Court : Punjab and Haryana
..... complainant had been tolerating cruel behaviour of petitioner and other family members.she also filed a petition under section 12 of the protection of women from domestic violence act, 2005. ..... when petitioner-accused assured that he would not demand any dowry in future from the complainant, the said complaint was withdrawn by her. ..... complainant had been bearing all the acts of cruelty being committed upon her with the hope that things would change with the passage of time and, however, she was turned out of the matrimonial home alongwith her minot daughter just in ..... it has been contended by learned counsel for the petitioner- accused that he is ready to settle the matter with the complainant and that he also filed a petition under section 9 of the hindu marriage act for restitution of conjugal rights. ..... however, cruel acts of petitioner no.1 did not stop and she was turned out of the matrimonial home and not she alongwith her minot daughter is residing with her parents. .....
Tag this Judgment!Court : Punjab and Haryana
..... the trial court while taking into consideration the increase in salary of the petitioner-wife as admitted by her in the statement made in the proceedings under section 12 of the protection of women from domestic violence act, 2005 has reduced the maintenance pendente lite, but the court has not taken into consideration the rise in prices, day-to- day cost of living and expenses which are to be borne by the petitioner on education of the ..... dated 12.10.2009 whereby petitioner-wife was awarded maintenance pendente lite to the tune of ` 5,000/- per month, is restored, with the modification that the said amount shall be paid from the date of filing of application under section 24 of the act instead the date of passing of order i.e.12.10.2009. ..... brief facts of the case are that the petitioner-wife filed application under section 13 of the hindu marriage act (in short the act').during the pendency of the said petition, an application under section 24 of the act was filed by the petitioner. ..... pendente lite has been reduced from ` 5,000/- to ` 4,000/-. ..... the deficient amount shall be paid by the respondent within three months from today. ..... thereafter, vide impugned order, on the application moved by the respondent-husband for rescinding the order dated 12.10.2009, the maintenance pendente lite has been reduced to ` 4000/- from ` 5000/-. .....
Tag this Judgment!Court : Punjab and Haryana
..... she also filed a petition under section 12 of the protection of women from domestic violence act, 2005. ..... so far as argument of learned counsel for the petitioner that act of sexual intercours.was committed without her consent is concerned, the same also cannot be accepted as it has been rightly observed by learned additional sessions judge that bare perusal of section 376 ipc shows that sexual ..... it is also contended that act of sexual intercours.was committed with her by respondent-accused without her consent and hence, offence under section 376 ipc is made out. .....
Tag this Judgment!Court : Punjab and Haryana
..... due to some matrimonial dispute between the parties, surbhie kapoor has filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (the act for short) against her husband and his parents. ..... the court of appeal, vide impugned order dated 11.9.2012, reduced the quantum of maintenance from ` 50,000/- to ` 25,000/-. .....
Tag this Judgment!Court : Punjab and Haryana
..... of the controversy, it is pertinent to mention that the trial court has assessed maintenance payable to the respondent-wife and minot daughter of the parties, as an interim measure, pending the decision of proceedings under sections 17/18/19/20 and 23 of the protection of women from domestic violence act, 2005. ..... it is a question of fact to be adjudicated upon after parties lead evidence, if respondent no.1 is guilty of withdrawing from the society of her husband. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is alleged that the petitioner is residing separately at her parental home at jalandhar, where she has filed two proceedings namely (i) fir under sections 406/498-a ipc and (ii) petition under ta 546/2012 (o&m) #2# section 12 of the protection of women from domestic violence act, 2005. ..... in view of the above, the present petition is allowed, the petition under section 9 of the act titled parminder singh versus mandeep kaur from the courts at mukerian, district hoshiarpur is ordered to be withdrawn and transferred to the district courts, jalandhar for disposal in accordance with law from the stage of withdrawal. ..... ) for restitution of conjugal right, titled parminder singh versus mandeep kaur from the courts at mukerian to the court of competent jurisdiction at jalandhar. ..... it is further stated 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 of learned addl. ..... that the petitioner is employed as ett teacher serving in a govt school at jalandhar and in these circumstances, it is difficult for her to attend the proceedings initiated by the respondent husband at mukerian, district hoshiarpur which is about 60 kms away from jalandhar. ..... jaswant singh,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
..... as per the facts of the above said case, the application under section 12 of the protection of women from domestic violence act, 2005, is not maintainable after husband and wife obtained divorce by mutual consent. ..... in the facts of the present case, even though the petitioner has been granted divorce on 28.01.2011 but the application under section 12 of the protection of women from domestic violence act, 2005 is filed on 9.6.2009, the application is maintainable. ..... 07.26 10:19 i attest to the accuracy and from domestic violence act. ..... therefore, they could not live together and she was turned out of her matrimonial home on 20.02.2009 and petitioner has filed a complaint under section 12 of the protection of women crl. ..... however, at this stage, counsel for the petitioner restricts his prayer for maintenance from date of filing of the present application till the date when she has been granted crl. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is averred that petitioner-wife has filed proceedings under section 12 of the protection of women from domestic violence act, 2005 as well as under section 125 of the cr.pc for grant of maintenance for herself and for the minot daughter at karnal. ..... it is further averred that it is very difficult for the petitioner- wife to pursue her case at jind which is at a distance of 90-100 kms from karnal as there being no male member to accompany her to jind. ..... (oral) petitioner wife has filed the present transfer application under section 24 of the code of civil procedure for the transfer of divorce proceedings under section 13 of the hindu marriage act, 1955 initiated by respondent-husband titled as devender singh versus manju . ..... in view of the above, the present petition is allowed, the petition under section 13 of the hindu marriage act, 1955 titled as devender singh versus manju . ..... pending in the court at jind 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. ..... to harass the petitioner-wife and as a counter blast, respondent mahajan vinay 2013.07.20 14:33 i attest to the accuracy and integrity of this document at chandigarh ta no.84 of 2013(o&m) #2# husband has filed the proceedings under section 13 of the hindu marriage act at jind. ..... from the court at district jind to the court of competent jurisdiction at karnal. .....
Tag this Judgment!Court : Punjab and Haryana
..... filed under section 482 of the code of criminal procedure for quashing of fir no.111 dated 06.06.2010 (annexure p-1) under sections 494, 323, 506 read with section 34 of indian penal code and sections 3 and 4 of the protection of women from domestic violence act, 2005 registered at police station a division, amritsar, and all other consequential proceedings arising therefrom on the basis of compromise, annexure p-2, having been entered between the parties. ..... in nature which has been settled due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned fir no.111 dated 06.06.2010 (annexure p-1) under sections 494, 323, 506 read with section 34 of indian penal code and sections 3 and 4 of the protection of women from domestic violence act, 2005 registered at police station a division, amritsar alongwith all consequential proceedings qua petitioner ..... stated by learned counsel for the parties that crm m-40722 of 2012 -2- dispute between the parties was matrimonial in nature and the same has since been settled due to intervention of respectable persons and relatives from both the sides. .....
Tag this Judgment!Court : Punjab and Haryana
..... filed by the husband, in view of the pendency of the criminal proceedings under sections 406/498-a/420 ipc and the proceedings under section 125 cr.pc as well as complaint under the protection of women from domestic violence act,2005, at pehowa, husband has filed a second petition under section 9 of the hindu marriage act at garhshankar to harass the wife. ..... sought is that the wife does not have sufficient means and has to maintain a minot son and thus it is extremely inconvenient for her to travel 200 kilometers from pehowa to garhshankar by changing various buses to pursue the aforesaid section 9 petition, whereas no prejudice would be caused to the husband who is already facing three ..... application under section 24 cpc seeking transfer of petition under section 9 of the hindu marriage act, filed by the respondent husband from the court of additional civil judge (senior division).garhshankar to the court of competent jurisdiction at ..... petition is allowed, the petition under section 9 of the hindu marriage act titled varinder ta 573/2012 4 kumar v rekha, pending in the court of additional civil judge (senior division) garhshankar is ordered to be withdrawn and transferred to the court of competent jurisdiction at pehowa for disposal in accordance with law from the stage of withdrawal. ..... , where she is residing at her parental home since 2007 and as a counter blast the husband filed a petition for restitution of conjugal rights under section 9 of the hindu marriage act at garhshankar. .....
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