Court : Delhi
..... that the order passed by the family court under section 24 of hma will not stand in the way of the appellant/husband raising all grounds available to him in other proceedings including proceedings pending under the protection of women from domestic violence act, 2005 and under section 125 of the code of criminal procedure.14. ..... the family court has taken into consideration that the appellant/husband is running a business of selling automobile parts from oberoi market, kashmere gate and has concealed his income. ..... the family court has awarded the maintenance in the sum of rs.8,000/- to the wife and rs.4,000/- to the minor son from the date of the filing of the application.7. ..... the challenge in this appeal is to the order dated 04.09.2018 passed by the principal judge, family courts, karkardooma courts, delhi whereby an application filed by the respondent/wife under section 24 of the hindu marriage act, 1955 (hereinafter referred to as hma ) mat.app.(f.c. ..... the copy of the statement of account of respondent of sbi from 31.10.2015 mat.app.(f.c. .....
Tag this Judgment!Court : Karnataka
..... multiple proceedings are pending consideration/disposed of relating to the disputes raised under the provisions of the protection of women from domestic violence act, 2005, sections 498-a, 506, 504, 420 of ipc etc. ..... direction to respondent nos.1 to 5 and the law enforcement authorities for strict adherence to protection of women, dowry, domestic violence laws and their strict implementation to protect the intentions and objectives of the said laws and to secure the safety, security, welfare and dignity of women; as also for a direction to respondent no.4 for the strict departmental action against the protection officer & child development protection officer, department of women and child development, anekal taluk, bangalore urban district; pass punitive and compensatory ..... above, court must be careful to see that a body of persons w.p.nos.44038-44039/2018 or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. ..... to act in the name of pro bono publico, though they have no interest of the public or even of their own to protect.11. ..... with vested interest indulge in the pastime of meddling with judicial process either by force of habit or from improper motives and try to bargain for a good deal as well to enrich themselves. ..... 27.06.2018 before the protection officer, reg. ..... by its secretary union of india by the ministry of women and child development, shastri bhawan, new delhi-110 001 .....
Tag this Judgment!Court : Delhi
..... the proceedings under protection of women from domestic violence act, 2005, section 125 ..... i (petitioner no.1) shall withdraw the proceedings under the domestic violence act and the complaint from the caw rev.pet.263/2016 in cont.cas321/2015 page 3 of 18 cell filed against the petitioner no.2 and his family ..... shall withdraw the proceedings pending before the family court under domestic violence act; and the complaint filed against respondent with caw cell. ..... to withdraw my petition under the domestic violence act pending in the court of ms ..... relating to the maintenance and custody of the minor child, master vaibhav and the respondent took over the permanent custody of the minor child along with entire responsibility of maintaining the child which is clear from the joint statement of the parties on oath and the orders of the family court, rohini on 24th january, 2013 in ham no.2/2012 under section 18 of the hindu rev.pet.263/2016 in ..... dissolution of marriage by mutual consent 2.1 on 17th october, 2011, the parties filed a joint petition, hma no.1035/2011 for dissolution of their marriage by mutual consent under section 13b of the hindu marriage act, 1955 on the following terms: (i) the respondent shall pay rs.25,00,000/- to the petitioner in full and final settlement of all her claims in respect of dowry, stridhan articles, maintenance-past, present and ..... dissolved by a decree of divorce by mutual consent under section 13(b)(2) of the hindu marriage act, 1955 with effect from today. .....
Tag this Judgment!Court : Delhi
..... in the present petition relates to the quashing of cc no.7601 of 2017 under section 12 of protection of women from domestic violence act (in short pwdv act ).10. ..... filed a complaint before caw cell where a settlement was arrived at between the parties in the pre-litigation mediation on 7th april, 2016, however, the said settlement was not fully acted upon and the parties drifted away from the settlement, whereafter the complainant filed an application for revival of the earlier complaint which was not revived as had been closed, thus she filed a fresh complaint on 28th july, ..... considering the facts noted above that within the period of limitation of taking cognizance the complainant filed the complaint however, since talks of settlement continued and arrived at but not fully acted upon and the earlier complaint was not revived, the respondent no.2 was constrained to file the second complaint, it cannot be said that the fir in question is beyond the period of limitation and thus liable ..... under section 498a, 406 and 34 of the indian penal code, 1860; quash and set aside the proceedings in cc no.7601 of 2017 under section 12 of the protection of domestic violence act, 2005 pending before the ld. ..... it is true that the object of introducing section 468 was to put a bar of limitation on prosecutions and to prevent the parties from filing cases after a long time, as it was thought proper that after a long lapse of time, launching of prosecution may be vexatious, because by that time even .....
Tag this Judgment!Court : Delhi
..... it is submitted by counsel for second respondent that in view of section 2(f) of protection of women from domestic violence act, 2005, domestic relationship need not subsist when the complaint is made. ..... vide impugned order of 17th november, 2016 (annexure p-1), petitioners have been summoned in a complaint under section 12 of protection of women from domestic violence act, 2005.2. ..... at this stage, petitioner s counsel submits that petitioner has a daughter aged 12 years from marriage with second respondent and petitioner feels the moral obligation to take care of his daughter and so, to prove the bona fides, petitioner is ready to make fixed deposit of 20,00,000/- in the name of his daughter, so that ..... it is submitted that there has been no domestic relationship of petitioner-husband with respondent no.2-wife since 3rd july, 2010.3. ..... ground that respondent no.2-wife had deserted petitioner-husband six years prior to filing of the complaint and petitioner has already obtained ex parte decree of divorce in august, 2016 and respondent-wife had abstained herself from appearing in divorce proceedings. .....
Tag this Judgment!Court : Delhi
..... respondent/mother had filed a petition under section 12 of the protection of women from domestic violence act, 2005 and inter alia asked for custody of the minor child aged about 2 years.3. ..... subject petition under section 12 of the protection of women from domestic violence act was filed on 31.01.2017. ..... perusal of the reports show that substantial progress was made in the relationship between the mother and the child from the first crl.rev. p.. ..... on 12.04.2018, under orders from this court, the child was produced in court. .....
Tag this Judgment!Court : Delhi
..... eventually, she filed a petition under section 12 of protection of women from domestic violence act, 2005 (dv act, for short) on 26.06.2014, attributing certain acts of commission, inter alia to the petitioner (father-in-law), others impleaded in the said proceedings being inclusive of the husband, the mother-in-law, ..... dismissed all the abovesaid complaints, by order dated 20.08.2015, inter alia, observing that the same were premature, the falsity or otherwise of the allegations of domestic violence attributed by the second respondent in the proceedings under dv act being a matter yet to be adjudicated upon.4. ..... for the present discussion, the said clause has to be read in light of the explanations appended thereto particularly the fourth explanation which excludes from the purview of the criminal offence the imputations with such insinuation as to the character of the affected person unless it is designed to adversely affect the reputation in the estimation ..... it may be mentioned here that the other persons who were impleaded as respondents in the petition under dv act also filed similar complaints, all the said complaints having been inquired into under section 200 of the code of criminal procedure ..... no.1326/2016 page 2 of 10 his own statement that the averments in the petition under dv act were false, motivated and designed to tarnish his reputation, the petitioner has not made any averments about the publication of the impugned averments in the petition to any third person much .....
Tag this Judgment!Court : Delhi
..... daughter-in-law, impugning order dated 02.04.2016 of the metropolitan magistrate the magistrate did not direct registration of an fir against the mother-in- law and further direction is sought for initiating proceedings under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act) for violating the protection order of residence.3. ..... it is contended that since there was no order restraining the mother-in-law from selling or alienating the subject property, the sale of the property by way of a registered sale deed to a third party does not amount to violation of the residence order attracting the penal consequences stipulated under section 31 of the protection of women from domestic violence act, 2005. ..... without getting into the controversy, one may examine the rights that are granted by section 19 of the protection of women from domestic violence act, 2005.38. ..... mother-in-law filed an application under section 25 of the domestic violence act, seeking modification of the protection order dated 07.11.2012. .....
Tag this Judgment!Court : Delhi
..... daughter-in-law, impugning order dated 02.04.2016 of the metropolitan magistrate the magistrate did not direct registration of an fir against the mother-in- law and further direction is sought for initiating proceedings under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act) for violating the protection order of residence.3. ..... it is contended that since there was no order restraining the mother-in-law from selling or alienating the subject property, the sale of the property by way of a registered sale deed to a third party does not amount to violation of the residence order attracting the penal consequences stipulated under section 31 of the protection of women from domestic violence act, 2005. ..... without getting into the controversy, one may examine the rights that are granted by section 19 of the protection of women from domestic violence act, 2005.38. ..... mother-in-law filed an application under section 25 of the domestic violence act, seeking modification of the protection order dated 07.11.2012. .....
Tag this Judgment!Court : Delhi
..... in proceedings under the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act), the court below has directed petitioner to pay interim maintenance of 25,000/- per month to respondent. ..... order of 6th august, 2016 by petitioner s counsel is on the ground that as per the income tax return, the income of 28,200/- from other sources, is the annual is submitted that the court below has erred in assessing petitioner s income at 50,000/- and it ought to be assessed at 25,000/-. ..... in light of the aforesaid impugned orders are maintained, while relieving the petitioner from paying arrears of interim maintenance.7. .....
Tag this Judgment!