Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Supreme Court of India
..... the definition of the domestic violence in the protection of women from domestic violence act, 2005 contemplates harm or injuries that endanger the health, safety, life, limb or well- being, whether mental or physical, ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a ..... we, therefore, hold that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under section 498a ..... significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had ..... the impact on the mental health of the wife by overt acts on the part of the husband or his relatives; the mental stress and trauma of being driven away from the matrimonial home and her helplessness to go back to the same home for fear of being illtreated are aspects that cannot be ignored while understanding the meaning of the expression cruelty .....
Tag this Judgment!Court : Delhi
..... (petition no.63/2014) and a case under the protection of women from domestic violence act, 2005 (case no.7186/2016) crl. m.c. ..... strictly speaking, the power of compounding of offences given to a court under section 320 is materially different from the quashing of criminal proceedings by the high court in exercise of its inherent jurisdiction. .....
Tag this Judgment!Court : Delhi
..... and section 12 of protection of women from domestic violence act, 2005 which had been preferred by the second respondent ..... and protection of women from domestic violence act, 2005 were withdrawn and disposed of accordingly, the first petitioner did not discharge his obligation towards the criminal complaint case no.3595/9/2011 and the criminal case arising out of fir no.70/2013, both pending in ..... and another petition under section 12 of protection of woman from domestic violence act, 2005 which were pending at the relevant point of time before the metropolitan ..... the entitlements of respondent and the minor son vaibhav whatsoever including claims in respect of dowry articles, maintenance, right of the child in the properties, if any percolating from petitioner and his ancestors, etc. ..... thought has been spared to his right to maintenance from his father. ..... from the above, it is the submission of the second respondent that since the first petitioner has not abided by his part of the bargain, he cannot be allowed to take advantage of part of the terms of the settlement to insist on quashing ..... was further agreed that the parties will withdraw their respective petitions under sections 11, 12 and section 13 of hindu marriage act, crl. m.c. ..... from the pleadings and the documents on record, particularly the copy of the mediation settlement dated 30.01.2014 on which the petitioners place prime reliance, it is noted that on account of matrimonial dispute the parties became involved in a number .....
Tag this Judgment!Court : Delhi
..... suit property is not the shared household of the defendant as defined under section 2(s ) of the protection of women from domestic violence act, 2005 and the defendant has no statutory right to reside in the suit property contrary to the wishes and desire ..... and denied that the suit property is not a shared household in terms of section 2(s) in terms of the protection of women from domestic violence act, 2005. ..... the written statement the defendant denies that the present suit property is not a shared household in terms of section 2(5) of the protection of women from domestic violence act ..... defendant filed various cases against her ex-husband under the domestic violence act and also got registered an fir under sectionsand also got her ex husband arrested in the aforesaid fir and pursuant thereto a settlement was executed vide settlement deed dated 26.11.2009 before the delhi high court mediation & conciliation centre, wherein the defendant took an alimony of rs.36,50,000/- from her ex-husband and pursuant thereto the divorce by ..... , needs to be now mentioned especially after passing of the benami transaction (prohibition) act, 1988 (hereinafter referred to as the benami act ) and which act states that property in the name of an individual has to be taken as owned by that individual and no claim to such property is maintainable as per section 4(1) of the benami act on the ground that monies have come from the person who claims right in the property though title deeds of the property are .....
Tag this Judgment!Court : Delhi
..... order (oral) in proceedings under the protection of women from domestic violence act, 2005 (hereinafter referred to as pwdv act ), trial court vide order of 2nd march, 2017, has dismissed petitioner s application for striking off respondent s defence by observing that non-payment of maintenance/arrears of maintenance cannot be a ground to do so ..... 3052/2017 page 2 of 5 arrangement has not been made to operate during the pendency of the proceedings under the protection of women from domestic violence act, 2005. ..... during the course of hearing, it was put to respondent s counsel that the compliance of maintenance order can be made by directing his employer to deduct 50,000/- per month from respondent s salary and out of it 25,000/- can be adjusted towards current monthly amount of maintenance and remaining 25,000/- would be adjusted towards the arrears of maintenance. ..... the stand of respondent that he is paying maintenance from time to time as per his capacity cannot be appreciated, as the salary slip of respondent reveals that he is making substantial deduction towards epf and under other heads and that he is getting gross salary of about 1,00,000/- per ..... court vide impugned order of 14th july, 2017, has rightly observed that the defence can be struck down in proceedings under the aforesaid act, as counsel for respondent crl.m.c. ..... 50,000/- from the respondent s salary every month, and the arrears would be recovered over some period of time, in my view, it would not be appropriate the .....
Tag this Judgment!Court : Delhi
..... , 2014 (213) dlt611 and attention of this court was invited to para 43 of the said judgment, that a right of residence under the protection of women from domestic violence act, 2005 can also be claimed against the relatives of the husband, and that the respondent no.1/plaintiff being the brother-in-law of the appellant/defendant no.2, was a relative of the husband ..... circumstances her right to residence in the suit property cannot be denied, and as regards issues of title, we have already observed that the right of residence under the protection of women from domestic violence act, 2005, the same would have no bearing. ..... both the defendants in the suit, including the appellant who is the defendant no.2, sought permission to stay in one room on the first floor of the suit property from the respondent no.1/plaintiff, and accordingly, a temporary license was granted to the appellant/defendant no.2 and the respondent no.rfa no.107/2019 page 2 of 10 2/defendant no.1 to stay in the suit property and to shift as soon as an alternate arrangement of ..... mahajan (smt) and another, rfa no.107/2019 page 5 of 10 (2005) 11 scc279 that an admission can even be inferred from the facts and circumstances of the case i.e. ..... 2019 page 1 of 10 the suit that the respondent no.1/plaintiff was the owner of the property purchased in terms of a sale deed registered with the sub- registrar on 12.12.2015 and the owner is thus entitled to possession from the appellant/defendant no.2 who was a gratuitous licensee.2. .....
Tag this Judgment!Court : Delhi
..... 389/2019 in proceedings under the protection of women from domestic violence act, 2005 (hereinafter referred to as pwdv act), trial court vide order of 16th may, 2016 has held that petition filed by respondent- applicant under the aforesaid enactment is maintainable and it is within the limitation, while observing that the last incident of domestic violence crl.m.c. ..... upon hearing and on perusal of the impugned order, i find no error in the impugned order requiring interference of this court while invoking extraordinary inherent jurisdiction of this case under section 482 of cr.p.c as last incident of domestic violence is of september, 2012 and petition filed in december, 2012 is apparently within limitation. ..... 389/2019 page 1 of 2 is of 28th september, 2012 and petition under the pwdv act had been filed on 3rd december, 2012. .....
Tag this Judgment!Court : Delhi
..... she was eventually constrained to file a petition (petition no.912/3/2011) under section 12 of protection of women from domestic violence act, 2005 in the court of metropolitan magistrate.2. ..... the claim of the petitioner that the first respondent is earning her livelihood from work in a parlour is founded on some photographs showing her presence at a certain place. ..... it is clear and is evident from the order of the sessions that the petitioner is concealing facts, intentionally withholding information about his income. ..... the petitioner claims that he is non-matriculate and has no source of income, he having been engaged in earning his livelihood as a driver of three wheeler scooter (tsr) till 2006, cannot be acted upon. ..... from out of the said wedlock, the second respondent took birth, she being a minor child in the care and custody of the first respondent. .....
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