Court : Delhi
..... and under the protection of women from domestic violence act, 2005 and that too after the appellant/husband had filed the ..... of 17.10.2014, when the respondent/wife had allegedly kicked the mother of the appellant/husband, has also not been clearly established, as recorded in the impugned judgment and nothing material has emerged from the testimony of the parties or any other evidence that would show that the conclusion drawn by the learned family court was erroneous in this regard. ..... rather, it reflects upon the conduct of the appellant/husband which shows that despite staying together, he chose to file a petition seeking divorce from the respondent/wife without revealing his real intention, to put an end to the matrimony and he had thereafter, shifted to his mother s house even though she had ..... it was the appellant/husband who had thereafter brought the respondent/wife directly from her parent s house to the rented accommodation where they stayed together for ..... cross-examination, the appellant/husband had admitted to the fact that the respondent/wife used to do the household work when they started living separately from his parents and there was no maid in his mother s house. ..... appeal has been filed by the appellant/husband being aggrieved by the judgment of the learned family court dated 31.08.2019, whereby it has dismissed his petition seeking divorce from the respondent/wife on the ground of cruelty under section 13(1)(ia) of the hindu marriage act, 1955 (in short, the act ).2. .....
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..... rajesh dinanath tiwari in writ petition no.10696/2017, it being apparent through the pleadings on the record that the premises in suit do not fall within the category of a shared household in terms of section 2 (s) of the protection of women from domestic violence act, 2005, the substantial questions of law sought to be urged by the appellant as referred to in para 18 hereinabove do not arise for consideration in the instant case in as much as the rights of the appellant cm (m) 1582/2018 page 28 of 40 and her daughter to live in ..... the protection of women from domestic violence act, 2005 (hereinafter dv act ) and the maintenance and welfare of parents and senior citizens act, 2007 (hereinafter psc act ).2. ..... the 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. ..... the protection of women from domestic violence act, 2005 gives statutory recognition to the salutary principle that was sought to be advanced through judge made laws in the vacuum of legislative cm (m) 1582/2018 page 19 of 40 ideological ..... spouse and the plaintiff/ respondent no.1, she cannot be deprived of her rights to reside in the premises in suit which form her matrimonial home and fall within the category of "shared household" in terms of section 2 (s) of the protection of women from domestic violence act, 2005.20. .....
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..... even, crl.m.c.4206/2018 page 4 of 24 in the case filed under section 12 of the protection of women from domestic violence act, 2005 against the husband of respondent no.2, the mother-in-law and the brother-in-law, the petitioner is not named as a party ..... untenable in law, hence, is liable to be set aside and is accordingly set aside and the order dated 17.3.2018 of the metropolitan magistrate is liable to be crl.m.c.4206/2018 page 23 of 24 upheld to its original position, however, to protect the interest of the respondents, it would be appropriate to impose a condition to the effect that before de-freezing the accounts of the petitioner, the petitioner and the co-account holder, piyush bhai thakkar, both shall execute bonds ..... supra) has noted that the judgment of the punjab & haryana high court was passed under the prevention of corruption act and the same stands on an entirely different footing and hence cannot be made applicable to the facts of the present ..... not only that, when the magistrate who was trying the petitioner's husband under the official secrets act, her request to be allowed to operate the police contending that the bank account was not "case property" and that the petitioner's remedies lay elsewhere than in the ..... on the next day, accused piyush bhai thakkar withdrew the amount of rs.20 lacs from his account and after one and a half month, on 12.3.2012 accused piyush bhai thakkar, opened a joint account in yes bank in the name of the petitioner, who is his maternal .....
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..... was it a joint family property of which the husband of the appellant herein was a member nor was it an ancestral property and thus, did not fall within the ambit of section 2(s) of the protection of women from domestic violence act, 2005. ..... by the appellant that the premises j-1/c, laxmi nagar, near jagat ram park, delhi-110092 was a shared household of the appellant in terms of section 2(s) of the protection of women from the domestic violence act, 2005, it is essential to observe that section 2(s) of the said enactment provides as follows:-" 2. ..... does not fall within the ambit of section 2(s) of the protection of women from the domestic violence act, 2005.20. ..... wherein it was held to the effect:-" in view of the above legal position, the contention of defendant no.2 regarding her rights under the protection of woman from domestic violence act cannot be accepted, her reliance on sectiori-17 of the said act, to claim a right to reside in the suit property is misconceived inasmuch as admittedly her husband has no rights whatsoever in the suit ..... as a "shared household" as define under sect-ion 2(s) of the domestic violence act. ..... laxmi nagar, near jagat ram park, delhi- 110092 formed her matrimonial home and a shared household, in which she had a legal right to reside and that she could not be dispossessed from the same by her father-in-law,- was rejected by the learned civil judge-east observing to the effect that the suit property neither belonged to the husband of the appellant i.e. .....
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..... thereafter, the respondent no.2 taking advantage of the petitioner's absence, she filed a petition under section 12 of protection of women from domestic violence act, 2005 (the dv act ) as well as false complaint before the caw cell. ..... 707/2017 page 5 of 7 20.03.2015, the petitioner preferred appeal under section 29 of the dv act against the ex-parte order dated 20.03.2015 passed by the learned mm, south district, saket courts, new delhi in domestic violence petition no.91/1/12 titled as smt. ..... with the wish and consent of the respondent no.2 and after that on 06.01.2009, the respondent no.2 stated to the petitioner that she did not like the culture and atmosphere of assam stating that she hails from delhi and is an open minded girl and thereafter, she forced the petitioner to shift to delhi.3. ..... vide the present petition, the petitioner seeks direction thereby to set aside the impugned order dated 25.11.2016 passed by the special judge (pc act), (cbi-6) patiala house courts, new delhi in ca no.87titled as edwin murmu vs. ..... further case of the petitioner is that right from the inception of the marriage, the respondent no.2 has been completely non-adjusting and non cooperative and has never taken any interest in the household and daily crl.m.c ..... learned counsel further submits that the learned trial court without considering the facts and circumstances of the case, was pleased to dismiss the application under section 5 of the limitation act as well as the appeal filed by the petitioner.14. .....
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..... the petitioner further submitted that crl.m.c.no.4347/2019 page 2 of 7 he submitted a detailed affidavit in response to the application under section 23 of the protection of women from domestic violence act, 2005 wherein he had stated that his earnings were rs.19,260/- per month, which he receives as a salary from the north delhi municipal corporation, malaria department, new delhi and had submitted therein that he pays a sum of rs.5,000/- to his parents pursuant to an undertaking given ..... has further submitted that the respondent had filed the petition under section 12 of the protection of women from domestic violence act, 2005 against him in order to extort money and to harass him and had frivolously sought grant ..... no.426, block-k, jj colony shakarpur, delhi by his father, the observations of the learned trial court and the first appellate court that the appellant has some other source of income/ support from his parents other than his monthly emoluments cannot be disbelieved and that in the circumstances, the award of a sum of rs.10880/- per month to be paid towards maintenance to the crl.m.c.no.4347 ..... be rs.5880/- per month and taking into account the observations that have been made by the learned trial court and the learned appellate court that there are no withdrawals from the account of the appellant from april to december, 2016 and withdrawals, if any, have been only for a petty amount and that the amount withdrawn was only in lumpsum to contribute towards construction of .....
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..... rightly observed that the appellant/wife instead of taking care of her mother-in-law, chose to file a false complaint against her and other family members under the protection of women from domestic violence act, 2005, and within four days of the mother-in-law returning to her home, she had given a call to the police on 08.08.2007, again alleging mat.app.(f.c. ..... of the respondent/husband was centred on the said property/house left by his father, non payment of the maintenance and the other legal proceedings in the domestic violence petition. ..... the respondent/husband approached the family court seeking a divorce on the grounds of cruelty by moving a petition under section 13(1)(i-a) of the hindu marriage act, 1955 (hereinafter referred to as the act ) alleging inter alia that he could not continue with the marriage on account of the cruel treatment meted out to him by the appellant/wife, as ..... the respondent also refused to cook food for the petitioner and the children; the respondent did not come back from her parental home for about days when she had gone there due to accident of her brother and said allegations are related to the behaviour of the respondent and part of ..... but such voluntariness, if at all there was, cannot be interpreted to be an act of desertion on his part as admittedly when his mother was admitted in the hospital for treatment from 02.08.2007 to 04.08.2008, the appellant/wife had filed a complaint on 03.08.2007, alleging that the mother-in-law had actually beaten .....
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..... however, under the protection of women from domestic violence act, 2005, aggrieved person and domestic relationship are defined as:-" section 2(a) aggrieved person means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; section 2(f) domestic relationship means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are ..... such son, daughter, daughter-in-law, son-in- law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under protection of women from domestic violence act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. ..... 378/2019 page 7 of 9 application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... the respondent preferred a complaint under section 12 of the prevention of women from domestic violence act against her husband and his family members including the petitioner alleging by husband and his family members including the petitioner on false and concocted facts. .....
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..... also filed a complaint case under section 12 of the protection of women from domestic violence act, 2005 against the respondent/petitioner and his family members on 21.02.2009 ..... facts as are relevant for the disposal of the present appeal, as made out from the record, are that on 10.12.2005, the marriage between the parties was solemnized at delhi according to hindu rites and ..... her cross-examination, she admitted to the fact that she had remained in the hospital only for 5 days, from 01.04.2007 to 05.04.2007 whereas the processes were issued subsequently, in the months of may, july and august, ..... her explanation was that she was ill and was visiting the hospital from time to time and being unavailable at home, could have had no opportunity or occasion to refuse the process of ..... subsequently, the respondent/petitioner filed for divorce on 06.11.2008, under section 13(1) (i-a), (i-b) and 13 (1-a) of the act, on the grounds of cruelty, desertion as well as non cohabitation by the parties after the grant of a decree of judicial separation, which is ..... petitioner filed a petition under section 10 of the hindu marriage act, 1955 (for short, the act ) on 19.05.2007 seeking judicial separation from his wife. ..... ) 57/2017 page 7 of 8 contemplated in section 27 of the general clauses act, 1897, to conclude that the appellant/respondent was duly served and had failed to contest ..... page 1 of 8 01.04.2007, a son was born to the parties who was suffering from a congenital heart ailment (hole in the heart).3. .....
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..... the suit is being contested inter alia, by the first respondent claiming a right to live in the subject property also referring in this context to the provisions of protection of women from domestic violence act, 2005, her case being that the property is owned by joint hindu family/huf wherein her husband (third respondent) also has a share and consequently she being in a position to exercise her right to residence therein.5. ..... the prayers in the said civil suit include one for a decree for eviction of the first respondent (first defendant in the suit) from the suit property and for the peaceful and vacant possession fao no.98/2019 page 1 of 4 thereof to be handed over to him (the plaintiff). .....
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