Court : Punjab and Haryana
..... (oral) the conspectus of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that, initially raj rani (respondent-wife) has instituted a complaint against her husband petitioner harinder pal alias harvinder pal under section 12 of the protection of women from domestic violence act, 2005 (hereinafter to be referred as the act .). ..... as is evident from the record that the trial court has granted interim maintenance and shared household to the respondent-wife, by means of impugned order dated 23.5.2009 (annexure p1), whereas petitioner-husband has filed the appeal (annexure p3) on 7.9. ..... aggrieved thereby, the petitioner-husband has filed the time barred appeal along with an application for condonation of delay of 16 months u/s 5 of the limitation act, 1963. ..... thus, the delay cannot be condoned in filing the appeal because the appellant crr no.3282 of 2011 (o&m) 3 has failed to show any sufficient cause within the ambit of section 5 of the limitation act. .....
Tag this Judgment!Court : Punjab and Haryana
..... it is averred that the petitioner wife has filed a petition under section 12 of the protection of women from domestic violence act, 2005, which is pending in the court of learned jmic, bathinda and the respondent has already caused appearance in ..... after hearing learned counsel for the petitioner and taking into account the fact that the petition filed by the petitioner-wife under domestic violence act is already pending at bathinda, i find that the grounds set out in the petition are sufficient to allow the petition as it is well settled that in matrimonial proceedings initiated by the husband against wife, convenience of wife must ..... the above, the present petition is allowed, the petition under section 9 of the act, titled gurdas monga versus simran from the court of learned civil judge (sr.division).mansa is ordered to be withdrawn and transferred to the district courts, bathinda for disposal in accordance with law from the stage of withdrawal. ..... ) for restitution of conjugal right, titled gurdas monga versus simran from the court of learned civil judge (sr.division).mansa to the court of competent ..... 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 at mansa. ..... 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
..... 4.2012 under sections 406,498-a,323,506 and 34 ipc,ps karnal city and a complaint under the protection of women from domestic violence act,2005. ..... jaswant singh,j(oral).the wife is seeking transfer of the petition filed by the respondent husband under section 9 of the hindu marriage act,1955 (for short the act) for restitution of conjugal rights before the learned family court at hisar to a court of competent jurisdiction at karnal. ..... kiran saini pending in the court of distt.judge (family court)hisar is ordered to be withdrawn and transferred to the court of competent jurisdiction at karnal for disposal in accordance with law from the stage of withdrawal. ..... in view of the above, the present petition is allowed, the petition under section 9 of the hindu marriage act,1955 titled as vijender saini v. .....
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..... petitioners have filed this petition under section 482 of the code of criminal procedure, 1973 ('cr.p.c' for short) for quashing of the complaint case no.372/2/09 dated 17.8.2009 along with form-i under section 12 of the protection of women from domestic violence act, 2005 ('act' for short) (annexure p-7) as well as notice dated 3.11.2009 issued under section 12 of the said act. ..... (6) 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. ..... not m-31929 of 2009 (o&m) -6 - 12 of the act (annexure p-7) and all the consequential proceedings, arising therefrom, qua petitioners no.2 and 3, are quashed. ..... the complaint under the act was filed in april 2009. ..... court 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. ..... in the present case, respondent has filed the complaint under section 12 of the act annexure p-7. .....
Tag this Judgment!Court : Punjab and Haryana
..... respondent has filed a complaint under the protection of women from domestic violence act, 2005. ..... the same is awarded to the petitioner and her minot son from the date of filing of application under section 23 of the d.v.act. .....
Tag this Judgment!Court : Punjab and Haryana
..... as per him, the only ground for quashing of the complaint taken is that the alleged offence under the protection of women from domestic violence act, 2005 occurred before the enactment and, therefore, the complaint was not maintainable. ..... in our view, the delhi high court has also rightly held that even if a wife, who had shared a household in the past, but was no longer doing so when the act came into force, would still be entitled to the protection of the pwd act, 2005. ..... we agree with the view expressed by the high court that in looking into a complaint under section 12 of the pwd act, 2005, the conduct of the parties even prior to the coming into force of the pwd act, could be taken in to consideration while passing an order under sections 18, 19 and 20 thereof. .....
Tag this Judgment!Court : Punjab and Haryana
..... ultimately the petitioner was turned out of the matrimonial home on 20.3.2012 and since then she is residing at her matrimonial home at gurgaon where she filed a complaint under the protection of women from domestic violence act,2005 which is pending before the illaqa magistrate,gurgaon. ..... it is alleged that in order to harass the petitioner, not respondent has filed the aforesaid petition under section 9 of the act at ludhiana, which is at a distance of about 400 kilometers and the petitioner neither possess sufficient means to travel such a distance not is it safe to do so. ..... in view of the above, the present petition is allowed, the petition under section 9 of the act filed by respondent husband is transferred from the court of ms.monika chauhan, civil judge (jr.div. ..... for the petitioner none for the respondent jaswant singh,j(oral).petitioner wife has filed the present transfer application under section 24 cpc for the transfer of petition under section 9 of the hindu marriage act,1955 (for short the act) filed by respondent husband from ludhiana to gurgaon. .....
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..... (oral) present petition has been filed under section 482 cr.p.c.for quashing of fir no.75 dated 30.6.2007, registered under sections 498- a/406 ipc and sections 5/31 of the protection of women from domestic violence act, 2005 at police station verowal, district tarn taran, and all the subsequent proceedings arising therefrom, on the basis of compromise dated 5.7.2012 (annexure p-2).learned counsel for the petitioners states that the entire payment has ..... fir no.75 dated 30.6.2007, registered under sections 498-a/406 ipc and sections 5/31 of the protection of women from domestic violence act, 2005 at police station verowal, district tarn taran, is hereby quashed and all the criminal proceedings arising out of the said fir also stand quashed. ..... not m-27328 of 2012 -2- accused and he is not likely to support the prosecution and from other facts and circumstances available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the fir on the ground that it would amount to be permitting the parties to compound non- ..... learned counsel for respondents no.2 and 3, on instructions from the complainant/respondents no.2 and 3, states that complainant would have no objection, if the present fir along with consequential proceedings, arising out of it, are quashed. .....
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..... (oral) the present petition under section 482 of the code of criminal procedure is for quashing of criminal complaint no.137 of 24.10.2011, titled as 'parkash rani versus sunil kapoor', under section 12 of the protection of women from domestic violence act, 2005, pending in the court of judicial magistrate firs.class, ludhiana. ..... the sole argument raised by the learned counsel for the petitioners is that the ingredients of the domestic violence . .....
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..... this petition has been filed under section 482 of the code of criminal procedure, 1973 (cr.p.c.for short) for quashing of criminal complaint no.33 dated 19.5.2012 under section 12 of the protection of women from domestic violence act, 2005 (annexure p-1) and all the subsequent proceedings arising therefrom. ..... petitioner maltreated the respondent and asked her to bring more dowry from her parents. ..... was again given severe beatings by the petitioner and the matter was again reported to his superior officers.on 15.6.2003, petitioner again picked up a quarrel with the respondent with regard to the articles brought by her from america. .....
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