had forgotten to bring her keys from there. ..... from this, it could be inferred that for some period prior to 18.08.2009 she had been living with her parental family and not in the house of the second and third respondents.5. .....
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..... on the petition (cc no.1544/3/2013) presented by the complainant under section 12 of protection of women from domestic violence act, 2005 (for short, the domestic violence act), proceedings have been initiated against the petitioner in the court of metropolitan magistrate with prayer for various reliefs in the nature of protection order (under section 18), residence order (under section 19), monetary reliefs (under section 20), custody order (under section21) and ..... the relationship between the parties not being in the nature of domestic relationship within the meaning of expression used in section 2(f) domestic violence act, the petition before the court of magistrate cannot be maintained, the proceedings arising therefrom against ..... going by her own averments in the petition under domestic violence act, she was, at the relevant point of time, thirty two years old dynamic woman and successful marketing and communications professional employed with ..... 2010) 10 scc469to argue that the petition under the domestic violence act could not be maintained against him by the crl ..... as per the case set out in the domestic violence act petition, the relationship between the parties soured, for some time, the petitioner having tendered profuse apologies to her and she eventually having calmed down and accepted the position ..... no doubt the view we are taking would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for this court to legislate .....
Tag this Judgment!Court : Supreme Court of India
..... by the petitioners that hundreds of women are being subjected to horrific acts of violence often in the guise of domestic abuse or to extract more money from the girl's natal family due to absence of any uniform system of monitoring and systematic review of 8 incidents of violence against married women which has led to dilution of ..... under article 32 of the constitution of india seeking directions to the respondents to create an enabling environment for married women subjected to cruelty to make informed choices and to create a uniform system of monitoring and systematically reviewing incidents of violence against women under section 498-a ipc including their prevention, investigation, prosecution and rehabilitation of the victims and their children at the ..... women who know that the offence is both cognizable and non-bailable and impromptu works on the complaint of the woman by placing the man behind the bars, but this cannot be a ground for denying the poor and illiterate women the protection that is offered by section 498-a ipc against cruelty, rather there is a need to create awareness specifically in the rural areas about the laws for protection of women ..... state of haryana and another2, the court observed:- 1 (2005) 6 scc281: air2005sc31002(2003) 4 scc675: air2003sc13866 "there is no doubt that the object of introducing chapter xx-a containing section 498a in the indian penal code was to prevent the torture to ..... 17 (2005) 13 scc28733 union of india18 (scc para51) it has been held .....
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