Court : Punjab and Haryana
..... it is further stated that the petitioner has filed two proceedings namely (i) petition under section 12 of the protection of women from domestic violence act, 2005 and (ii) complaint case under sections 406/498-a ipc, which are pending at ludhiana. ..... , the divorce proceedings titled as amrik singh versus taranpreet @ gaganpreet kaur pending in the court of learned distt.judge, kapurthala is ordered to be withdrawn and transferred to the district courts, ludhiana for disposal in accordance with law from the stage of withdrawal. ..... even a single penny for the upkeep and ta 606/2012 (o&m) #2# maintenance of petitioner wife in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at kapurthala which is about 74 kms away from ludhiana. .....
Tag this Judgment!Court : Punjab and Haryana
..... instant petition, the petitioners seek quashing of criminal complaint no.51 dated 30.5.2009 u/s 12 of the protection of women from domestic violence act, 2005 ( for short 'the act').filed by the respondent. ..... has obtained a decree of divorce on 16.1.2013 (annexure p-3).i have heard counsel for the petitioners and i am of the opinion that the proceedings of the complaint under the act, are to be treated by the judicial magistrate in accordance with the procedure prescribed in the act and the protection of women from domestic violence rules, 2006 ( for short 'the rules).after having received a notice, the petitioners are required to appear before the magistrate. ..... heard counsel for the petitioners and i am of the opinion that as per the procedure prescribed in chapter iv of the act and the rules, the relief which can be sought from the magistrate under the act, could be right to reside in a shared house hold, protection orders u/s 18, residence orders u/s 19, monetary relief u/s 20, custody orders u/s 21 and compensation orders u/s 22 of the act. ..... going through the frame work of the act and the rules, it is apparent that the petitioners have got a remedy to seek adjudication of the controvers.that the respondent is not entitled to any residence or protection orders.monetary reliefs, custody orders or compensation orders.all the pleas, taken up before this court regarding maintainability of the proceedings, can very well be taken before the court of competent jurisdiction to defeat the .....
Tag this Judgment!Court : Punjab and Haryana
..... it is further stated that the petitioner-wife has filed three cases namely (i) fir no.661 dated 23.8.2012 at p.s sadar hisar (ii) a petition under section 12 of the protection of women from domestic violence act, 2005 and (iii) a petition under section 125 cr.p.c, which are pending in the courts at hisar. ..... district judge, karnal is ordered to be withdrawn and transferred to the district courts, hisar for disposal in accordance with law from the stage of withdrawal. ..... , has no source of income and she is fully dependent upon her parents and in these circumstances, it is difficult for the petitioner to attend the proceedings initiated by the respondent husband at karnal, which is about 150 kms away from hisar. ..... from the court of learned addl. ..... from the court of learned addl. .....
Tag this Judgment!Court : Punjab and Haryana
..... petitioners have filed this petition under section 482 of the code of criminal procedure, 1973 for quashing of the complaint no.23/09 dated 11.11.2008 under section 12 of protection of women from domestic violence act, 2005 ('act' for short) (annexure p-1) and all the subsequent proceedings arising therefrom. ..... complaint no.23/09 dated 11.11.2008 under section 12 of the act (annexure p-1) and all the consequential proceedings, arising therefrom, qua petitioner no.1, are quashed. .....
Tag this Judgment!Court : Punjab and Haryana
..... the petitioner has been directed to pay `10,000/- per month as maintenance in case under the protection of women from domestic violence act, 2005. ..... thus the total amount of maintenance to be paid by the petitioner is `10,000/- per month under the said act and `3,000/- per month under section 125 cr.p.c.keeping in view the salary of the petitioner, the said amount cannot be said to be excessive so as to call for interference in exercise of limited revisional jurisdiction. ..... impugned order of the family court does not suffer from any perversity, illegality or jurisdictional error. ..... respondent has filed petition under section 125 cr.p.c.claiming maintenance from the petitioner-husband. .....
Tag this Judgment!Court : Punjab and Haryana
..... , the petitioners have assailed the order dated 10.1.2013 passed by chief judicial magistrate, kaithal whereby the respondent has been awarded monthly maintenance @ rs.3,000/- from the date of institution of the application under section 23 of the protection of women from domestic violence act, 2005 as well as the custody of the minot child has been given to her, as also the order dated 20.2.2013 passed by learned additional sessions judge, kaithal whereby the order dated 10.1.2013 has been upheld, however, ..... therefore, from no stretc.of imagination, it can be appreciated that the maintenance granted to the respondent-wife is excessive from any angle. .....
Tag this Judgment!Court : Punjab and Haryana
..... no.9 of 2009 dated 2.2.2009 (annexure p-3) under section 12, 18, 19, 20, 21 of the protection of women from domestic violence act, 2005 and all the consequential proceedings, arising therefrom, are quashed. ..... have filed this petition under section 482 of the code of criminal procedure, 1973 for quashing of the complaint no.9 of 2009 dated 2.2.2009 (annexure p-3) under section 12, 18, 19, 20, 21 of the protection of women from domestic violence act, 2005 and all the subsequent proceedings arising therefrom. ..... these circumstances, continuation of proceedings against the petitioners under the protection of women from domestic violence act, 2005 would be nothing but abuse of process of law. ..... respondent failed to appear and ex parte decree of divorce was passed in favour of petitioner no.1 on 28.3.2009 (annexure p-2).the complaint in question has been filed by the respondent against the petitioners and others under section 12, 18, 19, 20, 21 of the protection of women from domestic violence act, 2005. ..... m-22751 of 2011 (o&m) -2 - of women from domestic violence act, 2005 is made out. ..... case of the petitioner was that the respondent had left the matrimonial home in may 2005 but had failed to return back to the matrimonial home thereafter. ..... filed a petition under section 9 of the hindu marriage act, 1955 ('act' for short) seeking a decree for restitution of conjugal ..... of passing of the decrees under section 9 and 13 of the act was noticed by the trial court while passing the order of maintenance. .....
Tag this Judgment!Court : Punjab and Haryana
..... -- vijender singh malik, j surinder kaur, the petitioner has brought this petition under the provisions of section 407 cr.p.c.with a prayer for transfer of petition filed under protection of women from domestic violence act, 2005, bearing no.3881 of 2011 from the court of shri ajit pal singh, civil judge (senior division).chandigarh before whom it is pending to a competent court at jalandhar. ..... in that event the applicant would have to travel from chandigarh to jalandhar to attend the hearing and the applicant being a woman who has claimed to have suffered domestic violence, the aforesaid harassment to her would not be justifiable. ..... it is mentioned therein that in view of the age and duties of the petitioner, as head of department of a college, it is very difficult for her to travel every time from jalandhar to chandigarh to attend the litigation before the trial court. ..... in these circumstances, i do not find any ground for transfer of the petition from the court at chandigarh to a court at jalandhar. ..... if the petitioner has to travel to attend the hearing from jalandhar to chandigarh, the situation would be the same for the other party if the case is transferred from chandigarh to jalandhar. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is further averred that that petitioner- wife has initiated proceedings under the protection of women from domestic violence act, 2005 at bathinda wherein the respondent- husband is already appearing. ..... 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 sirsa. ..... in view of the above, the present petition is allowed, the petition under section 9 of the hindu marriage act, 1955 titled as prem kumar versus sunita rani . ..... pending in the court of learned district judge, sirs.is ordered to be withdrawn and transferred to courts of competent jurisdiction at bathinda for disposal in accordance with law from the stage of withdrawal. ..... from the court of learned district judge, sirs.to the court of competent jurisdiction at bathinda. .....
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 .....
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