Court : Punjab and Haryana
..... against the order dated 6.12.2013, passed by the learned chief judicial magistrate, panipat on the application under section 311 cr.p.c.filed by the petitioner to place on record of the trial court, copy of petition under section 12 of the protection of women from domestic violence act, 2005, copy of reply to the said petition and copy of protection order dated 7.8.2009 passed during the pendency of said petition. .....
Tag this Judgment!Court : Punjab and Haryana
..... also paying a sum of rs.7000/- per month for the accommodation which he arranged for the residence of petitioners in terms of orders passed under protection of women from domestic violence act, 2005.11. ..... the epitome of the facts and material, culminating in the commencement, relevant for deciding the instant revision petitions and emanating from the record, is that, the marriage between petitioner-husband arvind kumar sharma 2014.03.22 09:26 i attest to the accuracy and integrity of this document chandigarh civil revision nos.270 & 1666 of 2012 2 harish sharma ..... that her husband is working as senior manager with the indian oil corporation and getting the package of ` 9/10 lacs per year, besides minimum salary of ` 1.25 lac per month plus having income from other sources and getting more than ` 50,000/- per month as ta, bonus, medical and other service benefits etc. ..... status, income of husband and the fact that both the children are getting maintenance pendente lite of ` 8000/- each per month u/s 125 cr.pc, the trial court partly accepted the petition u/s 24 of the act and directed the husband to pay a sum of ` 8000/- per month as maintenance pendente lite and ` 5000/- as litigation expenses to respondent-wife, from the date of indicated petition, vide impugned order dated 11.11.2011 (annexure p4) 4. ..... all these facts and circumstances, petitioner no.1 is allowed maintenance pendente lite of rs.8000/- per month payable from the date of petition under section 24 of hindu marriage act. .....
Tag this Judgment!Court : Punjab and Haryana
..... this order of 18.4.2012 had been passed by the judicial magistrate first class, shaheed bhagat singh nagar on an application under section 12 of the protection of women from domestic violence act, 2005 wherein she had sought many reliefs in her favour, including payment of monthly maintenance and payment of a room for her residence in the matrimonial house in village sajawalpur. ..... first class, shaheed bhagat singh nagar to re-appraise the entire issue keeping in the view the evidence available on record, potentiality of the husband to pay and the needs of the wife, within a period of one month from the date of receipt of a certified copy of this order in accordance with law.7. ..... given in sub-section (s) and sub-section (f) respectively of section 2 of the act, it is claimed that notwithstanding the fact that the house is owned by her mother-in-law, the wife still has a right to reside in such a house because at one point of time she along with her husband had ..... and domestic relationship . ..... by way of modification of the impugned order, she seeks increase in her maintenance amount from rs.1500/- to rs.2,000/- p.m. .....
Tag this Judgment!Court : Punjab and Haryana
..... also filed a petition under section 125 of the code of criminal procedure seeking monthly maintenance, besides she has also filed a petition under section 12 of the protection of women from domestic violence act, 2005. ..... besides, gold and silver ornaments, valuable clothes, domestic articles and electronic items were given to her by ..... was premature and the cause of action has singh ishwar 2014.03.19 01:12 i attest to the accuracy of this order high court chandigarh fao no.754 of 2014 (o&m) {6} accrued to the appellant after the expiry of two years from the date of desertion to file a petition for divorce on the ground of desertion. ..... petition for divorce on the ground of desertion could not have been filed before a period of two years had elapsed from the date of desertion till presentation of the petition for divorce. ..... the respondent had also filed a petition under section 9 of the act seeking restitution of conjugal rights but she had flatly refused to accompany the respondent without giving ..... -her) own act and conduct from filing the present ..... it is alleged that the behaviour of the appellant from the very inception of the marriage was abnormal towards the respondent and his ..... judge, family court, bhiwani, whereby petition of the appellant seeking dissolution of marriage between the parties by a decree of divorce on the ground of cruelty and desertion as envisaged by the provisions of section 13 (1) (ia) and (ib) of the hindu marriage act, 1955 (`act' for short), has been dismissed.2. .....
Tag this Judgment!Court : Punjab and Haryana
..... as the matter has been settled by way of compromise and i have filed my affidavit in this regard today in the court, according to my free will and consent, the petition under section 12 of the protection of women from domestic violence act, 2005 and proceedings emanating therefrom pending in the court of chief judicial magistrate, chandigarh bearing complaint no.191/2013 dated 14.3.2013 titled archana syal and another versus ravi syal and others . ..... in view of what has been discussed hereinabove, the petition is allowed and petition filed under section 12 of the protection of women from domestic violence act, 2005 pending in the court of chief judicial magistrate, chandigarh bearing complaint no.191/2013 dated 14.3.2013 titled archana syal and another versus ravi syal and others . ..... the petitioners have prayed for quashing of a petition filed under section 12 of the protection of women from domestic violence act, 2005 pending in the court of chief judicial magistrate, chandigarh bearing complaint no.191/2013 dated 14.3.2013 titled archana syal and another versus ravi syal and others . ..... in the instant case, petition under section 12 of the protection of women from domestic violence act, 2005 was filed by the respondents. ..... an extract from her statement is quoted thus:- the proceedings under section 12 of the protection of women from domestic violence act, 2005 were filed by me to claim relief for myself and minor rohan sayal. .....
Tag this Judgment!Court : Punjab and Haryana
..... subsequent thereto, the petitioner in the year 2008 filed a complaint under protection of women from domestic violence act, 2005 (in short 'the act') against her parents in-law and others which is pending in the court of judicial magistrate at amritsar. ..... the complainant on his visit to amritsar on 08.01.2009 went to the shop and found the material missing and on inquiry from his son, the complainant was pushed out of the shop and extended threats to kill him. ..... the petitioner has initiated proceedings under sections 12, 18, 19, 20 and 21 of the act arraigning her parents in-law along with vinay goel and seema goel as respondents which are statedly pending in the court. ..... when he inquired about the same from his son telephonically, he (son) threatened to kill him in case he visits the shop. ..... offences and she has been indicted in the crime because of dispute between her father-in- law on one hand and her husband on the other and more so that the petitioner initiated proceedings under the act. ..... allegations against the petitioner making her jointly liable for alleged misappropriation of those stocks by her husband as the petitioner earlier initiated criminal proceedings in the year 2002 and later filed a petition under the act. .....
Tag this Judgment!Court : Punjab and Haryana
..... the appellant had also filed complaint against her husband- malik ramesh 2014.03.20 11:50 i attest to the accuracy and integrity of this document high court chandigarh (106) fao no.m-70 of 2014 -7- respondent no.1 under section 12 of the protection of women from domestic violence act, 2005, and had also taken proceedings for claiming maintenance under section 125 of the code of criminal procedure. ..... insofar as the phone calls were concerned, the appellant pleaded that her son manpreet singh was to take middle class examinations at kotkapura and respondent no.1 had made a call from kuwait to respondent no.2 asking the latter to take care of the child during the examination time and the telephone calls were made by respondent no.2 in that regard, which were mostly attended by the father-in-law of the ..... regarding the money, she stated that she had withdrawn the entire amount from the bank account, which was in her name and in the name of respondent no.1, but again nothing was stated that the amount was withdrawn and given to the families of other persons who were known to ..... a panchayat was convened where the appellant admitted that she had relations with respondent no.2 and that she had also withdrawn money from the joint account that she had with her husband, as mentioned above. .....
Tag this Judgment!Court : Punjab and Haryana
..... it may be noticed that order dated 3.1.2012 passed by learned st judicial magistrate 1 class, amritsar, fixing the interim maintenance of rs.5000/- per month in proceedings under section 12 of the protection of women from domestic violence act, 2005, was not brought to the notice of the learned additional district judge, amritsar, when order dated 3.12.2013 was passed. ..... counsel for the appellant has contended that in fact the appellant is to pay an amount of rs.5000/- per month in terms of the order st dated 3.1.2012 passed by learned judicial magistrate 1 class, amritsar, in proceedings under section 12 of the protection of women from domestic violence act, 2005. ..... appeal has been filed by the appellant-husband against the order dated 3.12.2013 passed by additional district judge, amritsar, whereby on an application under section 24 of the hindu marriage act, 1955 (`act' for short).maintenance pendente lite has been granted to the respondent-wife of rs.5000/- per month, besides rs.10,000/- as litigation expenses. ..... therefore, fixing of maintenance in proceedings for divorce singh ishwar 2014.02.25 02:38 i attest to the accuracy of this order high court chandigarh cm-3523-cii of 2014 in/and fao no.m-80 of 2014 {2} under the act, is not sustainable. .....
Tag this Judgment!Court : Punjab and Haryana
..... , for setting aside of the proceedings under the protection of women from domestic violence act, 2005 (for short 'the act') being barred by limitation. ..... heard in context to the punishment provided under section 31 of the act and section 468 cr.p.c.counsel for the petitioner submits that the complaint filed by the respondent is barred under section 468 cr.p.c.as penalty for breach of protection order provided is one year of imprisonment or fine to the extent of rs.20,000/- or with both. ..... once there is breach of protection/interim protection order and penalty is sought for under section 31 of the act, the provisions under section 468 cr.p.c. ..... i have heard the learned counsel for the petitioner and appreciated his contention that section 31 of the act provides punishment of one year on account of breach of protection order or interim order. ..... , cannot be applied before any protection/interim protection order is passed. ..... , would run after protection order is made by a court of competent jurisdiction. ..... the preposition which was before hon'ble the apex court in above said case was whether a judgment and decree of matrimonial court under section 13-b of the hindu marriage act could be declared null and void in collateral proceedings i.e. ..... , proceedings under the act as such, the judgment in case inderjit singh (supra).is not applicable to the facts of the present case. .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) hardeep kaur, the respondent herein, filed a complaint under section 12 of the protection of women from domestic violence act, 2005, claiming various reliefs. ..... however, petitioner tejpal singh (father-in-law of the complainant/respondent) cannot run away from his responsibility to provide a shelter or to pay rent in lieu thereof to the complainant/respondent. ..... manhandled at the time when her husband's last rites were being performed, it seems appropriate if instead of passing interim residence order, she is allowed some amount to be paid to her as rent as an interim measure as per section 19 (1) (f) of the act. . .....
Tag this Judgment!