Court : Delhi
..... that the order passed by the family court under section 24 of hma will not stand in the way of the appellant/husband raising all grounds available to him in other proceedings including proceedings pending under the protection of women from domestic violence act, 2005 and under section 125 of the code of criminal procedure.14. ..... the family court has taken into consideration that the appellant/husband is running a business of selling automobile parts from oberoi market, kashmere gate and has concealed his income. ..... the family court has awarded the maintenance in the sum of rs.8,000/- to the wife and rs.4,000/- to the minor son from the date of the filing of the application.7. ..... the challenge in this appeal is to the order dated 04.09.2018 passed by the principal judge, family courts, karkardooma courts, delhi whereby an application filed by the respondent/wife under section 24 of the hindu marriage act, 1955 (hereinafter referred to as hma ) mat.app.(f.c. ..... the copy of the statement of account of respondent of sbi from 31.10.2015 mat.app.(f.c. .....
Tag this Judgment!Court : Delhi
..... the petitioner seeks quashing of complaint case no.461/1/15 under sections 12/18/19/20/of protection of women from domestic violence act, 2005, police station vikas puri.2. ..... complaint case no.461/1/15 under sections 12/18/19/20/of protection of women rrom domestic violence act, 2005, police station vikas puri and the consequent proceedings emanating there from are quashed.8. .....
Tag this Judgment!Court : Delhi
..... it may be added here that the petitioner had also simultaneously approached the criminal court with a petition under section 12 of protection of women from domestic violence act, 2005. ..... the first information report (fir) no.85/2012 was registered on 12.03.2012 by police station vijay vihar on the complaint of the petitioner, she leveling allegations against her husband, the second respondent, of he having committed certain acts of commission and omission constituting offences punishable under sections 498- a/4on indian penal code, 1860 (ipc). ..... (vii) if two views are possible and one of them gives rise to suspicion only, as distinguished from grave suspicion, the trial judge will be empowered to discharge the accused and at this stage, he is not to see whether the trial will end in conviction or acquittal. ..... on the contrary, she has clearly stated the circumstances constituting acts of commission or omission which render it a case of cruelty within the meaning of the expression used in section 498-a ipc.9. ..... (iii) the court cannot act merely as a post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court, any basic infirmities, etc. ..... no.4588/2015 page 4 of 6 several times, picking up quarrels and extending threats to kill her and take away the child of the parties forcibly from her.6. .....
Tag this Judgment!Court : Delhi
..... instituted proceedings against the petitioner and his parents by filing a petition (cc no.229/1/2010) in the court of metropolitan magistrate under section 12 of protection of women from domestic violence act, 2005 (for short, the dv act) seeking various reliefs including protection orders under section 18 and an order as to right to residence under section 19 besides other monetary reliefs. ..... case that the parties were married to each other on 14.10.2007 as per hindu rites and customs, the relations having turned sour which, as per the case of the respondent (wife), on account of domestic violence , the parties living separately. ..... of the petitioner, as also of his parents, in contest to the main petition under section 12 of dv act, that the residential flat mentioned above, is owned by his father (also a respondent before the metropolitan magistrate). ..... certain relevant documents to be summoned from certain quarters to sub-serve the interest of justice, the documents including loan application made by the husband in july, 2007 to axis bank, the account statements of the bank accounts of the husband and of his father and mother (respondents in the dv act petition) as maintained with seven specified ..... in the context of right to residence by the main petition under section 12 of the dv act, the respondent (wife) has prayed for direction to the petitioner (husband) to provide to her a three room set accommodation in south delhi for her unhampered and continuous use, it being prayed, .....
Tag this Judgment!Court : Delhi
..... instituted proceedings under the protection of women from domestic violence act, 2005 against her in laws. ..... the enactment being a social legislation and the same requires limited challenge to is the jurisdiction of lpa5372018 page 11 of 20 to be given liberal interpretation to achieve the mandate of the act of 2007 i.e for the welfare of the parents and senior citizens and for the protection of their life and property, there is no doubt that the tribunal does have the jurisdiction to direct vacation by the children of any property in which the senior citizen has ..... petition filed by dhani ram for eviction was not maintainable as dhani ram had not sought for any relief of maintenance under section 4 of the maintenance and welfare of parents and senior citizens act, 2007 (hereinafter referred to as act of 2007) and that getting rent from the shops on ground floor of the property, he did not require any maintenance and as such the claim for eviction without maintenance was not maintainable.4. ..... at the cost of repetition, we may state here that having regard to the object of the act (i) the term transfer shall include actual transfer of title or ownership; the act of allowing possession of property / allowing stay in the property or in part of property from which the senior citizen / parents can earn income to maintain themselves and (ii) similarly the term transferee shall mean the children / legal heir in whose favour the property, is transferred or is in possession of or are .....
Tag this Judgment!Court : Supreme Court of India
..... suffice it to say, it is different from an offence committed under section 498-a or any violation of the protection of women from domestic violence act, 2005 or, for that matter, the protection conceived of under section 125 of the code of criminal procedure 52 or sections 306 or ..... in the protection of women from domestic violence act, 2005. ..... concerning inheritance and in the protection against domestic violence. ..... to underscore that this judgment does not question the authority and even the duty of the state to protect the fundamental rights of women from being trampled upon in unequal societal structures. ..... the exemption granted to women from criminal sanctions as a special provision for the benefit of women and thus, protected under article 15(3) of ..... balance between the competing interests of protecting privacy as well dignity of women in the domestic sphere, the court held: the challenge in this area is to enable the state to take the violation of the dignity of women in the domestic sphere seriously while at the same time protecting the privacy entitlements of women grounded in the identity of gender ..... broader issues such as whether (i) the punishment for adultery violates article 21; (ii) the statutory provision suffers from manifest arbitrariness; (iii) the legislature has, while ostensibly protecting the sanctity of marriage, invaded the dignity of women; and (iv) section 497 violates article 15(1) by enforcing gender stereotypes were neither addressed before this court nor .....
Tag this Judgment!Court : Delhi
..... seeks quashing of fir no.236/2013 under sections 498a/4ipc registered at ps sagarpur, new delhi and the proceedings pursuant thereto and also to declare the proceedings under section 12 of the protection of women from domestic violence act, 2005 (in short pwdv act ) in complaint case no.4996596/2016 at ps dabri as infructuous.2. ..... any undertaking given by a party before a court to file a second motion under section 13b(2) or at the section 13b(1) stage or in any separate court proceedings, its right to rethink/renege under section 13b(2) of the act, cannot be waived for the reason that such a waiver is prescribed by the statute that keeps a window open for the parties to withdraw their consent at any stage till the decree of divorce is finally granted. ..... the complainant ms.geeta pandey shall withdraw her petition u/s 12 of dv act pending before ms.charu gupta, mm, dwarka, delhi immediately after recording of statement in the second ..... for second motion for divorce by mutual consent within two months of the expiry of six months from the date of order in the first motion petition.5. ..... , division bench of this court answered the following questions of law framed by the learned single judge: question (b): whether by undertaking before a court to file a second motion under section 13b(2) of the act, 1955 at section 13b(1) stage or by giving an undertaking to a court to that effect in a separate court proceedings, a party waives its right to rethink/renege under 13b(2) of the act, 1955?. .....
Tag this Judgment!Court : Delhi
..... on the petition (cc no.v-313/13) of the first respondent presented before the metropolitan magistrate under section 12 of the protection of women from domestic violence act, 2005 (for short, domestic violence act ), proceedings were taken out leading to the judgment dated 30.10.2014 being passed in terms of which the petitioner was burdened with the responsibility to pay compensation in the sum of rs.5,000/- and maintenance allowance in the sum of ..... from this, it also naturally follows that the petitioner had due notice and knowledge of the proceedings arising out of the petition under domestic violence act before the metropolitan ..... petitioner, inspite of notice, failed to appear or to contest the petition under the domestic violence act by way of pleadings or evidence. ..... parte evidence led by the second respondent that the impugned judgment of the metropolitan magistrate was rendered, it having been found that the first respondent is the legally wedded wife of the petitioner, her case of domestic violence at his hand leading to the monetary relief in the nature of maintenance, compensation and right to residence being accepted.6. ..... perusal of the record would show that on 31.07.2013, the first respondent had entered appearance through counsel who had sought time from the metropolitan magistrate to file written submission. ..... from this, it has to be inferred that the advocate would have appeared on being instructed to do ..... from the date of the filing of the said petition till the crl. .....
Tag this Judgment!Court : Delhi
..... on the petition (cc no.1544/3/2013) presented by the complainant under section 12 of protection of women from domestic violence act, 2005 (for short, the domestic violence act), proceedings have been initiated against the petitioner in the court of metropolitan magistrate with prayer for various reliefs in the nature of protection order (under section 18), residence order (under section 19), monetary reliefs (under section 20), custody order (under section21) and ..... the relationship between the parties not being in the nature of domestic relationship within the meaning of expression used in section 2(f) domestic violence act, the petition before the court of magistrate cannot be maintained, the proceedings arising therefrom against ..... going by her own averments in the petition under domestic violence act, she was, at the relevant point of time, thirty two years old dynamic woman and successful marketing and communications professional employed with ..... 2010) 10 scc469to argue that the petition under the domestic violence act could not be maintained against him by the crl ..... as per the case set out in the domestic violence act petition, the relationship between the parties soured, for some time, the petitioner having tendered profuse apologies to her and she eventually having calmed down and accepted the position ..... no doubt the view we are taking would exclude many women who have had a live-in relationship from the benefit of the 2005 act, but then it is not for this court to legislate .....
Tag this Judgment!Court : Delhi
..... that is that she had come back to the matrimonial home on 19.08.2009 and had entered the house using her own keys finding her valuable articles missing, she having later filed a complaint under protection of women from domestic violence act, 2005, which is pending. ..... it is further their case in the fir that upon their return from usa, they found the third petitioner living in their house along with her parents. ..... the background facts, as may be culled out from the fir, read alongside the petition at hand, would show mr. ..... it is the further case of the petitioner that the third petitioner had come to the matrimonial home on 18.08.2009, but she had to return to her parental home as she had forgotten to bring her keys from there. ..... from this, it could be inferred that for some period prior to 18.08.2009 she had been living with her parental family and not in the house of the second and third respondents.5. .....
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