Court : Madhya Pradesh
..... the import and the purpose for which the protection of women from domestic violence act 2005 has been initiated and the intention for incorporating section 498-a ipc has to ..... it is said that on receipt of the summons with regard to the aforesaid case, non applicant no.2 filed a police complaint under the protection of women domestic violence act vide annexure a/2 and a fir with the police station vide annexure a/3 on 16.6.2009 for offences under section 498a and 34 of ipc and police after investigation into the fir having ..... a/2 is taken note of, it would be seen that apart from the ingredients necessary for constituting an offence under section 498a, various other allegations are there in the matter which comes within the purview of the rules framed and offence contemplated under the domestic violence act, 2005. ..... therefore, clear that in the application and the complaint registered under the domestic violence act the allegations are different and allegation for offence under section 498a are different ..... the case are different and if the application filed by the non applicant under the domestic violence act i.e. ..... section 498a and another under the domestic violence act. ..... was filed after the proceeding under section 9 was initiated is concerned, the non applicant no.2 not only in her complaint but also in a statement recorded under section 161, apart from giving details of act committed against her, indicated reasons explaining her conduct in not making complaint at every point of time. .....
Tag this Judgment!Court : Madhya Pradesh
..... before the jmfc rewa relating to section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as special act .).2. ..... is granted to the respondent, however, if she is not taken to the house of the applicant no.1, then domestic violence is in continuation against the respondent, and therefore prima facie it cannot be said that an application under 6 ..... took place between the parties, and therefore the applicant no.1 and his family members are not taking the respondent to their house, hence the domestic violence is continued. ..... is a scope that a report of the protection officer may be obtained in favour of the applicants and thereafter proceedings may be dropped, but in that special act where no limitation is fixed for filing of the application, no shelter can be given to the applicants at this stage though they were acquitted from the charge of offence under section 498-a of ..... after considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it is apparent from the judgment passed by hon'ble the apex court in the case of sandhya manoj (supra) the hon'ble supreme court has emphasized the words may also file a complaint against the ..... the basis of aforesaid discussion, prima facie it cannot be said that the application filed under section 12 of the special act is not maintainable, and therefore there is no basis by which the present petition filed by the applicants under section 482 of .....
Tag this Judgment!Court : Madhya Pradesh
..... the applicants by this petition under section 482 of cr.p.c.have challenged the proceeding pending before the jmfc jabalpur in m.cr.c.no.16/2012 registered for the offence under sections 9 and 12 of the protection of women from domestic violence act, 2005. ..... after considering the submission made by the learned counsel for the applicant and looking to the facts and circumstances of the case, the case is dependent on the fact that no report from the protection officer was filed by the respondent in the case and the magistrate took cognizance in the case. ..... under such circumstances, the present petition filed by the applicants under section 482 of cr.p.c.is hereby disposed off with a direction that after taking report of the protection officer on record, the magistrate shall proceed for taking cognizance afresh and to issue fresh notice to the applicants. ..... , [2012(4) mplj 615 in which it is led that without getting report of the protection officer, the magistrate could not take cognizance in the case and no notice could be issued to the opposite party. ..... however, in the present case, the report of the protection officer is available on record, and therefore not the learned magistrate is competent to take cognizance in the case. .....
Tag this Judgment!Court : Madhya Pradesh
..... seeking quashment of a criminal proceeding initiated against the petitioners at the instance of respondent no.1, for certain offence under sections 12, 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005, this application has been filed for quashment of mj.no.703/2012, pending in the court of judicial magistrate firs.class, bhopal. ..... a perusal of the complaint annexure p/1, available on record, goes to show that the allegations made in the complaint are prima facie established from the material available and, therefore, it is not a fit case where the extra ordinary jurisdiction available to this court under section 482 crpc should be exercised. .....
Tag this Judgment!Court : Madhya Pradesh
..... he further said that besides this, the petitioner has also initiated the proceedings against the respondent under section 23 of protection of women from domestic violence act,2005 (in short `the act') in the court of jmfc jabalpur and on consideration of some interlocutory application in such case, the respondent has been directed to pay rs.3000/- per ..... of rs.6000/- per month but due to matrimonial dispute the respondent was not in a position to perform his work in such service in regular course consequently such institution has removed him from the service and not he is not having any regular source of income to pay the interim alimony to the petitioner and prayed for dismissal of this petition.5. ..... in the other cases and, in such premises, if the respondent has been directed to pay rs.3000/- per month to the petitioner in the proceedings of the act by the jmfc then even after passing the order in the present matter under section 24 of the hindu marriage act, the trial court as well as of the court are bound to give 4 w.p.no.1404 of 2013 direction to adjust such sum in the sum awarded by jmfc. ..... is not paid by the respondent under the proceedings of the act then the petitioner shall be at liberty to recover the sum of the interim alimony on the basis of this order from the respondent.12. ..... been apprised by the respondent counsel with any document from the record that in which manner such agreement was considered by the jmfc while dealing with the aforesaid proceeding of the act. .....
Tag this Judgment!Court : Madhya Pradesh
..... aruna tripathi versus abhijeet tripathi & others.is case under section 22 of the protection of women from domestic violence act, 2005, (2) complaint case no.662/2010 (smt. ..... matrimonial matter under section 13 of hindu marriage act from indore and under section 9 of hindu marriage act from mandla have been transferred by this court to the court of family judge, jabalpur. 3 ..... 03/2013 date of order : /03/2013 this order shall govern the disposal of aforesaid three m.cr.cs, in which common prayer has been made to transfer criminal cases from court of c.j.m, mandla to court of c.j.m.jabalpur on the ground of convenience of the parties. ..... aruna tripathi versus abhijeet tripathi & others.is case under section 498a ipc read with section 3/4 dowry prohibition act, and (3) complaint case no.1113/2010 (smt. ..... for transferring a case from one court to another comparative inconvenience of the parties should be taken into ..... transfer of aforesaid cases from court of mandla to jabalpur sought mainly on the ground that accused ganeshdatt tripathi, aged 79 years and lady sushma tripathi, aged 46 years are resident of indore having no direct mode of communication to attend dates of ..... having careful comparative consideration regarding conveniences of the parties, in respect of trials of aforesaid cases, it seems not feasible and appropriate to transfer these cases from mandla to jabalpur. ..... tripathi versus abhijeet tripathi & others.under section 406 ipc read with section 6 of dowry prohibition act. 2. .....
Tag this Judgment!Court : Madhya Pradesh
..... the brief facts relating to the present revision are that the respondent uma trivedi has moved an application under sections 12, 18, 19 and 20 of the protection of women from domestic violence act, 2005 (hereinafter referred to as act, 2005 .). it 2 cr.r. ..... no.1517 of 2011 which comes under the overt-act of domestic violence .. ..... the learned jmfc bhopal after considering the entire evidence adduced by the parties accepted the application of the respondent uma trivedi and a relief was granted under section 19 of the act, 2005 that the applicant shall keep one room for his residence and he would handover the entire possession of the remaining house of the respondent and he would 3 cr.r. ..... under such circumstances, the relief which was granted by the learned jmfc, bhopal under section 19 of the act, 2005 should have been granted for the entire house.7. ..... also a relief was granted under section 20 of the act, 2005 that a compensation of rs.5,000/- be paid to the respondent uma trivedi. .....
Tag this Judgment!Court : Madhya Pradesh
..... learned counsel for the petitioners has submitted that complainant has filed a complaint for the offence punishable under section 498-a of ipc and under the provisions of protection of women from domestic violence act, 2005. ..... in the absence of copies of whole of the record and further considering the fact that complainant has already filed a case under provision of protection of women from domestic violence act, the judgment cited by the learned counsel for the petitioners has no relevance at this stage. ..... learned counsel for the respondent has submitted that for an offence punishable under domestic violence act, a complaint can be filed where the complainant (wife) is residing. .....
Tag this Judgment!Court : Madhya Pradesh
..... judgment /01/2013 this petition has been preferred under section 482 of code of criminal procedure, 1973 (in short cr.p.c) seeking relief of quashment of proceedings pending in the court of jmfc, jabalpur as mj.no.30/2009 under the protection of women from domestic violence act, 2005 ( in short act of 2005) on the basis of 2 m.cr.c.no.10341/2011 complaint of respondent. ..... in view of the clear provisions under the act of 2005 itself, it cannot be said to be an instance of double jeopardy if different cases like trial of offence under section 498a ipc, matter of award of maintenance under section 125 cr.p.c and case of domestic violence act, 2005 are going together simultaneously between the couple in respective ..... section 31 of the act of 2005 magistrate may also frame charges under section 498a ipc or any other provision of that code or the dowry prohibition act, if sufficient material has come on record in case of domestic violence act. ..... all facts and circumstances of the case into consideration, it is revealed that application of domestic violence act was filed subsequent to the lodging of fir under section 498a ipc against the petitioners.domestic violence act provides an alternative remedy for seeking compensation etc in addition to the existing provision. ..... contra it is submitted by learned counsel for respondent that section 3 of act of 2005 is very exhaustive and covers so many instances of domestic violence, which are not in purview of the 3 m.cr.c.no.10341/2011 section 498a .....
Tag this Judgment!Court : Madhya Pradesh
..... for redressal of her grievance, the respondent filed the application under section 12 of the protection of women from domestic violence act 2005. ..... such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such magistrate thinks fit, and to pay the same to such person as the magistrate may from time to time direct: provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub section, order such person to make a monthly allowance ..... for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceedings which the magistrate considers reasonable,and to pay the same to such person as the magistrate may from time to time direct: provided also that an application of the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall ,as for as possible , be disposed of within sixty days ..... from the date of the service of the notice of the application to such person,] sec.127(1)- [on proof of a change in these circumstances of any person, receiving under section 125 a monthly allowance for the maintenance or interim maintenance or ordered .....
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