Court : Delhi
..... copy of the petition filed before the trial court under the protection of women from domestic violence act, 2005 records details of the property owned by the petitioner. ..... passed by the learned additional session judge dismissing the appeal filed by the petitioner and upholding the order dated 19th november, 2009 passed by the learned metropolitan magistrate granting interim maintenance under the protection of woman from domestic violence act, 2005. ..... the respondent however claims that the said apartment was purchased from her money. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... facts giving rise to this petition are that the respondent herein, being husband of the applicant, on arising some matrimonial dispute between them, filed the aforesaid civil suit under section 13(1)(ia)(ib) of the hindu marriage act, 1955 for decree of divorce in the family court, sagar, while at the instance of the applicant, a criminal case under section 12 of the protection of women from domestic violance act, is pending in the court of jmfc bhopal. ..... if on the above or other relevant considerations, the court feels that the plaintiff or the defendant is not likely to have a `fair trial' in the court from which he seeks to transfer a case, it is not only the power but the duty of the court to make such order. ..... , by allowing this petition, the above mentioned civil suit no.61-a/09 pending in the family court, sagar is hereby ordered to be transferred from such court to the family court bhopal for its further trial and adjudication. ..... also argued that he is paying the interim alimony and the expenses of the litigation as directed by the trial court, therefore, there is no necessity to transfer the case from sagar to any other court of bhopal and prayed for dismissal of this petition.6. ..... this petition is preferred by the applicant/wife under section 24 of the cpc for transferring the civil original suit no.61-a/09 filed by the respondent/husband under section 13(1)(ia)(ib) of the hindu marriage act, 1955 in the family court sagar, from such court to the competent court at bhopal. .....
Tag this Judgment!Court : Allahabad
..... it is contended that now proceedings under section 12 of the domestic violence act in case no.310 of 2010 smt. ..... kirit gupta versus alok kumar gupta and others under section 12 of the domestic violence act, p.s. ..... it is contended that the opposite party no.2 has also initiated proceedings under section 498-a and 3/4 dowry prohibition act, which was challenged by the applicants by way of filing criminal application no.11865 of 2010 and this court vide order dated 29.04.2010 referred the matter to the mediation centre.2. ..... after depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated. ..... 10,000/- within two weeks from today with the mediation centre of which 50% shall be paid to the opposite party no.2 for appearance before the mediation centre.5. .....
Tag this Judgment!Court : Delhi
..... judgment dated 3rd november 2009 passed by learned additional sessions judge, delhi dismissing the revision petition of the petitioner against an order passed by learned magistrate taking cognizance of a complaint under section 12 of the protection of women from domestic violence act, 2005 (in short, "the act").2. ..... jurisdiction by the magistrate in such cases would be contrary to the act as the act envisages help from police of the local area where domestic violence had taken place and it envisages visit by the protection officer to the share household and to the place of incident. ..... that a magistrate, after hearing the aggrieved person and the respondent, on being prima facie satisfied about domestic violence having taken place, may pass a protection order in favour of the aggrieved person and prohibit the respondent from committing certain acts as given in this section. ..... from different provisions of this act, it is apparent that the scheme of the act provides that protection officer, service provider and police to help the aggrieved person in not only approaching the court for redressal but to ensure that the domestic violence is not further perpetuated and an aggrieved person gets shelter either in the shelter home or after the residence order in ..... also find it difficult to serve respondent if she moves far away from the place of domestic violence and the magistrate may find it difficult to ask the protection officer and other service providers of far off places to help.9. .....
Tag this Judgment!Court : Delhi
..... ms priyanka khanna had moved an application before learned metropolitan magistrate (mm) under section 12 of protection of women from domestic violence act and also made an interim application for residence, protection and maintenance. ..... was filed by the husband which is pending before the court of adj and the learned adj after considering the material vide order dated 16th september, 2008, granted to the wife a monthly maintenance of ` 25,000/- from the date of filing of application under section 24 of hindu marriage act till the disposal of the case and awarded ` 10,000/- towards litigation expenses. 3. ..... there may be many cases where a man is egoistic and does not take help from his rich parents or rich brother and does not maintain same status which his rich brother and parents may maintain.5. ..... learned mm considered the income of the husband for the financial years 2004-05, 2005-06, 2006-07 and 2007-08 and found that annual gross income of the husband for the latest financial year i.e. ..... status of a man is not determined from the status of his brothers or parents. ..... this would be payable from the date of order of the appellate court. ..... it is evident from the order passed by the learned asj that he has not enumerated the vast movable and immovable properties owned by the husband. ..... and maintenance from ` 10,000/- p.m. ..... in appeal, the learned asj enhanced the house rent payable to the wife from ` 5,000/- p.m. ..... apart from that, she also awarded ` 5,000/- per mensem (p.m. .....
Tag this Judgment!Court : Delhi
..... petitioner filed an application under section 12 of the protection of women from domestic violence act, 2005 (in short the act) and along with it she filed an application under section 29 of the act seeking maintenance. ..... it must be understood that the protection of women from domestic violence act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved ..... /2010 page 2 of 3 already granted, she will have to move the same court and she cannot approach mm under the protection of women from domestic violence act by way of an application of interim or final nature to grant additional maintenance. ..... learned court of mm observed that petitioner was living separate from her husband since 3rd january, 1996. ..... had filed a civil suit under hindu adoption and maintenance act and an application under section 125 cr.p.c. ..... the court of mm under the act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where woman has not exercised her right of claiming maintenance either under civil court or under ..... if a woman living separate from her husband had already filed a suit claiming maintenance and after adjudication maintenance has been determined by a competent court either in civil suit or by court of mm in an application under section 125 ..... /2010 page 1 of 3 she was getting a total maintenance of ` 4000/- per month from the respondent. ..... does not have a right to claim additional maintenance under the act. .....
Tag this Judgment!Court : Karnataka
1. petitioner has called in question the proceedings in crl.misc.no.84/2008 on the file of j.m.f.c., somwarpet,2. the domestic violence report is filed before the learned magistrate interalia alleging violence against the complainant. in pursuance of the said report and the complaint, the learned magistrate had initiated the proceedings. at this stage, this petition has been filed.3. learned counsel for the petitioner submits that, there is no allegation of any violence alleged in the complaint and as such, the proceedings are vitiated.4. the domestic violence is reported in the prescribed form, prima facte, tisfg* discloses the alleged violence. even if any details are shortcoming, it is open to the petitioner to raise objections before the learned magistrate and learned magistrate would consider the objections at the appropriate stage.accordingly, the petition fails and same is dismissed.
Tag this Judgment!Court : Delhi
..... filing of a petition under protection of women from domestic violence act by the petitioner taking shelter of domestic relationship and domestic violence needs to be considered so that this act is not misused to settle property disputes. ..... brief facts relevant for the purpose of deciding this petition are that the petitioner herein had filed an application under section 12 of protection of women from domestic violence act making her brother and his wife as respondents. ..... such son, daughter, daughter-in-law, son-in-law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under protection of women from domestic violence act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. ..... where a family member leaves the shared household to establish his own household, and actually establishes his own household, he cannot claim to have a right to move an application under section 12 of protection of women from domestic violence act on the basis of domestic relationship. ..... such abuses are not covered under domestic violence act but they are liable to be punished under penal laws. ..... an application under section 12 of domestic violence act was nothing but a gross misuse of the act and i consider that she was rightly denied the interim relief of residence in the property left by her father. .....
Tag this Judgment!Court : Delhi
..... 1.the present petition has been filed by the petitioners, who are father-in-law and mother-in-law, for quashing a complaint under section 12 of protection of women from domestic violence act, 2005 qua them, made by respondent no.2. ..... petitioner no.1 was heart patient and petitioner no.2 was suffering from eye sight problem and they had been unnecessary made parties to the application under domestic violence act and therefore application qua them should be quashed.2. ..... i, therefore consider that the learned mm where the application is pending shall consider all facts and decide the existence of domestic relationship between the parties and the orders under the act should be passed only after considering whether any domestic relationship existed between the petitioner and the respondent. ..... it is the duty of metropolitan magistrate, where the application has been made, to ensure whether a domestic relationship existed between the applicant and the petitioners in view of judgment of this court in criminal m.c.no. ..... she was not having harmonial relations with her husband and was living separate from her husband for the last 10 years in the same house at first floor. ..... there was no domestic relationship or shared household between petitioners and respondent no.2. .....
Tag this Judgment!Court : Delhi
..... counsels for the parties state today that the petitions filed by the respondent no.2 under section 125 cr.pc and under section 12 of the protection of women from domestic violence act, 2003, have since been withdrawn by him and further, the petition for dissolution of the marriage between the petitioner no.1 and the daughter of respondent no.2 by mutual consent has also been filed before the concerned ..... apart from the aforesaid complaint, respondent no.2 also filed two complaint cases against the petitioners under section 125 of the cr.pc and under section 12 of the protection of women from domestic violence act, 2003, on behalf of his daughter. ..... the respondent no.2 has confirmed having received a sum of rs.10,50,000/- from the petitioners and does not oppose the prayer made in the petition. ..... till date, there is nothing point out from the record which indicates any common intention or knowledge attributable to the petitioners for the condition of the daughter of respondent no.2. ..... it appears that the parties have arrived at the aforesaid settlement out of their own free will and volition and without any undue influence or coercion from any quarters. ..... there is no issue from out of the wedlock. .....
Tag this Judgment!