Court : Punjab and Haryana
..... it is further averred that that petitioner- ta no.652 of 2012(o&m) #2# wife has initiated proceedings under section 125 cr.pc for maintenance and criminal proceedings under section 406, 498-a ipc at ludhiana and also under the protection of women from domestic violence act. ..... it is further stated that due to harassment for dowry, the petitioner wife was thrown out of from her matrimonial home on 03.07.2011 and since then she is residing with her parents at her parental home at ludhiana where minot girl was born on 20.11.2011. ..... transfer application under section 24 of the code of civil procedure for the transfer of petition under section 9 of the hindu marriage, 1955 filed by respondent husband for restitution of conjugal rights titled as puneet chopra versus urvashi from the court of learned district judge(family court).ambala to the court of competent jurisdiction at ludhiana. ..... it is further stated that in order to save his skin, the respondent-husband has filed a petition under section 9 of the hindu marriage act for restitution of conjugal rites before the court at ambala. ..... in view of the above, the present petition is allowed, the petition under section 9 of the hindu marriage act, 1955 titled as puneet chopra versus urvashi . ..... pending in the court of learned district judge (family court).ambala is ordered to be withdrawn and transferred to courts of competent jurisdiction at ludhiana for disposal in accordance with law from the stage of withdrawal. .....
Tag this Judgment!Court : Punjab and Haryana
..... section 12 of the protection of women from domestic violence act, 2005 (hereinafter to be referred as the act .). ..... been weighed with the trial magistrate to negate the plea of interim custody of complainant were that (i) as per section 8 of the hindu minority and guardian act, 1956, in case of an unmarried girl, father is the natural guardian and after him, is the mother, (ii) she is getting treatment from pgi chandigarh, (iii) if the custody of child is handed over to the complainant, she will take her to toronto, canada for treatment and (iv) it ..... under the spouse of common law partner in canada was rejected by the canadian authority on the following ground as described in para no.36(2)(a) of the immigration and refuges protection act:- a foreign national is inadmissible on grounds of criminality for having been convicted in canada of an offence under an act of parliament punishable by way of indictment, or of two offences under any act of parliament not arising out of a single occurrence. 3. ..... the mere fact that during her compelled/forced stay in india, she was getting some treatment from pgi chandigarh, vide opd slip (annexure p4) and getting physiotherapy from saket artificial limbs centre & orthopedic hospital, by virtue of prescription slips (annexures p5 & p6 colly), ipso facto, is not at all sufficient ground, muchless cogent, to ignore the over-all indicated paramount ..... from the record that the complainant has filed the petition (annexure p9) u/s 12 of the act .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) the conspectus of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that, initially raj rani (respondent-wife) has instituted a complaint against her husband petitioner harinder pal alias harvinder pal under section 12 of the protection of women from domestic violence act, 2005 (hereinafter to be referred as the act .). ..... as is evident from the record that the trial court has granted interim maintenance and shared household to the respondent-wife, by means of impugned order dated 23.5.2009 (annexure p1), whereas petitioner-husband has filed the appeal (annexure p3) on 7.9. ..... aggrieved thereby, the petitioner-husband has filed the time barred appeal along with an application for condonation of delay of 16 months u/s 5 of the limitation act, 1963. ..... thus, the delay cannot be condoned in filing the appeal because the appellant crr no.3282 of 2011 (o&m) 3 has failed to show any sufficient cause within the ambit of section 5 of the limitation act. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is averred that the petitioner wife has filed a petition under section 12 of the protection of women from domestic violence act, 2005, which is pending in the court of learned jmic, bathinda and the respondent has already caused appearance in ..... after hearing learned counsel for the petitioner and taking into account the fact that the petition filed by the petitioner-wife under domestic violence act is already pending at bathinda, i find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must ..... the above, the present petition is allowed, the petition under section 9 of the act, titled gurdas monga versus simran from the court of learned civil judge (sr.division).mansa is ordered to be withdrawn and transferred to the district courts, bathinda for disposal in accordance with law from the stage of withdrawal. ..... ) for restitution of conjugal right, titled gurdas monga versus simran from the court of learned civil judge (sr.division).mansa to the court of competent ..... that in order to harass the petitioner-wife, the respondent husband filed a petition under section 9 of the act which, as noticed above, is pending in the court at mansa. ..... j (oral) petitioner wife has filed the present transfer application under section 24 cpc for the transfer of petition filed by respondent husband under section 9 of the hindu marriage act,1955 (for short the act . .....
Tag this Judgment!Court : Punjab and Haryana
..... he further submits that earlier charanjit kaur filed a complaint before ssp, which was compromised and then she filed an application under the protection of women from domestic crl. ..... not m-40919 of 2012 =2= violence act, 2005 and the allegations in the three documents are contradictory. ..... learned state counsel,on instructions from asi mulakh raj, admits that the petitioner has joined the investigation and that her custodial interrogation is not required. .....
Tag this Judgment!Court : Punjab and Haryana
..... 4.2012 under sections 406,498-a,323,506 and 34 ipc,ps karnal city and a complaint under the protection of women from domestic violence act,2005. ..... jaswant singh,j(oral).the wife is seeking transfer of the petition filed by the respondent husband under section 9 of the hindu marriage act,1955 (for short the act) for restitution of conjugal rights before the learned family court at hisar to a court of competent jurisdiction at karnal. ..... kiran saini pending in the court of distt.judge (family court)hisar is ordered to be withdrawn and transferred to the court of competent jurisdiction at karnal for disposal in accordance with law from the stage of withdrawal. ..... in view of the above, the present petition is allowed, the petition under section 9 of the hindu marriage act,1955 titled as vijender saini v. .....
Tag this Judgment!Court : Punjab and Haryana
..... petitioners have filed this petition under section 482 of the code of criminal procedure, 1973 ('cr.p.c' for short) for quashing of the complaint case no.372/2/09 dated 17.8.2009 along with form-i under section 12 of the protection of women from domestic violence act, 2005 ('act' for short) (annexure p-7) as well as notice dated 3.11.2009 issued under section 12 of the said act. ..... (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted)to the institution and continuance of the proceedings and/or where there is specific provision in the code or the concerned act, providing efficacious redress for the grievance of aggrieved party. 7. ..... not m-31929 of 2009 (o&m) -6 - 12 of the act (annexure p-7) and all the consequential proceedings, arising therefrom, qua petitioners no.2 and 3, are quashed. ..... the complaint under the act was filed in april 2009. ..... court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice. ..... in the present case, respondent has filed the complaint under section 12 of the act annexure p-7. .....
Tag this Judgment!Court : Punjab and Haryana
..... the respondent, thereafter, filed a case under section 498-a of the indian penal code as well as under section 12 of the domestic violence act, 2005 which are still pending. ..... the factors to be kept in view by a court while determining the custody of a minot child have been adequately applied by the family court, while arriving at the conclusion that the protection of the minot child's interest and welfare lies in his custody with the mother. ..... (oral) this appeal is directed against the order dated 6.12.2011, passed by the family court at gurgaon, dismissing the appellant's petition under section 25 of the guardians and wards act, 1890, wherein he sought custody of his minot son, namely, nishant, who at that time was 5 years old.2. ..... the appellant also filed a petition under section 9 of the hindu marriage act, 1955 though withdrew it when the respondent refused to join his company. ..... teacher for primary school and her father is a retired government employee who besides pension is also running a general store and has fao no.2732 of 2012 -3- yet another additional income from the agricultural land. ..... the appellant got married with respondent on 30.1.2005 and the male child was born out of their wedlock on 1.12.2005. .....
Tag this Judgment!Court : Punjab and Haryana
..... respondent has filed a complaint under the protection of women from domestic violence act, 2005. ..... the same is awarded to the petitioner and her minot son from the date of filing of application under section 23 of the d.v.act. .....
Tag this Judgment!Court : Punjab and Haryana
..... as per him, the only ground for quashing of the complaint taken is that the alleged offence under the protection of women from domestic violence act, 2005 occurred before the enactment and, therefore, the complaint was not maintainable. ..... in our view, the delhi high court has also rightly held that even if a wife, who had shared a household in the past, but was no longer doing so when the act came into force, would still be entitled to the protection of the pwd act, 2005. ..... we agree with the view expressed by the high court that in looking into a complaint under section 12 of the pwd act, 2005, the conduct of the parties even prior to the coming into force of the pwd act, could be taken in to consideration while passing an order under sections 18, 19 and 20 thereof. .....
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