Court : Delhi
..... admitted to having filed a case under section 12 of the protection of women from domestic violence act, 2005 in august, 2010.13. ..... appellant/wife also file a case under the protection of women from domestic violence act, 2005 against him.8. ..... that the family of the respondent/husband had faced prosecution for 8 years even after the settlement, including in a fresh fir no.4u/s 406, ipc, ps indirapuram, ghaziabad, up and a case filed by the appellant/wife under the protection of women from domestic violence act, 2005. ..... she did succeed in doing so from 28.06.2005, when the parties had got married, till december, 2010 when according to the appellant/wife, she had returned to her parental ..... that on 20.01.2007, the appellant/wife and their son went to her parental home when she took away her jewellery items and on 02.02.2007, lodged a false complaint with the crime against women cell implicating the respondent/husband and his family members. ..... therefore, she filed a complaint with the crime against women cell on 02.02.2007, which led to the registration of the case fir no.373/2007 u/s498/4ipc at police station kalyanpuri ..... the facts as borne out from the impugned judgment are that the respondent/husband had filed a petition for divorce under section 13(i)(ia) of the hindu marriage act, 1955 (in short, hma ) on the grounds of ..... there is no dispute that the parties had got married on 28.06.2005, as per hindu rites and customs at kalyan vihar, delhi and were blessed with two children, a son and .....
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..... had been treated with utmost cruelty by the respondent/husband and his family members due to which she was compelled to file complaints against them with the caw cell and under section 12 of the protection of women from domestic violence act, 2005. ..... on occasions, the respondent/husband and his family had to perform the sacrifice of cocks and goats in the name of meera baba and jainka baba to bring out the appellant/wife from under the influence of such babas and which he agreed to perform under fear and in the hope that he could bring some normalcy in his marital life. ..... the facts of the case are that the respondent/husband had filed the petition for divorce on the grounds of cruelty under section 13 (1) (ia) of the hindu marriage act, 1955 pleading inter alia that the appellant/wife was given to strange behaviour, which created a fear in his mind and his family, so much so that his elder brother had threatened to leave the joint ..... it was alleged that due to the said acts of the appellant/wife, she had a miscarriage, which caused mental agony to the respondent/ ..... facts of the present case are distinguishable from those in rafiq & another. ..... denied that she had returned to the matrimonial home on the assurance given by her parents that such conduct would not be repeated as no such acts had been committed by her. ..... moreover, as is evident from a perusal of the impugned judgment, it is not as if the appellant/wife did not have an opportunity to cross examine the respondent/husband and his .....
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..... it is confirmed by the second respondent that certain other cases involving the parties have come to an end, her petition under section 12 of protection of women from domestic violence act, 2005 having been withdrawn, the criminal miscellaneous petition challenging the interim order having been also dismissed as withdrawn, cases arising out of the three other firs having been quashed. ..... the second respondent has further confirmed by the fresh affidavit that she has already received total sum of rs.35 lacs from the first petitioner.5. ..... in heinous or serious offences, including those involving indeed economic offences affecting the financial and economic well being of the state , such as murder, attempt forgery, rape, dacoity, financial or economic frauds, cases under arms act, etc. ..... from out of the said wedlock, a girl child named jhalak took birth on 10.11.2008. ..... act - or matrimonial dispute or family dispute , genuine resolution on equitable terms, in entirety, by the parties should result in criminal proceedings being quashed. (v). .....
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..... that the dispute between the parties also led to two other cases being preferred, both by the second respondent one under section 12 of the protection of women from domestic violence act, 2005 and the other under section 125 of the code of criminal procedure, 1973 (cr. pc). ..... of the dispute with the first petitioner and others, the parties having already ended their marriage by a divorce as per muslim law on 19.12.2018, she having already withdrawn petition under domestic violence act having received at that stage, rs.5 lakh from the first petitioner, this being the first instalment of the total amount of rs.10 lakhs which she has agreed to receive to forgo the cases and towards her full and final claim ..... as it may, the parties were referred to delhi mediation centre at tis hazari courts in the context of the case (cc no.398/2012) arising out of the domestic violence petition where they agreed to settle the matter amicably by executing a settlement deed dated 06.12.2018, copy whereof has been filed with the petition.3. ..... or serious offences, including those involving indeed economic offences affecting the financial and economic well being of the state , such as murder, attempt forgery, rape, dacoity, financial or economic frauds, cases under arms act, etc. ..... from out of the said wedlock, a male child named mohammad took birth ..... act - or matrimonial dispute or family dispute , genuine resolution on equitable terms, in entirety, by the parties should result in criminal proceedings being .....
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..... in the suit premises but had taken a false stand that he was not residing there in support of his plea that the suit premises was not a shared household of the appellant within the ambit of the protection of women from domestic violence act, 2005 ( d.v. ..... learned counsel for the respondent no.1, on instructions from the said respondent, submits that she will withdraw her claim for mesne profits and damages for the period during which the appellant had continued to reside in the suit premises. ..... learned counsel for the respondent no.1, on instructions from the respondent no.1, submits that the said respondent and her husband are very fond of their granddaughter and in case the appellant occasionally entrusts her in their care and custody during the day, they ..... learned counsel for the respondent no.2, on instructions from the respondent no.2 who is present in court, submits that though the draft of the proposed lease deed has already been finalized, in case the lease is not executed or not extended subsequently for any reason whatsoever, ..... act or in case the parties rfa4482019 page 5 of 7 arrive at any other amicable settlement. ..... act for short) thereby disentitling her to continue to reside in the suit premises. .....
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..... it appears that the parties also came to be involved in certain other cases including a petition under section 12 of protection of women from domestic violence act, 2005 and a case for divorce filed by the first petitioner. ..... no.227/2019 page 2 of 7 affidavit she has confirmed that she has already received rs.5 lacs in two instlament before the family court and that the domestic violence case has also been withdrawn, the decree of divorce having been granted.6. ..... in heinous or serious offences, including those involving indeed economic offences affecting the financial and economic well being of the state , such as murder, attempt forgery, rape, dacoity, financial or economic frauds, cases under arms act, etc. ..... from out of the said wedlock, a male child named deepanshu took birth on 14.10.2008. ..... justice r.k.gauba1 order (oral) the second respondent was married to the first petitioner as per hindu rites and ceremonies on 07.09.2005. ..... act - or matrimonial dispute or family dispute , genuine resolution on equitable terms, in entirety, by the parties should result in criminal proceedings being quashed. (v). .....
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..... the claim of the second respondent for maintenance for self and the daughter, she also having initiated certain other proceedings including proceedings under protection of women from domestic violence act, 2005 in the court of the metropolitan magistrate and a petition for divorce under section 13(1)(ia) of the hindu marriage act, 1955 in the family court; besides two other cases, one arising out of fir no.202/2017 involving offences punishable under section 279 ..... no.71/2019 page 2 of 8 domestic violence act and the aforementioned civil suit which has been initiated by the petitioners against the second respondent, the residential property being held and mutated in her name, they ..... 29.06.2019, pursuant to the directions in the earlier order confirming that the settlement agreement dated 18.01.2018 has been acted upon and complied with, she having no objection to the prayer for quashing of the aforementioned fir no.853/2015 ..... , the third petitioner being represented by her counsel, the petitioners had given up their claim over the said residential property, they having received from the second respondent at that stage an amount of rs.1,00,000/- in terms of the mediation settlement.6. ..... from the settlement terms that the second respondent has given up her right to claim maintenance from ..... involving indeed economic offences affecting the financial and economic well being of the state , such as murder, attempt forgery, rape, dacoity, financial or economic frauds, cases under arms act, etc. .....
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..... petition under section 12 of the protection of women from domestic violence act, 2005, which has also been placed ..... that respondent no.3 has not resided cm(m) 957/2019 page 7 of 8 since july, 2016 at the very latest, and in which she has not even claimed an order of residence in proceedings under the protection of women from domestic violence act, 2005. ..... in her affidavit supported with the application filed under the protection of the women from domestic violation act, 2005, defendant no.3 has mentioned her address as h.no.133, gagan ..... the plaint on the ground that the suit was not maintainable in the civil court by virtue of explanation (d) to section 7(1), read with section 8, of the family courts act, 1984, which provides that a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship , shall be within the exclusive jurisdiction of the family ..... in support of his argument that the petitioners have a good prima facie case in the appeal, mr.mehta submits that explanation (d) to section 7(1) of the act, does not include within its purview a suit filed by the family members of one of the parties to the matrimonial relationship in respect of the property which ..... while issuing notice in the appeal, the appellate court has declined their prayer for ex-parte interim injunction, restraining the respondents from interfering and obstructing the peaceful living and enjoyment of the suit property [16/15, alipur road, civil lines, delhi-110054]..3. .....
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..... the petitioner filed the subject petition under the protection of women from domestic violence act 2005.5. ..... the concept of sustenance does not necessarily mean to lead the life of an animal, feel like an unperson to be thrown away from grace and roam for her basic maintenance somewhere else. ..... 103/2015 page 5 of 7 an order from the court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds.18. ..... the arrears shall be payable from the date of filing of the application before the trial court i.e. ..... the respondent is directed to clear the entire arrears of maintenance in three equal monthly instalments with the first instalment being payable within two weeks from today. ..... as expounded by the supreme court in bhuwan mohan singh (supra) applies on all fours to the grant of maintenance under the dv act.19. .....
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..... month from the date of filing of the petition under section 23(1) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act).2... ..... under section 20 dv act, the magistrate has powers to direct respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may inter alia include the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance ..... does not necessarily mean to lead the life of an animal, feel like an unperson to be thrown away from grace and roam for her basic maintenance somewhere else. ..... escape route unless there is an order from the court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds ..... 5 of 10 maintained with axis bank which showed salary being received by her from the railways and being deposited in her account.19. ..... p..849/2018 page 3 of 10 name in indian railways from which salary was being credited to an account opened in her name and the money deposited in the said account was being debited by the uncle and credited to his ..... the grant of maintenance under the dv act has not been made dependent upon the expression unable ..... she was never gainfully employed there but had worked there for gaining some experience and had never received any salary from the said company.12. .....
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