Court : Delhi
..... instituted a case (v no.210/2012) invoking the provisions contained in the protection of women from domestic violence act, 2005 in the court of metropolitan magistrate for shahdara district with allegations, inter alia, of she having been subjected to domestic violence at the hands of the respondent husband and members of his family.2. ..... the petition which had been initially filed seeking reliefs under the protection of women from domestic violence act, 2005 required the provisions of the code of criminal procedure, 1973 to ..... the proceedings in the original case (no.210/2012) under protection of women from domestic violence act, 2005, which were closed earlier on 27.11.2012 shall stand revived.12 ..... at hand involves interpretation of the provision contained in section 28 of the protection of women from domestic violence act, 2005, which reads thus:-" 28. ..... was advised to approach the court of metropolitan magistrate again to pursue her remedies under the protection of women from domestic violence act, 2005. ..... wife had certain grievances, her police complaints indicating she having been subjected to domestic violence, this in continuity of what she had statedly suffered prior to the filing of the domestic violence act and indeed prior to the settlement agreement.9. ..... petition is to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or .....
Tag this Judgment!Court : Karnataka
..... section 29 of the protection of women from domestic violence act, 2005 relates to preferring an appeal against the order passed by the magistrate as the appeal would lie within 30 days from the date of the order. ..... the interpretation given to the domestic relationship relating to the petitioner as well as the first respondent late manmohan attavar in the instant case, has not been established by the petitioner for seeking the relief under the provisions of the protection of women from domestic violence act, 2005. :36. ..... hence, by way of this petition she seeks protection order under section 18, residence under section 19, to pay monetary relief under section 20 and to grant compensation or damages under section 22 of the protection of women from domestic violence act, 2005.6. ..... the following orders be passed under protection of women from domestic violence act2005 sec.17: right to reside in a shared household. ..... the petitioner in person has taken various contentions in this revision petition, against the order passed by the appellate court relating to the petition filed by her seeking relief under the domestic violence act, 2005. ..... having framed the said points and appreciating the oral and documentary evidence produced by the parties and referring to the provisions of domestic violence act, hindu marriage act and special marriage act as well as various decisions relied by the parties, the court below answered all the four points in the negative and ultimately dismissed the application .....
Tag this Judgment!Court : Delhi
..... by a petition under protection of women from domestic violence act, 2005 before the metropolitan magistrate (case no.92/1/14), she alleges having been subjected to various acts of commission or omission, they constituting domestic violence. ..... the questions of fact which are raised concerning the petition under domestic violence act, 2005, which is pending consideration before the competent court cannot be addressed by this court in its inherent jurisdiction under section 482 cr. pc. ..... the metropolitan magistrate, by her order dated 07.07.2014, after perusing the domestic information report found a case made out for issuing notice to the petitioner. .....
Tag this Judgment!Court : Supreme Court of India
..... as matter was remitted to the high court for presumption that proceedings were pending but the fact is that no such proceedings are pending under the protection of women from domestic violence act, 2005 (for short the dv act ). ..... , and the learned counsel for the respondent, we had passed order dated september 4, 2017, thereby disposing of this petition with the following directions: (a) insofar as domestic violence proceedings before the family court are concerned, necessary documents shall be filed by both the parties within four weeks from today and evidence led pursuant thereto. ..... orders and prayed for the directions to the respondent to pay entire arrears of maintenance as per the order of the family court in domestic violence proceedings. ..... of summary nature.12) in these circumstances, the appropriate course of action would be to allow the petitioner to file an application for maintenance under the hindu adoptions and maintenance act, 1956 or under section 125 of the code of criminal procedure, 1973 so that in these proceedings, both the parties lead their documentary and oral evidence and on the basis ..... in a matter arising under a legislation meant for protecting the rights of the women, the high court should have been slow in granting interim orders, interfering with the ..... decided the appeal of the respondent reducing the maintenance from rs.2,50,000/-, as fixed by the family court, to rs.50,000/- per month, from the date of filing of the petition under section 12 of the dv act. .....
Tag this Judgment!Court : Delhi
..... darshna had instituted the proceedings under the protection of women from domestic violence act, 2005 against her in-laws. ..... (153) drj259and reiterated that the provisions of the act have to be liberally construed as one of the primary objects of the act is to protect the life and property of the senior citizens.24. ..... thus, the assumption that it is necessary for a senior citizen to claim maintenance for seeking the protection of the act or the rules made there under is erroneous.20. ..... the delhi maintenance and welfare of parents and senior citizens (amendment) rules, 2016 were framed in aid of provisions of section 22 (2) of the act and, thus, must be construed in the widest sense to ensure protection of life and property of senior citizens. ..... it is relevant to note that section 22(2) of the act expressly provides that state government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens. ..... it is also relevant to refer to section 22 of the act which is set out below :-" (2) the state government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens. ..... section 22 (2) of the act requires the state government to prepare a comprehensive action plan for providing protection of life and property of senior citizens and thus, the state government was enjoined to do so. .....
Tag this Judgment!Court : Delhi
..... cm(m) no.800/2018 page 1 of 6 secondly, it is contended that the respondent / wife had approached the court of additional chief judicial magistrate (acjm), bhiwani under section 23 of the protection of women from domestic violence act, 2005 praying for grant of an interim maintenance of rs.50,000/- per month by the petitioner / husband and which application was dismissed; it is argued that the respondent / wife in the said proceeding did not render the ..... as far as the contention of the counsel for the petitioner / husband qua the respondent / wife being qualified and capable of earning, i have enquired from the counsel for the petitioner / husband whether not there is large scale unemployment of persons qualified to teach and holding the same qualification as the respondent / ..... directing the petitioner / husband to, under section 24 of the hindu marriage act, 1955, pay maintenance at the rate of rs.20,000/- per month to the respondent / wife ..... i have enquired from the counsel for the petitioner / husband today also to show the plea taken anywhere, of the place from where the respondent / wife was earning during the year 2015-16 or to at least name the place where the respondent / wife is today employed or earning as a teacher for which she holds the ..... bhiwani, handed over the said income tax return and it is thus not clear whether the counsel for the respondent / wife had opportunity to take instructions with respect cm(m) no.800/2018 page 5 of 6 thereto from the respondent/wife. .....
Tag this Judgment!Court : Delhi
..... (d) of the protection of women from domestic violence act, 2005 and any other ..... later the respondent's father, mother and sister have kept all the jewellery and other gifts items with them which was given by the parents of the petitioner and threw her out from the matrimonial house in meerut, up, without any support and money and the petitioner having no source of income is residing at her paternal house and petitioner is unable to maintain herself whereas the respondent is ..... 37 petitioner's immigration application in canada, the petitioner informed the father of the respondent and other family members about her desire to return to meerut and they told her that they would pick her up from delhi on 25.06.2002 and her mother-in-law asked her to bring $500 along with her, which she told that the respondent had spent on lawyer in canada for her immigration.5. ..... the petitioner was granted rs.25,000/- as interim maintenance vide order dated 14.10.2004 from the date of filing of the petition till the further orders and the same was challenged by the respondent and the said order was modified by the learned asj, delhi on 25.04.2005 into rs.10,000/- per month as interim maintenance to the petitioner till further orders or till the disposal ..... 7 of 37 respondent was taken aback at such conduct of the petitioner as he hailed from a family where the women folk did not drink or smoke. ..... property, succession, guardianship and rights of the women except for reform initiated from the communities within. .....
Tag this Judgment!Court : Delhi
..... she also filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (for short pwdv act) which was a false case and ultimately her complaint was dismissed vide order dated 20.01.2010; and (xii) that she had caused tremendous mental cruelty to him and had ..... in his moral and legal duty to maintain the respondent wife and their children, the respondent wife had instead of seeking appropriate legal remedies to claim maintenance for herself and her children from the petitioner husband, did not choose to do so, and instead involved the petitioner husband in a frivolous criminal proceedings, that resulted in the petitioner husband facing the ignominy of remaining in jail ..... the court of ms navita kumar, learned mm, new delhi vide order dated 10.04.2007; mat.app(fc) 74/2018 page 14 (vi) that she had also filed an application under section 12 of the pwdv act and had failed to lead any evidence in the matter and the same was also dismissed by the court of ms veena rani, learned mm, patiala house courts, south, new delhi vide judgment dated 20.01. ..... at the cost of sounding repetitive, although the respondent wife had every legal right in the book to seek protection order including residence order for herself, the fact that criminal complaint was instituted after 18 years of marriage u/s 498a/406 ipc and under the pwdv act, which lacked any substance, and it clearly smacks a kind of vendetta unleashed by her upon the petitioner husband in order to not only .....
Tag this Judgment!Court : Supreme Court of India
..... be out of place to mention that live-in relationship is now recognized by the legislature itself which has found its place under the provisions of the protection of women from domestic violence act, 2005. ..... specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under section 5 as it stood immediately before the commencement of the child marriage restraint (amendment) act, the 1978 (2 of 1978), the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or (d) that the respondent was at the time ..... such a 4 criminal appeal no.597 of2018marriage is not a void marriage under the hindu marriage act, 1955, and as per the provisions of section 12, which can be attracted in such a case, at the most, the marriage would be ..... -(1) any marriage solemnised, whether before or after the commencement of this act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- that the marriage is in contravention of the that the marriage has not been consummated 1(a) owing to the impotence of the respondent; ..... the high court also remarked that apart from the photographs of marriage which were produced in the high court, there was no evidence to show that a valid marriage was solemnised between the parties and that a certificate issued by the local .....
Tag this Judgment!Court : Delhi
..... paramount, it is, to consider the gamut and the scope of the act, namely the protection of women from domestic violence act, 2005; certain excerpts from the objects and reasons are of immense importance which would run thus: 2 ..... in this context, it may be noted that protection of women from domestic violence act, 2005 was enacted by the parliament keeping in view that phenomenon of domestic violence which is widely prevalent has remained largely invisible in the public domain and even though there is a specific offence under section 498-a of the indian penal code dealing with cruelty by husband and relatives, there is no ..... therefore, this court will hold that the courts while dealing with proceedings under section 12 of the protection of women from domestic violence act, 2005 shall abide by the provisions of cr.p.c. ..... act the protection of women from domestic violence act, 2005 was enacted on 13th september, 2005 and came into force on 26th october, 2006 ..... first question to be determined is whether an application under section 26 of the protection of women from domestic violence act, 2005 (for short, d.v. ..... following questions arise in the present petition: (i) whether an application under section 26 of the protection of women from domestic violence act, 2005 (for short, d.v. ..... is the nature of proceedings under section 26 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v. ..... portions of the protection of women from domestic violence act, 2005 7.1. .....
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