Court : Delhi
..... the petitioners are before the court of metropolitan magistrate as second and third respondents in the case (cc no.1321/1/2012) instituted by the first and second respondents herein invoking the provision contained in section 12 of protection of women from domestic violence act, 2005. ..... no.4352/2015 page 2 of 3 the claim of the respondents in the said case, inter alia, for compensation for the injuries suffered as a result of the alleged acts of domestic violence act cannot be brushed aside. ..... code of criminal procedure, 1973 (cr.p.c) to seek quashing of the above said proceedings on the grounds, inter alia, that they are senior citizens, the allegations against them in the case are small and bald, no case of domestic violence having been properly brought out, the intention being to cause harassment and to gain wrongful possession of their property. ..... no.4352/2015 page 1 of 3 constituting domestic violence , prayers having been made with reference to remedies available under sections 12, 18, 19, 20 and 22 of the said law. ..... respondent, he being the father of the second respondent and son of the first petitioner, was also shown in the array, allegations having been made against him, and the petitioners, of they having indulged in certain acts of commission and omission, the same crl. m.c. .....
Tag this Judgment!Court : Delhi
..... the petitioner also filed a complaint case being complaint case no.3223/2017 before the court of learned metropolitan magistrate under section 12 of the protection of women from domestic violence act, 2005.3. ..... after two and a half years of having separated from the husband and the matrimonial family pursuant whereto fir was registered on 14th july, 2017. ..... it is thus apparent from the reading of the petition, the status report, affidavit of the dcp concerned and the material on record, the insistence of the petitioner was on recovery of the articles without providing bills thereof and arrest of all .....
Tag this Judgment!Court : Delhi
..... appellant / defendant / judgment-debtor; (b) that the mother of the appellant / defendant / judgment-debtor had instituted proceedings under the protection of women from domestic violence act, 2005 against the deceased respondent / plaintiff / decree-holder and in which proceedings, the possession of the mother of the appellant / defendant / judgment-debtor with respect to one room in the flat had been protected; (c) that the appellant / defendant / judgment-debtor had been allowed by his mother to reside in the flat; and, (d) that ..... the deceased respondent / plaintiff / decree-holder, taking advantage of the power of attorney obtained from the allottee / owner of the said flat in the name of the deceased / respondent / plaintiff / decree-holder, had ..... though once this appeal itself is found to be not maintainable, citing of the aforesaid judgments on the merits of the appeal is irrelevant but for the sake of clarity it is deemed appropriate to notice the facts as emerging from the file, though the counsel for the appellant / defendant / judgment-debtor has not argued the same.20. ..... considering the nature of the objections aforesaid, i have enquired from the counsel for the appellant/judgment debtor as to how this appeal lies .....
Tag this Judgment!Court : Delhi
..... again, the marriage ran into rough weather and this resulted in an estranged relationship and matrimonial dispute, eventually resulting in a petition (cc no.66/1/2014) being filed under section 12 of protection of women from domestic violence act, 2005 by the petitioner impleading the said husband pankaj gupta and crl. m.c. ..... the expression shared household is described in the protection of women from domestic violence act, 2005 by section 2(s) as under:-" shared household means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either ..... but, then it is clear from the averment itself that what was allowed was only a permissive ..... it is clear from the averments of the petitioner herself, she has been permitted to use a portion of the property by the second ..... it is clear from the material on record to confirm that the first respondent, as the judgment debtor in the said decree, had challenged it by regular first appeal no.792/2002 before this court but the said appeal was dismissed ..... 17 (1) of the act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the .....
Tag this Judgment!Court : Delhi
..... the copy of the order dated 12.10.2009 of the metropolitan magistrate, new delhi, passed on a petition under section 12 of the protection of women from domestic violence act, 2005 instituted by the first petitioner does show that a restraint order had been issued against she and her children being dis-possessed from the house of the complainant herein. ..... it is clear from the averments that the marriage of the first petitioner with sumit khurana had run into rough weather, she having earlier lodged first information report (fir) no.71/2010 with police station crime against women cell alleging offences punishable under sections 498, 406, 34 ipc, this following another fir no.13/2011, which was earlier registered for offences under sections 380, 406, 34 ipc.5. ..... house no.m-4, third floor, old double storey, lajpat nagar-iv, new delhi had been concealed from the criminal court.7. 8. .....
Tag this Judgment!Court : Delhi
..... the petitioner felt constrained to file a petition under section 12 of the protection of women from domestic violence act, 2005 (no.c- 616/1/12), inter alia, seeking maintenance allowance to be awarded.2. ..... judge in a suit (civil suit no.22/14) instituted by the father of the first respondent, an ad interim injunction was issued on his application under order xxxix rules 1 and 2 of the code of civil procedure, 1908 (cpc) restraining the petitioner from forcibly entering or interfering into the peaceful possession of the said party in respect of property no.a-300, vikas puri, delhi. ..... the appeal was allowed by order dated 03.03.2016 enhancing the compensation to rs.12,000/- p.m, though making it effective from the date of disposal of the application by the trial court till final decision in the said case.3. ..... the amount shall be payable with effect from the filing of the petition before the magistrate till decision on the main petition, this being subject to the final adjudication.7. ..... it is noted from the affidavit of the first respondent that he had admitted that he was working for gain in denmark, his salary being in the sum of ~28,000/- krone p.m, it concededly being equivalent to rs.55,500/- p.m.5. .....
Tag this Judgment!Court : Delhi
..... the respondent/wife had filed a petition (no.5550614/2016), inter alia, under section 12 of the protection of women from domestic violence act, 2005 (for short, the domestic violence act) against the petitioner in january 2013, thereby seeking various reliefs including maintenance allowance for self and also for the minor child of the parties who concededly has crl. m.c. ..... her and for the minor child of the parties, this to take care of their needs for food, clothing, household expenses, rented accommodation and other amenities of life, the order having been made effective from the date of filing of the petition till final adjudication thereupon.2. ..... the parties have been estranged from each other ever since. ..... though in the first said income tax return, he declared zero income, the subsequent itrs reflect income ranging from rs.2,36,955/- to rs.3,07,180/-. ..... approximately from various businesses. .....
Tag this Judgment!Court : Delhi
..... subsequent to that event, the petitioner (wife) presented a complaint (cc no.178/6/14) in the court of the metropolitan magistrate invoking section 12 read with sections 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005 (for short, domestic violence act) seeking various reliefs. ..... the proceedings in the case of the petitioner against the respondent under section 12 of the protection of women from domestic violence act, 2005 are revived before the crl. m.c. ..... no.4705/2016 page 4 of 6 protection of women from domestic violence act, 2005 on the ground that the petitioner had ceased to be an aggrieved person and further on conclusion that the claim as put forth was barred by limitation . ..... submissions made by shri ranjit kumar on the issue of limitation, in view of the provisions of section 468 crpc, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... that section 468 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. .....
Tag this Judgment!Court : Delhi
..... petition (cc no.12/1/13) in the court of the metropolitan magistrate invoking its jurisdiction under section 12 of the protection of women from domestic violence act, 2005 impleading the petitioner herein as the first respondent, this in addition to various other persons, they including his brothers, their wives, sister and her husband, making allegations of they having subjected her to a series of incidents constituting domestic violence within the meaning of the expression used in the said law, she seeking reliefs, inter alia, in ..... are claimed by the second respondent through the petition under section 12 of the protection of women from domestic violence act, 2005 arise out of a continuing cause of action. ..... the metropolitan magistrate by an application seeking modification of the impugned order dated 08.12.2015, on the ground that material facts had been concealed and that the petition under domestic violence act had suffered from laches but the said application was dismissed.3. ..... , not the least on mere averments of the petitioner, that the claim of the second respondent about domestic violence is wholly unfounded. ..... 3 of 4 facie constituting it to be a case of domestic violence. ..... the metropolitan magistrate, by order dated 08.12.2015, took cognizance on the said petitions, also perusing the domestic incident report (dir) and, thereafter, directed the petitioner to be called, issuing process against him for appearance calling upon him to respond including by filing an affidavit as .....
Tag this Judgment!Court : Delhi
..... in the district court, could have easily ascertained the nature of the proceedings and about the steps required to be taken therein, if not from her counsel, also from her colleagues in the district court; (ix) that the parties are in litigation for several years, before several foras including under the protection of women from domestic violence act, 2005 and prosecution of the respondent/husband under sections 498a, 406 and 34 of the ipc; (x) that no mileage could be taken by the petitioner/wife ..... was, (i) that a new counsel for the petitioner/wife entered appearance on 29th january, 2018; (ii) that the petitioner/wife is working as dak peon with the district court and the daughter of the parties is suffering from sugar and thyroid and the petitioner/wife is taking care of the said daughter; and, (iii) that the petitioner/wife was not aware of the requirement to file written statement within a period of 90 days.6. ..... however, on enquiry, whether the petitioner/wife throughout the same period was on leave from her employment in the district court, the answer is in the negative. ..... the respondent/husband has filed the proceedings, from which this petition arises, for dissolution of marriage with the petitioner/wife, under sections 13(1)(i-a) and 13(1)(i-b) of the hindu marriage act, 1955. .....
Tag this Judgment!