Court : Punjab and Haryana
..... by the judicial magistrate ist class, tohana on mamta cr-2983-2014 2 2014.05.19 10:33 i attest to the accuracy and integrity of this document 28.11.2013 granting interim allowance of rs.4,500/- per month to the respondent/wife in proceedings which arose from proceedings initiated by the respondent wife under the protection of women from domestic violence act, 2005, was not brought to the notice of the family court. ..... if this was the position then the petitioner would be at liberty to bring this fact to the notice of the matrimonial court for it to consider making a suitable deduction from the maintenance awarded by the matrimonial court so that both the orders can co-exist happily. .....
Tag this Judgment!Court : Punjab and Haryana
..... c1 in the court of learned judicial magistrate ist class, ambala in proceedings under sections 12 and 17 to 22 of the protection of women from domestic violence act, 2005. ..... from the marriage, they had a son namely akshit who was born on 28.09.2001 at ambala cantt. .....
Tag this Judgment!Court : Punjab and Haryana
..... in the proceedings under the protection of women from domestic violence act, 2005 (for short 'the act of 2005') the trial court dismissed the application of respondent paramjit kaur claiming interim maintenance vide order dated 04.04.2013. ..... after ten years of that settlement in the year 2004, respondent has moved an application under section 23 of the act of 2005. ..... in appeal, the respondent was allowed interim maintenance @ `2,000 per month from the date of filing of the application. ..... during the period from 2004 to 2014, she has not claimed any maintenance. ..... the mere fact that a house has been given for residence to the son of respondent, do not defeat the right of respondent to claim maintenance from her husband. ..... writing dated 02.06.2006 whereby that house was mehta sachin 2014.05.15 17:17 i attest to the accuracy and integrity of this document chandigarh crr-1440-2014 -3- partitioned also speak of no settlement regarding a right of respondent to claim maintenance from her husband. ..... as wife, she has a right to claim maintenance from her husband. .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) the instant petition has been filed for quashing fir no.151 dated 10.11.2011 for offences under sections 420, 406, 494, 498-a, 34 ipc and under the protection of women from domestic violence act 2005, police station dirba, tehsil sunam, district sangrur and the subsequent proceedings on the basis of written compromise arrived at between the parties. ..... (2012)10 scc303 this petition is allowed and fir no.151 dated 10.11.2011 for offences under sections 420, 406, 494, 498-a, 34 ipc and under the protection of women from domestic violence act 2005, police station dirba, tehsil sunam, district sangrur and the subsequent proceedings conducted on the basis thereof, are quashed. ..... learned state counsel on instructions from hc mohinder singh informs petitioners are the only accused in this fir which was recorded by respondent no.2. ..... report from the trial court has been received after recording statements of the parties, alongwith copies of statements. .....
Tag this Judgment!Court : Punjab and Haryana
..... in the present case, the complainant alongwith her minor child is being compelled to stay away from matrimonial home despite her legal right under section 17 of the protection of women from domestic violence act, 2005. ..... counsel for the petitioner has taken the protection of section 468 cr.p.c.laying down a bar for taking cognizance after the lapse of the period of limitation. ..... it is claimed by him that the sentence of 3 years is prescribed for the offence under sections 406, 498 a ipc as such the period of limitation for taking cognizance of the offence in the present case would be 3 years from the date of commission of offence. .....
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..... code of criminal procedure for setting aside order dated 27.01.2014 (annexure p3) passed by the judicial magistrate ist class, amritsar whereby the defence of the petitioner has been struck off in proceedings under section 12 of the protection of women from domestic violence act 2005 (in short 'the act') for failure to file the reply. .....
Tag this Judgment!Court : Punjab and Haryana
..... filed a complaint against the accused u/s 12 of the protection of women from domestic violence act, 2005 and sections 406, 498-a, 376 and 120-b ipc. ..... facts and in the special circumstances of that case, it was observed that permitting the wife to continue the criminal proceedings under the domestic violence act would be travesty of justice and hence warrants quashing.11. ..... ex facie, the arguments of learned counsel that the list of dowry articles is not signed by the parties as per the requirement of the rules framed under the dowry act, there is a contradiction in the number of the accused mentioned in the impugned fir (annexure p1) and earlier complaint (annexure p3) filed by the complainant and since the petitioners have been falsely implicated, so, the impugned fir is ..... relatable to appreciation of evidence (as now sought to be urged on their behalf) and what is the effect of non-compliance of the rules framed under the dowry act, inter-alia, would be the moot points to be decided after receiving the evidence of the parties, during the course of trial by the trial court. ..... was stated to be a retired dig from railway protection force, whereas petitioner no.2 is a retired ..... of the facts and material, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, the marriage of complainant smt.shaweta d/o ashok kumar sarangal (respondent no.6) (for brevity the complainant . .....
Tag this Judgment!Court : Punjab and Haryana
..... dispute in between the parties which triggered various litigations including the one filed under the protection of women from domestic violence act, 2005 (for short 'the act') bearing domestic violence case no.10 of 2013 filed in the court of learned judicial magistrate, gurgaon. ..... it would be relevant to note certain undisputed facts: (i) in domestic violence case no.10 of 2013, the petitioner moved an application under section 12 of the act (annexure p-3) seeking various reliefs. ..... case, on the application of the petitioner under section 12 of the act, the trial court passed the order dated 25.01.2014, the operative part of which reads as under:- apart from it, lodging of fir prima facie shows threat at the hands of the respondent to the petitioner, hence, protection order under section 18 is hereby passed and respondent no.1 is hereby restrained from coming at the firs.floor of the shared household wherein the petitioner ..... well as learned counsel for the respondents have no objection if the trial court after considering the reply filed by the respondents decide the application of the petitioner filed under section 12 of the act afresh even for the relief allowed vide order dated 25.01.2014, not influenced by that order or the order dated 5.2.2014 passed by the appellate court. ..... order be supplied to the petitioner free of cost, a copy to the police in charge of the concerned police station, ggn and to the protection officer be supplied as mandated by section 24 of the d.v.act. . .....
Tag this Judgment!Court : Punjab and Haryana
..... ,(oral) this order shall dispose of the instant petition filed under section 438 of code of criminal procedure praying for the grant of anticipatory bail to the petitioner in fir no.113 dated 30.03.2012, under section 31 of the protection of women from domestic violence act, 2005, registered at police station civil lines, bhiwani, haryana. ..... perusal of the order sheets would reveal that this court has been inclined to grant interim protection to the petitioner in the matter, subject to the singh omkar 2014.04.11 11:39 i attest to the accuracy and integrity of this document chandigarh crm no.m-27038 of 2013 [2].petitioner clearing the entire outstanding amount of the arrears of maintenance awarded to the complainant under section 125 cr.p.c.as also under the provisions of the protection of women from domestic violence act, 2005. ..... learned state counsel, upon instructions from si shish ram, would apprise the court that the petitioner had otherwise joined the investigation. .....
Tag this Judgment!Court : Punjab and Haryana
..... the sole submission made by counsel for the petitioner is that the maintenance awarded by the court is liable to be reduced as the respondents have been granted interim maintenance @ rs.5000/- per month in proceedings under the protection of women from domestic violence act, 2005 (in short the domestic violence act . ..... the petitioner cannot seek modification of the order passed by the trial court in proceedings under section 125 of the code on the ground that the respondent wife has also been allowed maintenance under the domestic violence act 2005. ..... (4)xxx xxx xxx (5)xxx xxx xxx (6)xxx xxx xxx the monetary reliefs which can be awarded in the domestic violence act are in addition to any maintenance which is awarded to the aggrieved person or any child of the aggrieved person under section 125 of the code or any other law for the time being in ..... it is not disputed that the proceedings for grant of maintenance under the domestic violence act were initiated subsequent to filing of application under section 125 of the code which was ..... petitioner, if so advised, may raise a plea in the proceedings under the domestic violence act that the maintenance awarded to the wife and the minor child under section 125 of the code may be kept davinder kumar 2014.04.04 10:36 i attest to the accuracy and integrity of this document crr(f)-199-2013(o&m) 4 in view while assessing maintenance under the domestic violence act keeping in view the provision of sub section 2 of section 20 of the said act. .....
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