Court : Punjab and Haryana
..... it is stated that the petitioner-wife has initiated proceedings under section 125 cr.pc as well as petition under protection of women from domestic violence act 2005 on 20.10.2012 at karnal. ..... kumar sanjay and another, air2002sc396 in view of the above, the present petition is allowed, the petition under section 12-c of the hindu marriage act, 1955 titled as deepak kapoor versus simran . ..... (oral) petitioner wife is seeking the transfer of petition filed by the respondent-husband under section 12-c of the hindu marriage act, 1955 titled as deepak kapoor versus simran . ..... pending in the court at rohtak is ordered to be withdrawn and transferred to courts of competent jurisdiction at karnal for disposal in accordance with law from the stage of withdrawal. ..... it is further stated that in order to harass the petitioner-wife respondent-husband has filed petition under section 12-c of the hindu marriage act, 1955 at rohtak. ..... from the court of learned district & sessions judge, rohtak to a court of competent jurisdiction at karnal. .....
Tag this Judgment!Court : Punjab and Haryana
..... on the other hand, the learned counsel for the respondent contends that the petitioner could not invoke the inherent jurisdiction of this court under section 482 cr.p.c.as the proceedings in hand are under the protection of women from domestic violence act, 2005, and are not in the nature of criminal proceedings. ..... the petitioners do not come under the definition of domestic relations of the complainant. .....
Tag this Judgment!Court : Punjab and Haryana
..... p-4 is the petition filed by petitioner no.1 against respondent no.2 and his relatives under section 12 of the protection of women from domestic violence act, 2005. ..... to constitute an offence under section 363 ipc, whoever entices a minor from the custody of lawful guardian can be said to have committed the offence. ..... 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. ..... whoever kidnaps any person from [india].or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years.and shall also be liable to fine ..... 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. . ..... under [eighteen].years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. ..... 361 and 363 ipc read as under:- 361 ipc kidnapping from lawful guardianship. .....
Tag this Judgment!Court : Punjab and Haryana
..... patiala on 31.07.2008, under section 12 of protection of women from domestic violence act, 2005 (for short 'the act'). ..... the domestic violence act provides for a ..... 07.01.2009 restraining the husband and her father-in-law (petitioner herein) from dispossessing her from 'shared household' except in due course of law and from committing jitender kumar 2013.09.13 17:39 i attest to the accuracy and integrity of this document chandigarh crr no.2937 of 2010 (o&m) -2- any domestic violence. ..... in view of the above discussion, the petition is allowed and impugned order dated 22.09.2010 is modified to the extent that award of maintenance @ 1500/- per month from the date of application would be enforceable against respondent no.2-husband at the first instance and in case respondent no.1 is able to prove by adducing evidence/documents that it was a joint hindu family property ..... taruna batra, 2007 (3) scc 169.hon'ble supreme court held that there is no such law in india, like the british matrimonial homes act, 1967, and in any case, the rights which may be available under any law can only be as jitender kumar 2013.09.13 17:39 i attest to the accuracy and integrity of this document chandigarh crr ..... act says as under:- 2(f) domestic ..... is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act. ..... various provisions of the act in support of contention that statute has conferred distinct rights on women to claim maintenance. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is also contended that she also filed a complaint under the protection of women from domestic violence act, 2005, annexure p9, and that there are discrepancies in the version given in the complaint and the version given to the police in the fir. ..... she was harassed and acts of cruelty were committed upon her including physical violence by the petitioners after husband of the complainant left for italy. ..... was aborted when some poison was given to her by the petitioners.it also came during enquiry that `25,000/- were given to the petitioners by parents of the complainant and however, after few days of the same, acts of cruelty again started and now she is residing with her parents. ..... however, just after few days of the compromise, acts of harassment and cruelty again started. ..... after husband left for italy, acts of cruelty used to be committed upon her by the present petitioners.present petitioners even tried to give her poison and the matter meenu 2013.09.12 12:02 i attest to the accuracy and integrity of this document chandigarh crl.m.no.m-30313 of ..... (oral) the present petition filed under section 438 cr.p.c.is for grant of anticipatory bail to the petitioners in case fir no.76, dated 31.8.2013, under sections 406, 498-a ipc, registered at police station women, patiala, district patiala. ..... they committed acts of cruelty and harassment upon the complainant on account of dowry. .....
Tag this Judgment!Court : Punjab and Haryana
..... *** present: mr.aayush gupta, advocate for the petitioners *** through the present petition, the petitioners have prayed for quashing of fir no.51 dated 10.10.2012 for offence under section 31 of the protection of women from domestic violence act, 2005 registered at police station, moti nagar, district ludhiana on the basis of compromise (annexure p-2).notice of motion for 13.12.2013. ..... officer as and when required; ii) they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer; and iii)they shall not leave india without the previous permission of the court. ..... officer as and when required; (ii) she shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer; and (iii) she shall not leave india without the previous permission of the court. ..... officer as and when required; (ii) they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer; and (iii) they shall not leave india without the previous permission of the court. ..... direction to official respondents to protect his life and liberty from respondent nos.4 and 5 .....
Tag this Judgment!Court : Punjab and Haryana
..... false fir was got registered against the complainant and his son by pooja malhotra, daughter of the petitioners.pooja malhotra had also filed a complaint under the protection of women from domestic violence act, 2005 against the complainant and his son ashish malhotra on 11.02.2008. ..... when the complainant and his son ashish malhotra tried to stop the petitioners from doing so, they manhandled the complainant and his son. ..... under sections 323, 452, 506, 382 read with sections 511 and 34 of the indian penal code, 1860 from the court of panchkula to any court of competent jurisdiction at karnal. ..... keeping in view the facts and circumstances of the case, no ground for transfer of the complaint from the court at panchkula to karnal is made out. ..... as a result of this, complainant filed a suit for mandatory injunction to get the firs.floor of his house vacated from his son ashish malhotra. .....
Tag this Judgment!Court : Punjab and Haryana
..... ritu bahri, j this petition is for quashing of complaint no.125-2/2010 dated 12.5.2010 under sections 12/18/19/20/22/23 of the protection of women from domestic violence act, 2005 (annexure p-4) and the summoning order dated 12.5.2010 (annexure p-8).the petitioner got married to respondent no.2 on 26.4.2002 at moradabad (up) according to hindu rites and rituals. ..... respondent no.2 has filed a petition under section 13 of the hindu marriage act, for dissolution of marriage. .....
Tag this Judgment!Court : Punjab and Haryana
..... keeping in view the totality of the facts and circumstances, the maintenance awarded to the petitioner by the trial court, affirmed in revision, is enhanced to the tune of rs.20,000/- per month from the date of application under section 12 of the protection of women from domestic violence act, 2005. ..... the petition filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the act . ..... taking into account the liability of the respondent to pay rs.10,000/- towards emi of the flat, however, keeping in view the salary of the respondent which is further increasing from april 2009 onwards and has been raised to rs.99,057/- in january 2011, i am of the considered opinion that the maintenance assessed by the trial court is liable to be enhanced. ..... the petitioner has placed on record annexure p-8, a document in regard to salary of the respondent-husband from april 2009 to march 2011. ..... counsel for the petitioner submits that the respondent-husband is drawing salary more than rs.60,000/- per month, as per copy of salary ledger for the financial years 2009-10 and 2010-11 (annexure p-8).it is argued that from august 2010 onwards, his salary has increased substantially which varies from rs.70,000/- to 90,000/-. ..... a perusal of annexure p-8 reveals that salary of the respondent-husband has increased substantially from august 2010 onwards. ..... , are made from his salary, therefore, there is no error or illegality in the orders impugned. .....
Tag this Judgment!Court : Punjab and Haryana
..... she is a journalist and has been appointed as protection officer under section 8 of the protection of women from domestic violence act, 2005. .....
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