Court : Delhi
..... learned counsel respondent submits that maintenance of 5,200/- has been already fixed in proceedings under the protection of women from domestic violence act, 2005 (hereinafter referred to as dv act ) and this fact has not been disclosed by petitioner. .....
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..... the above-said application was resisted by the respondent who, in the meanwhile, had chosen to withdraw the petition under section 12 of the protection of women from domestic violence act, 2005 with the submission that she had reconciled with her husband and was living happily in her matrimonial home .3. ..... the respondent is described as a person married to a senior serving officer of indian police service (ips), she having had reasons to institute proceedings against her husband by a petition (complaint case no.15783/2014) under section 12 of protection of women from domestic violence act, 2005 to seek certain reliefs. ..... no.286/2019 page 2 of 3 under protection of women from domestic violence act. ..... in which it had been brought, this court finds no reason why the petitioner should be allowed a role larger than that of an informant so as to be permitted to pursue it further in the context of proceedings under the special law meant for protection of women against domestic violence. ..... terming the aforesaid affidavit dated 24.01.2015 to be an act in the nature of perjury, he had intervened in the proceedings in the criminal complaint case of the respondent against her husband by moving an application seeking initiation of inquiry under section 340 of the code of criminal procedure, 1973 (cr. pc). .....
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..... she was eventually constrained to file a petition (petition no.912/3/2011) under section 12 of protection of women from domestic violence act, 2005 in the court of metropolitan magistrate.2. ..... the claim of the petitioner that the first respondent is earning her livelihood from work in a parlour is founded on some photographs showing her presence at a certain place. ..... it is clear and is evident from the order of the sessions that the petitioner is concealing facts, intentionally withholding information about his income. ..... the petitioner claims that he is non-matriculate and has no source of income, he having been engaged in earning his livelihood as a driver of three wheeler scooter (tsr) till 2006, cannot be acted upon. ..... from out of the said wedlock, the second respondent took birth, she being a minor child in the care and custody of the first respondent. .....
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..... ) no.64/2017 page 2 of 9 contends that the appellant had filed a complaint under section 12 of the protection of women from domestic violence act on 03.03.2011, which was listed before metropolitan magistrate, dwarka courts, delhi. ..... mr.jha, learned counsel submits that the object of highlighting the filing of the fir, making of a complaint under section 12 of domestic violence act (d.v.act) and initiating proceedings under section 125 cr.p.c is to highlight the plight of the appellant and to show that the respondent and his family members were torturing and harassing her and, thus, she was forced to stay away from the matrimonial home and not that she voluntarily deserted the respondent/husband. ..... learned counsel further contends that harsh attitude of the respondent is also evident from the fact that he did not make any payment towards the maintenance forcing the appellant to file a complaint under section 125 of code of criminal procedure, 1973 (cr.p.c) on 25.07.2011 and a sum of rs.2,000/- per month was ..... consequent to a complaint, an fir was registered bearing fir no.359/2005 at police station-uttam nagar under sections 406/498a/34 of indian penal code, 1860 (ipc) on 29.04.2005. ..... fact that on account of the hardships suffered by the appellant and the torture inflicted upon her by the respondent and his family members, she was forced to approach caw cell kirti nagar in the year 2005. .....
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..... 389/2019 in proceedings under the protection of women from domestic violence act, 2005 (hereinafter referred to as pwdv act), trial court vide order of 16th may, 2016 has held that petition filed by respondent- applicant under the aforesaid enactment is maintainable and it is within the limitation, while observing that the last incident of domestic violence crl.m.c. ..... upon hearing and on perusal of the impugned order, i find no error in the impugned order requiring interference of this court while invoking extraordinary inherent jurisdiction of this case under section 482 of cr.p.c as last incident of domestic violence is of september, 2012 and petition filed in december, 2012 is apparently within limitation. ..... 389/2019 page 1 of 2 is of 28th september, 2012 and petition under the pwdv act had been filed on 3rd december, 2012. .....
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..... respondent s counsel informs that the application under section 12 of the protection of woman from domestic violence act, 2005 is pending before the trial court at the stage of final hearing and the matter is coming up for hearing before the trial court today at 2 p.m.... ..... quashing of impugned order as well as the complaint under the protection of woman from domestic violence act, 2005 is sought on merits. ..... 512/2017 the challenge in this petition is to impugned order of 22nd december, 2016 which restrains petitioner from approaching the complainant in any manner by physically being in the presence of the complainant within the distance of 20 meters, or any other place where the complainants are working as the both parties are said to be residing in crl. m.c. .....
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..... respondent s counsel informs that the application under section 12 of the protection of woman from domestic violence act, 2005 is pending before the trial court at the stage of final hearing and the matter is coming up for hearing before the trial court today at 2 p.m.... ..... quashing of impugned order as well as the complaint under the protection of woman from domestic violence act, 2005 is sought on merits. ..... 512/2017 the challenge in this petition is to impugned order of 22nd december, 2016 which restrains petitioner from approaching the complainant in any manner by physically being in the presence of the complainant within the distance of 20 meters, or any other place where the complainants are working as the both parties are said to be residing in crl. m.c. .....
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..... , 2014 (213) dlt611 and attention of this court was invited to para 43 of the said judgment, that a right of residence under the protection of women from domestic violence act, 2005 can also be claimed against the relatives of the husband, and that the respondent no.1/plaintiff being the brother-in-law of the appellant/defendant no.2, was a relative of the husband ..... circumstances her right to residence in the suit property cannot be denied, and as regards issues of title, we have already observed that the right of residence under the protection of women from domestic violence act, 2005, the same would have no bearing. ..... both the defendants in the suit, including the appellant who is the defendant no.2, sought permission to stay in one room on the first floor of the suit property from the respondent no.1/plaintiff, and accordingly, a temporary license was granted to the appellant/defendant no.2 and the respondent no.rfa no.107/2019 page 2 of 10 2/defendant no.1 to stay in the suit property and to shift as soon as an alternate arrangement of ..... mahajan (smt) and another, rfa no.107/2019 page 5 of 10 (2005) 11 scc279 that an admission can even be inferred from the facts and circumstances of the case i.e. ..... 2019 page 1 of 10 the suit that the respondent no.1/plaintiff was the owner of the property purchased in terms of a sale deed registered with the sub- registrar on 12.12.2015 and the owner is thus entitled to possession from the appellant/defendant no.2 who was a gratuitous licensee.2. .....
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..... for which she issued a public notice dated 9.11.2014 in the daily viraat vaibhav and that she has also filed a complaint under section 12 of the protection of women from the domestic violence act, 2005, against the defendants i.e ..... the rate of mesne profits being computed at the rate of rs.25,000/- per month, in the absence of any specific denial qua the license charges that can be recovered for the property in question from any person be at the rate of rs.25,000/- per month, having not been specifically refuted by the appellants, it is apparent that there is no substantial question of law that arises in the facts and circumstances ..... orders of the learned trial court passing the decree of permanent injunction is without the hands of from it at rsa102019 page 29 of 50 any fault as the owner of the property is entitled to protect her possession and to prove her apprehension no evidence is required.13 ..... .-in this act, unless the context otherwise requires,-- (8) benami property means any property which is the subject matter of a benami transaction and also includes the proceeds from such property; (9) benami transaction means,-- (a) a transaction or an arrangement (a) where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and ..... . 20.01.2005 from the appellants till the suit property was vacated for the mesne profits/rental charges of use by the appellants to the respondent without calling for any .....
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..... order (oral) in proceedings under the protection of women from domestic violence act, 2005 (hereinafter referred to as pwdv act ), trial court vide order of 2nd march, 2017, has dismissed petitioner s application for striking off respondent s defence by observing that non-payment of maintenance/arrears of maintenance cannot be a ground to do so ..... 3052/2017 page 2 of 5 arrangement has not been made to operate during the pendency of the proceedings under the protection of women from domestic violence act, 2005. ..... during the course of hearing, it was put to respondent s counsel that the compliance of maintenance order can be made by directing his employer to deduct 50,000/- per month from respondent s salary and out of it 25,000/- can be adjusted towards current monthly amount of maintenance and remaining 25,000/- would be adjusted towards the arrears of maintenance. ..... the stand of respondent that he is paying maintenance from time to time as per his capacity cannot be appreciated, as the salary slip of respondent reveals that he is making substantial deduction towards epf and under other heads and that he is getting gross salary of about 1,00,000/- per ..... court vide impugned order of 14th july, 2017, has rightly observed that the defence can be struck down in proceedings under the aforesaid act, as counsel for respondent crl.m.c. ..... 50,000/- from the respondent s salary every month, and the arrears would be recovered over some period of time, in my view, it would not be appropriate the .....
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