Court : Delhi
..... the claim of the second respondent for maintenance for self and the daughter, she also having initiated certain other proceedings including proceedings under protection of women from domestic violence act, 2005 in the court of the metropolitan magistrate and a petition for divorce under section 13(1)(ia) of the hindu marriage act, 1955 in the family court; besides two other cases, one arising out of fir no.202/2017 involving offences punishable under section 279 ..... no.71/2019 page 2 of 8 domestic violence act and the aforementioned civil suit which has been initiated by the petitioners against the second respondent, the residential property being held and mutated in her name, they ..... 29.06.2019, pursuant to the directions in the earlier order confirming that the settlement agreement dated 18.01.2018 has been acted upon and complied with, she having no objection to the prayer for quashing of the aforementioned fir no.853/2015 ..... , the third petitioner being represented by her counsel, the petitioners had given up their claim over the said residential property, they having received from the second respondent at that stage an amount of rs.1,00,000/- in terms of the mediation settlement.6. ..... from the settlement terms that the second respondent has given up her right to claim maintenance from ..... involving indeed economic offences affecting the financial and economic well being of the state , such as murder, attempt forgery, rape, dacoity, financial or economic frauds, cases under arms act, etc. .....
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..... petition under section 12 of the protection of women from domestic violence act, 2005, which has also been placed ..... that respondent no.3 has not resided cm(m) 957/2019 page 7 of 8 since july, 2016 at the very latest, and in which she has not even claimed an order of residence in proceedings under the protection of women from domestic violence act, 2005. ..... in her affidavit supported with the application filed under the protection of the women from domestic violation act, 2005, defendant no.3 has mentioned her address as h.no.133, gagan ..... the plaint on the ground that the suit was not maintainable in the civil court by virtue of explanation (d) to section 7(1), read with section 8, of the family courts act, 1984, which provides that a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship , shall be within the exclusive jurisdiction of the family ..... in support of his argument that the petitioners have a good prima facie case in the appeal, mr.mehta submits that explanation (d) to section 7(1) of the act, does not include within its purview a suit filed by the family members of one of the parties to the matrimonial relationship in respect of the property which ..... while issuing notice in the appeal, the appellate court has declined their prayer for ex-parte interim injunction, restraining the respondents from interfering and obstructing the peaceful living and enjoyment of the suit property [16/15, alipur road, civil lines, delhi-110054]..3. .....
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..... the petitioner filed the subject petition under the protection of women from domestic violence act 2005.5. ..... the concept of sustenance does not necessarily mean to lead the life of an animal, feel like an unperson to be thrown away from grace and roam for her basic maintenance somewhere else. ..... 103/2015 page 5 of 7 an order from the court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds.18. ..... the arrears shall be payable from the date of filing of the application before the trial court i.e. ..... the respondent is directed to clear the entire arrears of maintenance in three equal monthly instalments with the first instalment being payable within two weeks from today. ..... as expounded by the supreme court in bhuwan mohan singh (supra) applies on all fours to the grant of maintenance under the dv act.19. .....
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..... month from the date of filing of the petition under section 23(1) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act).2... ..... under section 20 dv act, the magistrate has powers to direct respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may inter alia include the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance ..... does not necessarily mean to lead the life of an animal, feel like an unperson to be thrown away from grace and roam for her basic maintenance somewhere else. ..... escape route unless there is an order from the court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds ..... 5 of 10 maintained with axis bank which showed salary being received by her from the railways and being deposited in her account.19. ..... p..849/2018 page 3 of 10 name in indian railways from which salary was being credited to an account opened in her name and the money deposited in the said account was being debited by the uncle and credited to his ..... the grant of maintenance under the dv act has not been made dependent upon the expression unable ..... she was never gainfully employed there but had worked there for gaining some experience and had never received any salary from the said company.12. .....
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..... family related to the father of the husband of the complainant, who were not in anyway residing in the shared household of the complainant s husband to be members of the intra family of the husband to make them culpable under the protection of women from domestic violence act, 2005 nor under section 406/498a of the indian penal code, 1860. ..... came with a knife in his hand and told her that he would kill her by inflicting it upon her if she did not leave the house and at about 10.00 pm, she was threatened that she would be thrown from the roof of the house, whereafter she informed the police and the police got her medically examined and fir no.2was registered at ps govindpuri under sections 342/323/5of the indian penal code ..... and sent all those persons out of the room, whereafter, her husband and in-laws became further adverse to her and did not look after her nor her child even after her discharge from the hospital and crl.m.c.4416/2015 page 2 of 18 her husband and her in-laws told her that they would never let her live with peace in the house and thereafter, her sister-in-law ..... of a definition of "husband" to crl.m.c.4416/2015 page 12 of 18 specifically include such persons who contract marriages ostensibly and cohabit with such woman, in the purported exercise of their role and status as "husband" is no ground to exclude them from the purview of section 304-b or 498- a ipc, viewed in the context of the very object and aim of the legislations introducing those provisions. .....
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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 and her daughter to ..... . inter alia the appellant submitted that there were proceedings under the protection of women from domestic violence act, 2005 bearing no.289/3/2014 that were pending and that the proceedings in the civil suit and the appeal in relation thereto ..... that is sought to be urged is to the effect that the premises in suit fall within the category of a shared household in terms of section 2 (s) of the protection of women from domestic violence act, 2005 and seeks to submit that the suit premises being her matrimonial home in which she lives and has lived in a matrimonial relationship with her husband, the respondent no.1, falls within the category of her shared household from which she cannot be dispossessed.10 ..... respondent no.2 herein is entitled to live in accommodation commensurate to that in which she lives presently with her child for which she may avail of appropriate civil legal remedy in relation thereto or under the protection of women from domestic violence act, 2005 for which there is no embargo .....
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..... the argument is that the respondent has filed proceedings against the petitioner under the protection of women from domestic violence act, 2005, in which she has made statements contrary to those which were recorded at the time of dissolution ..... the respondent has thereafter filed proceedings under the protection of women from domestic violence act, 2005, wherein she has tendered an affidavit of evidence which, according to the petitioner, contains statements which are contrary to the statements recorded at the time of settlement and thus violate the undertaking given by the respondent ..... further submits that both the deponent and the respondent no.1 lived in tenanted premises and the respondent no.1 has been strolling the deponent from one tenanted premises to the other, without paying for its rent or making any provision for the deponent to survive. ..... paragraph 7 of the affidavit of evidence also, the respondent s statement that the parties live in tenanted premises and that the petitioner herein has been strolling the deponent from one tenanted premises to another is not ex facie contrary to the said undertaking. ..... the deponent had already fallen from grace and had no other choice but to cont.cas(c) 387/2018 page 3 of 6 follow the dictate of the respondent no.1 and his family members, with a solace in mind that ultimately she will have ..... in we the petitioners were married on 24.08.2011 under section 13 of the special marriage act, 1954 copy of marriage certificate is ex.p2osr). .....
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..... an application filed the respondent under section 12 of the protection of women from domestic violence act, 2005, an amount of rs.40,000/- has been fixed as interim ..... neither appropriate nor desirable that a court simply states that maintenance should be paid from either the date of the order or the date of the application in matters of ..... requires the court to consider making the order for maintenance effective from either of the two dates, having regard to the relevant facts ..... (2008) 9 scc632held that the high court was not right in holding that as a normal rule, the magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance. ..... 3 of 5 that from the time the wife starts residing separately from her husband, she can claim maintenance from him .12. ..... for the court to award maintenance from the date of the order there have to be compelling circumstances for the court to take ..... 2018 scc online del 12448; crl.m.c.3647 of 2014 has been held that the maintenance is to relate back to the date of the application and not from the date of the order.11. ..... of maintenance is to afford a subsistence allowance to the wife, who is not able to maintain herself, then the award normally should be from the date of the application. ..... counsel for the petitioner is that since the respondent was already receiving a sum of rs.15,000/-, the order should not have related back to the date of the application but should have been from the date of the order.6. .....
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..... the first petitioner (wife) had instituted proceedings under section 12 of protection of women from domestic violence act, 2005 (dv act) in the year 2007, it having been registered as cc no.358 ..... no.3380/2016 page 3 of 6 thereafter in the first appellate court by criminal appeal no.25/2014, the learned counsel for the petitioner, having taken instructions from the first petitioner, who is present in person with her in the court, submits that no relief is pressed in the present petitions respecting unauthorised occupation of plot no.1224, sushant lok, gurgaon, haryana for the reason ..... in the given facts and circumstances, the burden to prove not only the delay but also the additional expenditure flowing from such delay will be placed at the door of the first petitioner who so contends. ..... 3071/2008) seeking quashing of the case of the first petitioner under section 12 of dv act was decided by order dated 02.06.2012, certain observations in (para 16 of) the said order are of some import here and may be extracted as under:-" ..... had remitted the matter to the metropolitan magistrate for deciding the remaining issues and passing appropriate orders, the issues essentially covering the right of the first petitioner to seek additional amount from the respondent towards expenses of education and maintenance of the daughter. ..... grievance has been raised in this regard by the petitioner before the metropolitan magistrate in the proceedings under dv act leading to order dated 02.09.2014 and crl. m.c. .....
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..... above backdrop, the respondent wife filed a petition under section 12 of protection of women from domestic violence act, 2005 (d.v. ..... had some differences, the respondent (wife) accusing the petitioner (the husband) of certain acts of commission and omission statedly constituting cruelty and domestic violence. ..... respondent insists that the petitioner is still continuing to be in some private employment in mumbai referring to proof showing his presence in mumbai during the period 2016-17 on account of certain withdrawals from his bank account, she concedes that her income from the job of lecturer is now approximately rs.60,000/- per month.8. ..... also directed by order dated 23.01.2019 to disclose on affidavit details of their earnings from all sources and assets in the nature of bank accounts, investments etc. ..... the wife insists that he has income additionally from private employment but submits she does not have the resources to muster proof ..... the petitioner and the respondent have been gainfully employed, the petitioner having served indian army in the rank of lieutenant colonel from which post he took premature retirement w.e.f. ..... act) bearing c.c.no.2005/1/07 which was decided by the metropolitan magistrate by judgment ..... reduction of the income of petitioner husband, the order dated 26.07.2010 is temporarily and partially modified so as to reduce the liability to pay only amount of rs.10,000/- each in favour of two daughters, such modification taking effect from the current month (i.e. .....
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