Court : Delhi
..... family related to the father of the husband of the complainant, who were not in anyway residing in the shared household of the complainant s husband to be members of the intra family of the husband to make them culpable under the protection of women from domestic violence act, 2005 nor under section 406/498a of the indian penal code, 1860. ..... came with a knife in his hand and told her that he would kill her by inflicting it upon her if she did not leave the house and at about 10.00 pm, she was threatened that she would be thrown from the roof of the house, whereafter she informed the police and the police got her medically examined and fir no.2was registered at ps govindpuri under sections 342/323/5of the indian penal code ..... and sent all those persons out of the room, whereafter, her husband and in-laws became further adverse to her and did not look after her nor her child even after her discharge from the hospital and crl.m.c.4416/2015 page 2 of 18 her husband and her in-laws told her that they would never let her live with peace in the house and thereafter, her sister-in-law ..... of a definition of "husband" to crl.m.c.4416/2015 page 12 of 18 specifically include such persons who contract marriages ostensibly and cohabit with such woman, in the purported exercise of their role and status as "husband" is no ground to exclude them from the purview of section 304-b or 498- a ipc, viewed in the context of the very object and aim of the legislations introducing those provisions. .....
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..... . rajesh dinanath tiwari in writ petition no.10696/2017, it being apparent through the pleadings on the record that the premises in suit do not fall within the category of a shared household in terms of section 2 (s) of the protection of women from domestic violence act, 2005, the substantial questions of law sought to be urged by the appellant as referred to in para 18 hereinabove do not arise for consideration in the instant case in as much as the rights of the appellant and her daughter to ..... . inter alia the appellant submitted that there were proceedings under the protection of women from domestic violence act, 2005 bearing no.289/3/2014 that were pending and that the proceedings in the civil suit and the appeal in relation thereto ..... that is sought to be urged is to the effect that the premises in suit fall within the category of a shared household in terms of section 2 (s) of the protection of women from domestic violence act, 2005 and seeks to submit that the suit premises being her matrimonial home in which she lives and has lived in a matrimonial relationship with her husband, the respondent no.1, falls within the category of her shared household from which she cannot be dispossessed.10 ..... respondent no.2 herein is entitled to live in accommodation commensurate to that in which she lives presently with her child for which she may avail of appropriate civil legal remedy in relation thereto or under the protection of women from domestic violence act, 2005 for which there is no embargo .....
Tag this Judgment!Court : Delhi
..... the argument is that the respondent has filed proceedings against the petitioner under the protection of women from domestic violence act, 2005, in which she has made statements contrary to those which were recorded at the time of dissolution ..... the respondent has thereafter filed proceedings under the protection of women from domestic violence act, 2005, wherein she has tendered an affidavit of evidence which, according to the petitioner, contains statements which are contrary to the statements recorded at the time of settlement and thus violate the undertaking given by the respondent ..... further submits that both the deponent and the respondent no.1 lived in tenanted premises and the respondent no.1 has been strolling the deponent from one tenanted premises to the other, without paying for its rent or making any provision for the deponent to survive. ..... paragraph 7 of the affidavit of evidence also, the respondent s statement that the parties live in tenanted premises and that the petitioner herein has been strolling the deponent from one tenanted premises to another is not ex facie contrary to the said undertaking. ..... the deponent had already fallen from grace and had no other choice but to cont.cas(c) 387/2018 page 3 of 6 follow the dictate of the respondent no.1 and his family members, with a solace in mind that ultimately she will have ..... in we the petitioners were married on 24.08.2011 under section 13 of the special marriage act, 1954 copy of marriage certificate is ex.p2osr). .....
Tag this Judgment!Court : Delhi
..... an application filed the respondent under section 12 of the protection of women from domestic violence act, 2005, an amount of rs.40,000/- has been fixed as interim ..... neither appropriate nor desirable that a court simply states that maintenance should be paid from either the date of the order or the date of the application in matters of ..... requires the court to consider making the order for maintenance effective from either of the two dates, having regard to the relevant facts ..... (2008) 9 scc632held that the high court was not right in holding that as a normal rule, the magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance. ..... 3 of 5 that from the time the wife starts residing separately from her husband, she can claim maintenance from him .12. ..... for the court to award maintenance from the date of the order there have to be compelling circumstances for the court to take ..... 2018 scc online del 12448; crl.m.c.3647 of 2014 has been held that the maintenance is to relate back to the date of the application and not from the date of the order.11. ..... of maintenance is to afford a subsistence allowance to the wife, who is not able to maintain herself, then the award normally should be from the date of the application. ..... counsel for the petitioner is that since the respondent was already receiving a sum of rs.15,000/-, the order should not have related back to the date of the application but should have been from the date of the order.6. .....
Tag this Judgment!Court : Delhi
..... the first petitioner (wife) had instituted proceedings under section 12 of protection of women from domestic violence act, 2005 (dv act) in the year 2007, it having been registered as cc no.358 ..... no.3380/2016 page 3 of 6 thereafter in the first appellate court by criminal appeal no.25/2014, the learned counsel for the petitioner, having taken instructions from the first petitioner, who is present in person with her in the court, submits that no relief is pressed in the present petitions respecting unauthorised occupation of plot no.1224, sushant lok, gurgaon, haryana for the reason ..... in the given facts and circumstances, the burden to prove not only the delay but also the additional expenditure flowing from such delay will be placed at the door of the first petitioner who so contends. ..... 3071/2008) seeking quashing of the case of the first petitioner under section 12 of dv act was decided by order dated 02.06.2012, certain observations in (para 16 of) the said order are of some import here and may be extracted as under:-" ..... had remitted the matter to the metropolitan magistrate for deciding the remaining issues and passing appropriate orders, the issues essentially covering the right of the first petitioner to seek additional amount from the respondent towards expenses of education and maintenance of the daughter. ..... grievance has been raised in this regard by the petitioner before the metropolitan magistrate in the proceedings under dv act leading to order dated 02.09.2014 and crl. m.c. .....
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..... above backdrop, the respondent wife filed a petition under section 12 of protection of women from domestic violence act, 2005 (d.v. ..... had some differences, the respondent (wife) accusing the petitioner (the husband) of certain acts of commission and omission statedly constituting cruelty and domestic violence. ..... respondent insists that the petitioner is still continuing to be in some private employment in mumbai referring to proof showing his presence in mumbai during the period 2016-17 on account of certain withdrawals from his bank account, she concedes that her income from the job of lecturer is now approximately rs.60,000/- per month.8. ..... also directed by order dated 23.01.2019 to disclose on affidavit details of their earnings from all sources and assets in the nature of bank accounts, investments etc. ..... the wife insists that he has income additionally from private employment but submits she does not have the resources to muster proof ..... the petitioner and the respondent have been gainfully employed, the petitioner having served indian army in the rank of lieutenant colonel from which post he took premature retirement w.e.f. ..... act) bearing c.c.no.2005/1/07 which was decided by the metropolitan magistrate by judgment ..... reduction of the income of petitioner husband, the order dated 26.07.2010 is temporarily and partially modified so as to reduce the liability to pay only amount of rs.10,000/- each in favour of two daughters, such modification taking effect from the current month (i.e. .....
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..... petitioner impugns order dated 26.09.2018 whereby the appellate court set aside order dated 06.04.2018 and remanded the matter to the trial court to decide the application under section 23 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act), afresh. ..... 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 include but is not limited to (a) the loss of earnings; (b) the medical expenses; (c) (d) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and the maintenance for the aggrieved person as well as her children, if any, including an order ..... talks only of maintenance, section 20 dv act stipulates payment of monetary relief to meet the expenses incurred and losses suffered as a result of the domestic violence including but not limited to loss of earning, medical expenses, loss caused due to destruction, damage or removal of any property from the control of aggrieved person. ..... per contra, learned counsel for the respondent submits that the respondent-wife suffered domestic violence and thus was entitled to monetary relief under the dv act. ..... 994/2018 page 8 of 10 application under section 23 of the dv act, the respondent wife has inter-alia sought residence rights under section 19 and protection under section 18 apart from the monetary relief under section 20.19. .....
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..... the petitioner submits that respondent had crl.rev.p6512017 page 1 of 4 also initiated proceedings under section 12 of the protection of women from domestic violence act, 2005 (dv act for short) in which by order dated 03.02.2017 interim maintenance of rs. ..... learned counsel for the petitioner submits that calculated from 03.08.2015 at the rate of rs.3000/- till 30.04.2019, petitioner is liable to pay a total sum of rs.1,32,000/- out of which rs.66,000/- has already been paid in dv act proceedings and rs.50,000/- has been paid in terms of the impugned order passed in the section 125 cr.p.c proceedings and accordingly a sum of rs.16,000/- is ..... it is clarified that a final order passed by the court either under section 125 cr.p.c or under the dv act would be a relevant crl.rev.p6512017 page 3 of 4 consideration by the other court for adjudication of the proceedings ..... counsel for the respondent further points out that by order dated 03.02.2017 in the dv act proceedings, the court has already directed that any maintenance paid by the petitioner would be ..... in terms of the order passed by the mahila court in the dv act proceedings, a sum of rs.66,000/- has already been paid till date.5. ..... has been fixed which is to be paid from the date of filing of the said petition ..... of rs.3000/- has been fixed, the amount paid by the petitioner in these proceedings under section 125 crpc should be taken into account for adjustment towards maintenance to be paid by the petitioner in the dv act proceedings.6. .....
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 .....
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