Court : Delhi
..... 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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..... 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. .....
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..... 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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..... the respondent/wife had filed a petition (no.5550614/2016), inter alia, under section 12 of the protection of women from domestic violence act, 2005 (for short, the domestic violence act) against the petitioner in january 2013, thereby seeking various reliefs including maintenance allowance for self and also for the minor child of the parties who concededly has crl. m.c. ..... her and for the minor child of the parties, this to take care of their needs for food, clothing, household expenses, rented accommodation and other amenities of life, the order having been made effective from the date of filing of the petition till final adjudication thereupon.2. ..... the parties have been estranged from each other ever since. ..... though in the first said income tax return, he declared zero income, the subsequent itrs reflect income ranging from rs.2,36,955/- to rs.3,07,180/-. ..... approximately from various businesses. .....
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..... subsequent to that event, the petitioner (wife) presented a complaint (cc no.178/6/14) in the court of the metropolitan magistrate invoking section 12 read with sections 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005 (for short, domestic violence act) seeking various reliefs. ..... the proceedings in the case of the petitioner against the respondent under section 12 of the protection of women from domestic violence act, 2005 are revived before the crl. m.c. ..... no.4705/2016 page 4 of 6 protection of women from domestic violence act, 2005 on the ground that the petitioner had ceased to be an aggrieved person and further on conclusion that the claim as put forth was barred by limitation . ..... submissions made by shri ranjit kumar on the issue of limitation, in view of the provisions of section 468 crpc, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... that section 468 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. .....
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..... petition (cc no.12/1/13) in the court of the metropolitan magistrate invoking its jurisdiction under section 12 of the protection of women from domestic violence act, 2005 impleading the petitioner herein as the first respondent, this in addition to various other persons, they including his brothers, their wives, sister and her husband, making allegations of they having subjected her to a series of incidents constituting domestic violence within the meaning of the expression used in the said law, she seeking reliefs, inter alia, in ..... are claimed by the second respondent through the petition under section 12 of the protection of women from domestic violence act, 2005 arise out of a continuing cause of action. ..... the metropolitan magistrate by an application seeking modification of the impugned order dated 08.12.2015, on the ground that material facts had been concealed and that the petition under domestic violence act had suffered from laches but the said application was dismissed.3. ..... , not the least on mere averments of the petitioner, that the claim of the second respondent about domestic violence is wholly unfounded. ..... 3 of 4 facie constituting it to be a case of domestic violence. ..... the metropolitan magistrate, by order dated 08.12.2015, took cognizance on the said petitions, also perusing the domestic incident report (dir) and, thereafter, directed the petitioner to be called, issuing process against him for appearance calling upon him to respond including by filing an affidavit as .....
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..... in the district court, could have easily ascertained the nature of the proceedings and about the steps required to be taken therein, if not from her counsel, also from her colleagues in the district court; (ix) that the parties are in litigation for several years, before several foras including under the protection of women from domestic violence act, 2005 and prosecution of the respondent/husband under sections 498a, 406 and 34 of the ipc; (x) that no mileage could be taken by the petitioner/wife ..... was, (i) that a new counsel for the petitioner/wife entered appearance on 29th january, 2018; (ii) that the petitioner/wife is working as dak peon with the district court and the daughter of the parties is suffering from sugar and thyroid and the petitioner/wife is taking care of the said daughter; and, (iii) that the petitioner/wife was not aware of the requirement to file written statement within a period of 90 days.6. ..... however, on enquiry, whether the petitioner/wife throughout the same period was on leave from her employment in the district court, the answer is in the negative. ..... the respondent/husband has filed the proceedings, from which this petition arises, for dissolution of marriage with the petitioner/wife, under sections 13(1)(i-a) and 13(1)(i-b) of the hindu marriage act, 1955. .....
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..... instituted a case (v no.210/2012) invoking the provisions contained in the protection of women from domestic violence act, 2005 in the court of metropolitan magistrate for shahdara district with allegations, inter alia, of she having been subjected to domestic violence at the hands of the respondent husband and members of his family.2. ..... the petition which had been initially filed seeking reliefs under the protection of women from domestic violence act, 2005 required the provisions of the code of criminal procedure, 1973 to ..... the proceedings in the original case (no.210/2012) under protection of women from domestic violence act, 2005, which were closed earlier on 27.11.2012 shall stand revived.12 ..... at hand involves interpretation of the provision contained in section 28 of the protection of women from domestic violence act, 2005, which reads thus:-" 28. ..... was advised to approach the court of metropolitan magistrate again to pursue her remedies under the protection of women from domestic violence act, 2005. ..... wife had certain grievances, her police complaints indicating she having been subjected to domestic violence, this in continuity of what she had statedly suffered prior to the filing of the domestic violence act and indeed prior to the settlement agreement.9. ..... petition is to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or .....
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..... by a petition under protection of women from domestic violence act, 2005 before the metropolitan magistrate (case no.92/1/14), she alleges having been subjected to various acts of commission or omission, they constituting domestic violence. ..... the questions of fact which are raised concerning the petition under domestic violence act, 2005, which is pending consideration before the competent court cannot be addressed by this court in its inherent jurisdiction under section 482 cr. pc. ..... the metropolitan magistrate, by her order dated 07.07.2014, after perusing the domestic information report found a case made out for issuing notice to the petitioner. .....
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..... darshna had instituted the proceedings under the protection of women from domestic violence act, 2005 against her in-laws. ..... (153) drj259and reiterated that the provisions of the act have to be liberally construed as one of the primary objects of the act is to protect the life and property of the senior citizens.24. ..... thus, the assumption that it is necessary for a senior citizen to claim maintenance for seeking the protection of the act or the rules made there under is erroneous.20. ..... the delhi maintenance and welfare of parents and senior citizens (amendment) rules, 2016 were framed in aid of provisions of section 22 (2) of the act and, thus, must be construed in the widest sense to ensure protection of life and property of senior citizens. ..... it is relevant to note that section 22(2) of the act expressly provides that state government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens. ..... it is also relevant to refer to section 22 of the act which is set out below :-" (2) the state government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens. ..... section 22 (2) of the act requires the state government to prepare a comprehensive action plan for providing protection of life and property of senior citizens and thus, the state government was enjoined to do so. .....
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