Court : Rajasthan Jodhpur
..... brought to our notice that the appellant-wife has filed an application u/sec.12 of the protection of women from domestic violence act, 2005 before the court of judicial magistrate no.2, kota (south) wherein after the parties being heard ..... vide judgment dated 12.10.2012 and arrived to a conclusion that the appellant-wife has failed to prove that it is a case of mental cruelty on the part of respondent-husband and observed that from the evidence of aw-1 monika @ mona, she failed to establish matrimonial cruelty being committed on her by the husband-respondent and still recorded that there is no possibility of resuming their matrimonial relations ..... there is an irretrievable break down of marriage but declined to grant decree of divorce as not contemplated u/sec.13 of the act and left it open to be examined by this court and in this context, we would like to observe that the apex court has emphasised the need for a shift in the matrimonial law from the search for guilt to an acceptance of the eventuality and fact of death of marriage. ..... violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act ..... , kota dated 29.05.2013 is quashed and set aside and the appellant-wife deserves indulgence for grant of decree of divorce u/sec.13 of the hindu marriage act and the marriage between the spouses solemnized on 16.05.2005 is hereby dissolved. .....
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..... it is further indicted that already proceedings under section 498-a cr.p.c.and the proceedings initiated by her under the provisions of protection of women from domestic violence act, 2005 are also pending at bundi and, therefore, the proceedings initiated by the respondent for declaration of dissolution of marriage, be transferred to the family court, bundi. ..... ; the frequency of buses from bundi to jodhpur is low and, therefore, she is required to stay at jodhpur overnight. .....
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..... it is, inter alia, indicated in the application that on account of matrimonial disputes, the petitioner initiated proceedings by way of filing fir at jodhpur, application under section 23 of protection of women from domestic violence act, 2005 and proceedings under section 125 cr.p.c. .....
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..... 498(a).406, 120-b, 354, 323, 109, 312 ipc were initiated by the petitioner, application under section 125 cr.p.c.was filed by her before the family court, churu and another proceeding under provisions of the protection of women from domestic violence act, 2005 was initiated which are pending at sujangarh, however, subsequent thereto the respondent-husband has initiated proceedings for dissolution of marriage by filing application before the family court, bikaner. ..... petitioner reiterated submissions made in the petition and further submitted that as other proceedings are already pending at sujangarh/churu, which the respondent is required to attend, it would be appropriate that the present proceedings are transferred from bikaner to the family court, churu. .....
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..... , the said proceedings are pending before the family court i, jodhpur and another proceedings under the protection of women from domestic violence act, 2005 are also pending before the jurisdictional criminal court at jodhpur. ..... 2 the present petition under section 6 readwith sections 7 and 13 of the hindu minority & guardianship act, 1956 and section 25 of the guardian & wards act, 1890 has been filed at udaipur by the respondent and the petitioner being a lady is required to travel to attend the hearing at udaipur alongwith the children which involves time as well as expenditure, which is difficult for her to .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... it is, inter alia, submitted in the petition that the petitioner has filed two criminal cases against the respondent under sections 498a and 406 ipc and a case under section 12 and 23 of the protection of women from domestic violence act, 2005 ('the domestic violence act') at jodhpur and, subsequent thereto, the present petition under section 13 of the hindu marriage act, 1955 ('the act') has been filed at family court, churu. ..... it is submitted by learned counsel for the respondent that the proceedings under the domestic violence act already stands 2 withdrawn. ..... however, as decree under section 9 of the act has already been passed in favour of the respondent, the respondent has no objection if the proceedings are transferred to family court, jodhpur, however, a direction to deal/decide the matter expeditiously may be made. .....
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..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman who despite ..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected.18. ..... for the reasons given in the preceding paragraphs, i am of the considered view that a petition under the provisions of the protection of women from domestic violence act, 2005 is maintainable even if the acts of the domestic violence have been committed prior to coming into force of the act or despite her having in the past lived together with the respondent a shared household woman is no more living with him, at the time of coming into force of the act. .....
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..... ) & judicial magistrate, jodhpur district, jodhpur by which he has rejected the application of the petitioner under section 23 of the protection of women from domestic violence act for granting the maintenance allowance and other relief. ..... learned counsel for the petitioner raised two prayers before the trial court in the proceedings under the domestic violence act, 2005. .....
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..... accordingly, the application under the protection of women against domestic violence act, 2005 was dismissed by the trial court. ..... the facts in short are that the respondent had filed an application before the trial court on 21.8.2009 under section 12 read with sections 18.19,20 and 22 of protection of women against domestic violence act, 2005. ..... aggrieved, he moved an application before the court praying that no cognizance can be taken under the said act as the act was enacted in the year 2005 and made 2 effective in the year 2006 whereas the present application was moved on 21.8.2009. ..... the orders dated 3.12.2010 and 29.4.2010 are set aside with liberty that in case the petitioner moves an appropriate application raising objections on merits within a period of three weeks from today, the trial court shall decide the same afresh after hearing both the parties in accordance with law. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... on the universal declaration of human rights and the article 33 of the united nations convention on the status of refugees, held that the protection of human life and liberty is available to refugees, if his activities are not prejudicial to the law and order or security of the ..... bail application no.8610/2013 (2) if the court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: provided that ..... sections 342, 376, 354(a), 506 and 509/34 of ipc and section 23, 26 of juvenile justice (care and protection of children) act 2000 and section 8 of protection of children from sexual offences act, 2012. ..... medical justice for the bhagalpur blinded victims, rehabilitative justice to the communal violence victims and compensatory justice to the union carbide victims are examples of this liberal package of reliefs and remedies ..... statement of objects and reasons of the scheme read as under : the hon ble supreme court in delhi domestic working women s forum vs. ..... state of rajasthan decided on 01st june, 2005 - rlw20052) raj 1385, took suo moto notice and had given directions to evolve a scheme for providing compensation ..... - 120 (2005) dlt213 a single judge of the high court has held as .....
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