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EX / 56 / 14 ARCHI BHARDWAJ Vs. MANISH KAUSHIK Malviya Nagar19.02.2016
Present: None for the DH.
Sh. Sunil Devadi Counsel for JD.
Affidavit filed by the JD in terms of last order.
Extra copy retained on record to be given to the DH against the
acknowledgment.
To come up with the connected matter on 09.05.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
EX / 12/15 / 15 KAMLESH AND ORS Vs. RAJESH KUMAR Sangam Vihar19.02.2016
Present: Sh. Naveen Kumar Jha proxy counsel for DH.
Warrants of arrest received back unexecuted.
Record perused.
Similar report had been received on the warrants of attachment issued
earlier.
Issue fresh warrants of arrest against the JD for 22.04.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
EX / 48 / 14 LIPIKA DAVID & ORS Vs. VICTOR DAVID Safdarjung Enclave19.02.2016
Present: None.
Order dt. 09.10.2015 be complied with afresh for 22.04.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 316/1 / 15 MAYA DEVI Vs. SATYAPRAKASH AND ANR.Ambedkar Nagar19.02.2016
Present: Ms. Anastasia Ld. LAC for aggrieved with aggrieved.
Respondents in person.
Respondents submit that they have received complete set of documents.
They further submit that they have not engaged any advocate. They are referred to
DLSA office in room no. 309 for assistance, as per rules.
Reply, if any be filed on the NDOH with advance copy to the aggrieved.
Respondent no.1 is directed to file income affidavit in terms of
judgment of the Hon’ble Delhi High Court in Kusum Sharma Vs. Mahender Kumar
Sharma dated 14.01.2015 on the NDOH, along with all relevant documents, with
advance copy to the aggrieved.
To come up for completion of pleadings/further proceedings on
21.03.2016.
Copy of this order given dasti to the respondents as per rules.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 76/1 / 15 PRIYA Vs. SUBODH @ RUPESH & ORSSangam Vihar19.02.2016
Present: Sh. A S Rathore advocate ( enrollment no. D/174/94 ) on behalf of the aggrieved with aggrieved.Respondent no.1 in person.Memo of appearance on behalf of aggrieved be filed during the course
of the day. V/n be filed on the NDOH.Record perused.Passover request.Be awaited.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016at11.41 amPresent: Sh. A S Rathore Counsel for aggrieved with aggrieved.
Ms. Vandana Sharma Counsel for respondents with respondent no.1.Fresh V/n filed on behalf of the aggrieved as well as respondent no. 2,3
and 4. Same is taken on record.Income affidavit of both the parties is on record.Counsel for aggrieved submits he has a matter at Tiz Hazari at 12.00
noon and requests for an adjournment.Adjournment request is not opposed.To come up on 29.04.2016 for arguments on interim application.On request date is changed to 03.05.2016. It is made clear that no adjournment shall be granted for the NDOH.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
EX / 25 / 15 RASHMI SHARMA Vs. DEEPAK SHARMA Sangam Vihar19.02.2016
Present: Sh. Rahul Jain Proxy counsel Ld. LAC for DH with DH.
None for the JD.
Subsequent to the issuance of notice, JD had entered the appearance on
23.10.2015.
List of movable property is on record.
Issue warrants of attachment of movable property of the JD for
07.04.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 411/13STATE Vs. SURESH KUMAR Safdarjung Enclave19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.Io is not present. Fresh notice be issued to the Io to appear in person on 31.03.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 1273/14STATE Vs. PRAVEEN & ORS. Hauz Khas19.02.2016
Present: None for the State.IO is not present.Challan u/s. 173 Cr.PC along with accompanying documents perused.Prima facie there is sufficient material on record to disclose
commission of offences under Section 323/354/506/509/34 IPC. Accordingly, cognizance is taken u/s. 190(1)(b) CrPC for offences under Section 323/354/506/509/34 IPC.
Issue summons to all three accused (in Col. No. 11) through IO and notice to their surety if any for 04.04.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 799/15STATE Vs. ROHTASH SINGH Safdarjung Enclave19.02.2016
Present: Sh. Ritendra Singh Ld. APP for State.
IO is not present.
Challan u/s. 173 Cr.PC along with accompanying documents perused.
Prima facie there is sufficient material on record to disclose
commission of offences under Section 354/354A/354D/323/506/509 IPC.
Accordingly, cognizance is taken u/s. 190(1)(b) CrPC for offences under Section
354/354A/354D/323/506/509 IPC.
Issue summons to accused Rohtash (in Col. No. 11) through IO and
notice to his surety if any for 05.04.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 1136/15STATE Vs. KAMAL SINGH BHATI Malviya Nagar19.02.2016
Present: Sh. Ritendra Singh Ld. APP for State.
IO/HC Rajinder is present.
Heard. Challan u/s. 173 Cr.PC along with accompanying documents
perused.
Prima facie there is sufficient material on record to disclose
commission of cognizable offences u/s 323/354C/509 IPC and accordingly,
cognizance is taken u/s. 190(1)(b) CrPC for offences under u/s 323/354C/509 IPC.
Issue summons to the accused through IO and notice to his surety for
07.04.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 376/15STATE Vs. BADAL SINGH & ANR. Ambedkar Nagar19.02.2016
Present: Sh. Ritendra Singh Ld. APP for State.
IO is not present.
Exemption request received from the IO. For reasons stated his
personal appearance is exempted only for today.
Issue notice to the SHO to submit a report regarding verification of age
of accused Akash in terms of submissions of the IO on 09.12.2015.
Notice be also issued to the IO for the NDOH i.e. 21.03.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 763/15STATE Vs. KAMALDEV Ambedkar Nagar19.02.2016
Present: Sh. Ritendra Singh Ld. APP for State.Sh. Akhilesh counsel for accused with accused Kamaldev. Fresh V/n filed on behalf of the accused. Same is taken on record.Accused has clarified that vide order dt. 10.08.2015 he had been granted
anticipatory bail and not regular court bail. He seeks time for filing the same.On request time is given.Be awaited.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016at01.25 pmPresent: Sh. Ritendra Singh Ld. APP for State.
Sh. Akhilesh counsel for accused with accused Kamaldev. An application u/s. 437 CrPC has been filed on behalf of the accused
for grant of bail. Heard on the application.In the facts and circumstances of the present case, whereby the accused
was already on anticipatory bail and the chargesheet has been filed, accused is admitted to Court bail subject to furnishing of personal bond of Rs.1,00,000/ with two sureties of the like amount subject to following conditions:
1. Accused shall appear on each date of hearing before the court;2. Accused shall not commit an offence similar to the offence of which he is
suspected;3. Accused shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court ; and
4. Accused shall not leave the territory of India without seeking prior permission of the court.
Application disposed off accordingly.Personal bond and surety bond furnished, considered and accepted
subject to verification. Verification report be filed by the IO on NDOH. Intimation be
sent to concerned RTO and office.Complete set of challan and documents has been supplied to the
accused today in the court in compliance of Sec. 207 CrPC, against receipt.Application for supply of deficient documents if any be filed within one
week. List for arguments on charge on 22.04.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 425/13STATE Vs. PRAKASH KUMAR Ambedkar Nagar19.02.2016
Present: Sh. Ritendra Singh Ld. APP for State.Sh. D C Gautam counsel for accused with accused.Be awaited for arguments on charge.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016at 02.28 pmPresent: Sh. Ritendra Singh, Ld. APP for the State.
Sh. D P Shukla Counsel for accused with accused.
Accused submits that he does not wish to continue with Sh. D C
Gautam as his advocate accordingly v/n in favour of Sh. D C Gautam is discharged in
view of request of accused.
Fresh V/n filed on behalf of the accused. Same is taken on record.
Counsel seeks time to advance argument on charge stating he has been
engaged today itself.
On request one opportunity is given.
To come up on 06.05.2016 for arguments on charge.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 564/14STATE Vs. SOBINDER & ORS Sangam Vihar19.02.2016
Present: Sh. Ritendra Singh Ld. APP for State.
Sh. Vijay Singh counsel for accused with all four accused.
Fresh V/n filed on behalf of all the four accused. Same is taken on
record.
An application for cancellation of bail was filed by complainant on
15.02.2016. copy supplied to the accused.
Part arguments on the point of charge heard.
Ld. Counsel for accused seeks time for advance further arguments on
charge in view of the supplementary charge sheet.
Ld. APP also seeks assistance of both the investigating officer.
Issue notice to both the IOs for 23.03.2016.
Reply to the application of cancellation of bail of accused be filed by
the accused as well as IO on the NDOH.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 39/13STATE Vs. RAJKUMAR & ORS. Sangam Vihar19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.Sh. A K Sherawat Counsel for accused with all three accused.One more opportunity is requested for furnishing of bail bond.Be awaited.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016at 01.11 pmPresent: Sh. Ritendra Singh, Ld. APP for the State.
Sh. A K Sherawat Counsel for accused with all three accused.Bail bond of accused Harbhajan furnished considered and rejected.Bail bond of accused Saroj furnished considered and rejected.Bail bond of accused Rajkumar not furnished.Counsel seeks further time for furnishing of bail bond and advancing
arguments on charge.On request time is given. Written arguments be also filed for the
NDOH.To come up on 05.05.2016 for arguments on charge/furnishing of bail
bond.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 320/15STATE Vs. SHAMIM KHAN & ORS. Sangam Vihar19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.Sh. M Naushad Counsel for complainant with complainant. Sh. Mohd. Sazzad proxy Counsel for accused with accused Mushtak and
Istayak.
An application for exemption of accused Shamim filed. Application perused and considered. For the reasons stated therein, the application for exemption from
personal appearance of accused Shamim is allowed for today only subject to production of medical certificates on the NDOH, failing which cost of Rs.2000/ shall be imposed on him. Application is accordingly disposed off.
Bail bond verification received. In view of the report bail bond of accused Mushtak and Istayak are accepted.
Passover requested by the accused. Be awaited.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016at 2.57 pmPresent: Sh. Ritendra Singh, Ld. APP for the State.
Sh. Mohd. Sazzad proxy Counsel for accused with accused Mushtak and Istayak.
It is submitted that complete set of documents have been received. To come up on 11.03.2016 for argument on charge.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 183/13STATE Vs. MULTAN@IMRAN KHAN & ORSSaket19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.
Ms. Rajkumari Ld. LAC for accused with both the accused.
Report on the summons issued to the complainant through the office of
DCP perused as per which the complainant could not be traced.
Issue summons to the PWs at Sl. No. 3,5 and 6 in the list of witnesses
for the next date of hearing.
To come up on 05.03.2016 for entire PE.
Summons be issued to the witness at Sl. No. 5 through the Medical
Superintendent (MS) concerned along with the copy of the MLC. In case, the doctor
who has prepared the MLC has left the services, MS is directed to provide his
available addresses in the records. Further, if any address of the said doctor is not
available, MS is directed to depute some other doctor who can identify signatures and
hand writing of doctor.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 175/14STATE Vs. JASPAL SINGH & OTHERS Saket19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.
Sh. Manoj Chauhan Counsel for accused with accused Jaspal, Gurdeep.
Accused Gurditt is present with proxy counsel Sh. Ajay Goswami.
Sh. R K Shukla proxy counsel for accused Vijay.
Applications for exemptions of accused Raj Singh, Krishanjeet, Surjeet,
Jasvinder and Vijay Singh filed.
Application perused and considered.
For the reasons stated therein, the application for exemption from
personal appearance of accused Raj Singh, Krishanjeet, Surjeet, Jasvinder and Vijay
Singh are allowed for today only. Application is accordingly disposed off.
Record perused.
Fresh summons be issued to PW Anna and Andrias through the
Ministry of External Affairs/ Ministry of Home Affairs alongwith authenticated
translation of the documents in terms of the previous communications for 15.07.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 351/11STATE Vs. ASHOK YADAV Sangam Vihar19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.
Sh. S Mohiuddin Counsel for accused with all three accused.
PW1 and PW2 are present.
It is stated that the matter has been compromised between the
complainant and the accused and accused seeks one opportunity to approach Hon’ble
High Court for quashing of the present FIR.
Complainant submits that she is willing to cooperate with the accused
for quashing of the present FIR.
In view of the submissions only one opportunity is given.
To come up on 05.05.2016 for receiving of quashing order if any/PE.
PW1 and PW 2 are discharged unexamined for today.
They are bound down for the NDOH.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 1180/15STATE Vs. JARIF AHMAD Ambedkar Nagar19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.Ms. Vandana Sharma ld. LAC for accused with accused produced from
JC.PW2 Ct. Monu and PW3 SI Krishan Pal are present, examined, cross
examined and discharged.On request PE is closed.To come up for recording of SA at 03.00 PM.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016at 3.51 pmPresent: Sh. Ritendra Singh, Ld. APP for the State.
Ms. Vandana Sharma ld. LAC for accused with accused produced from JC.
Sh. Ashok Kotnala and Sunil Tiwari Counsel for complainant with complainant.
Fresh V/n filed on behalf of the Complainant. Same is taken on record.Statement of Accused recorded separately U/s. 313 Cr.Pc.To come up for final arguments on 29.02.2016 at 3.00pm.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 392/1 / 14 ARCHI BHARDWAJ (DVA) Vs. MANISH KAUSHIK Malviya Nagar19.02.2016
Present: None for the aggrieved.
Sh. Sunil Devadi Counsel for respondent no.1.
Matter is listed for CE however none has appeared on behalf of
aggrieved for the same.
In the interest of justice last and final opportunity is given to the
aggrieved to lead her evidence failing which her right for CE may be closed.
To come up 09.05.2016 for CE/ appearance of aggrieved.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 172/1 / 14 MANISHA Vs. SUNIL Ambedkar Nagar19.02.2016
Present: Sh. Shamsher Ali Counsel for aggrieved with aggrieved.
Sh. Paradeep Kumar proxy Counsel for respondents with all three
respondents.
Income affidavit was filed by the respondent no.1 on 02.01.2016. Copy
supplied.
List of witnesses alongwith evidence by way of affidavit of CW Sunita,
Vijay and Akbar filed today. Copy supplied.
No evidence by way of affidavit of aggrieved have been filed with
advance copy to the respondents.
To come up on 19.04.2016 for CE.
Earlier date of 20.02.2016 stand canceled.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 299/1 / 14 PRADEEP SETHI (200) Vs. RAJNISH BHAGIRATH Malviya Nagar19.02.2016
Present: Sh. Pramod Sharma Counsel for complainant.
Sh. S K Tandon Counsel for accused with accused.
An application for exemption of complainant filed.
Application perused and considered.
For the reasons stated therein, the application for exemption from
personal appearance of complainant is allowed for today only subject to production of
medical certificate on the NDOH, failing which cost of Rs.2000/ shall be imposed on
him. Application is accordingly disposed off.
Counsel for accused submits he requires atleast 23hrs. to cross
examine the witness.
To come up on 21.04.2016 and 22.04.2016 for CE.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 110/1A / 14 RASHMI SHARMA Vs. DEEPAK SHARMA & ORS. Sangam Vihar19.02.2016
Present: Ms. Vandna Sharma Ld. LAC for aggrieved with aggrieved.
Sh. N K Sharma Counsel for respondent no.2 and 3 with respondent no.
2 and 3.
An application for exemption of respondent no.1 filed.
Application perused and considered.
For the reasons stated therein, the application for exemption from
personal appearance of respondent no.1 is allowed for today only. Application is
accordingly disposed off.
Counsel for aggrieved submits that she will file the relevant documents
with appropriate application within two days and she has already supplied advance
copy of the document to the counsel for the respondents today.
Counsel for respondents seeks adjournment due to some personal
difficulty.
Adjournment not apposed.
To come up for CE on 30.03.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 72/1 / 15 HAJRA MALIK Vs. FAROOQ MALIK Malviya Nagar19.02.2016
Present: Sh. Amit Pawar proxy Counsel for aggrieved with aggrieved.
Sh. C P Singh proxy Counsel for respondents with respondent no.1.
No vakalatnama on behalf of respondent no. 2 and 3 is on record.
Counsel undertakes to file the same on the NDOH alongwith the reply.
Reply filed on behalf of respondent no.1. Copy supplied today.
Income affidavit of aggrieved filed. Copy supplied today.
Last and final opportunity is given to the respondent no. 2 and 3 to file
their reply and to the respondent no.1 to file his income affidavit within two weeks
with advance copy to the aggrieved failing which the defence of the respondents shall
be struck off.
To come up on 22.04.2016 for arguments on interim application.
(Pooja Aggarwal)
MM02 (Mahila Court), South Saket Courts/N.D./19.02.2016
CC / 149/1 / 15 LALITA Vs. AMIT & ORS Ambedkar Nagar19.02.2016Present: Ms. Ritu Shahi Counsel for aggrieved with aggrieved.
Sh. Manoj Kumar Counsel for respondent no.1 with respondent no.1.
Sh. Avnish Mishra Counsel for respondent no.3 and proxy counsel for
respondent no. 2 with respondent no. 2 and 3.
Consolidated reply filed on behalf of all respondents alongwith income
affidavit of respondent no.1. Copy supplied.
It is submitted that the marriage between the parties is not disputed and
it is also not disputed that subsequent to the marriage the parties resided together in
the shared household. Admittedly, no child has been born out of the wedlock.
Aggrieved has alleged that the respondent no.1 is earning Rs. 20,000/
per month from a job. It is also alleged that the aggrieved is living at the mercy of
her parents.
As per income affidavit of the aggrieved Lalita, she has studied till class
10th and is presently not working. No assets have been disclosed and she has claimed
household expenses to be about Rs.5000/ per month, medical expenses to be about
Rs. 2000/ per month and litigation expenses to be about Rs.55,000/ for total
monthly expenditure of Rs. 7000/. Interestingly while in her main application
aggrieved has stated the income of respondent no.1 to be Rs. 20,000/ per month, in
the income affidavit she has reduced the same to Rs. 15,000/ per month. She has not
disclosed any bank account. Also no documents supporting the alleged expenses
claimed have been filed by the aggrieved nor has she filed any document to show the
income of respondent as alleged.
On the other hand as per the income affidavit of the respondent no.1, he
is 12th class pass working in a private job as auto driver earning about Rs. 6,500/ per
month without any persons dependent upon him. He has disclosed litigation
expenses of Rs. 5000/, monthly rent of Rs. 1500/, household expenses of about
3500/ including groceries, gas, telephone and cable/Internet charges. He has
disclosed travel expenses of Rs. 2000/per month and medical expenses of Rs. 100/
per month for total monthly expenditure of Rs. 5600/. He has disclosed one
motorcycle, TV as assets and cash in hand of Rs. 1500/. Even the respondent has not
placed on record any document to show his income or expenditure.
I have carefully considered the submissions made by Ms. Ritu Shahi,
counsel for aggrieved and Sh. Manoj Kumar, counsel for the respondent no.1 and I
have also carefully perused the material on record.
At the stage of deciding an application for grant of interim relief, there
is required to be established prima facie
•that the applicant is an aggrieved person within the meaning of Section 2(a) of the
Act
•that a domestic relationship exists between the aggrieved and the respondent within
the meaning of Section 2(f) of the Act;
•that the aggrieved and the respondent were residing together in the shared
household within the meaning of Section 2(s) of the Act
As the factum of marriage between the parties is not disputed and it is not in dispute
that aggrieved after her marriage was residing with respondents at her matrimonial
house therefore, domestic relationship and residence in the shared household prima
facie stand proved.
To ascertain whether or not the aggrieved has been subjected to
domestic violence so as to bring her within the ambit of Section 4(a) of Protection of
Women from Domestic Violence Act, 2005 as to enable her for grant of any interim
relief, it is borne in mind that the allegations and counter allegations levelled by
parties cannot be proved at this initial stage as the same is a matter of trial requiring
evidence to be led. Prima facie at this stage on the basis of the pleadings of the
aggrieved as also on the basis of the DIR on record, domestic violence is presumed to
have been inflicted upon the aggrieved by the respondent no.1. Hence, aggrieved is
entitled to claim maintenance from respondent no.1.
In the facts and circumstances of the present case, considering that the
respondent no.1 is able bodied and that it is the prime responsibility of the husband
to maintain his legally wedded wife, his income is presumed to be equivalent to a
‘unskilled worker’ and is assessed to be Rs. 8000/ to Rs. 9000/ per month as per the
notification of GNCT of Delhi. Hence, the respondent no.1 is directed to pay sum of
Rs. 2200/ to the aggrieved from the date of filing of the present application till the
pendency of the trial. Needless to mention that this includes rent towards alternative
accommodation because aggrieved despite having a right to reside in the shared
household is residing separately therefrom.
Aggrieved is directed to provide bank account details to respondent no.
1, if any, so that the interim maintenance can be deposited in the account of aggrieved
directly on or before 15th day of each English calender month. The default shall be
viewed in terms of the judgment of Hon'ble High Court in Gaurav Sondhi Vs. Divya
Sondhi – 120 DLT (2005) 426. Any maintenance that has already been ordered to be
paid shall be accordingly adjusted.
The application Under Section 23 of the DV Act is disposed off
accordingly.
Evidence by way of affidavit of all complainant’s witnesses alongwith
list of witnesses be filed on the NDOH with advance copy to the respondents.
Matter to come up for CE for 04.04.2016 and 05.04.2016.
Copy of order be given dasti to both the parties, after due receiving.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 468/1 / 14 PARWATI Vs. JAI SINGH & ORS Sangam Vihar19.02.2016
Present: Sh. Arun Kumar proxy Counsel for aggrieved with aggrieved.
Sh. R B Bhargav Counsel for respondents with respondent no.1.
Fresh income affidavit of respondent no.1 filed. Copy supplied today.
It is already 01.33 PM.
To come up on 04.04.2016 for arguments on interim application.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 6/1 / 14 SMT SANGEETA CHOPRA Vs. SANDEEP CHOPRA Hauz Khas19.02.2016
Present: Sh. Wajid Ali Counsel for aggrieved with aggrieved.
Sh. Ashutosh Jha Counsel for respondent with respondent.
Matter could not be settled in mediation.
Record perused.
No separate reply has been filed by the respondent to the interim
application who stakes that he wishes to rely on the reply and document filed
alongwith main application.
Adjournment requested by the aggrieved for advancing arguments on
interim application.
Adjournment request not opposed.
On request to come up for arguments on interim application on
04.05.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 294/1 / 14 SUBHA AGGARWAL Vs. SATISH AGGARWAL & ORS.Safdarjung Enclave19.02.2016
Present: Aggrieved in person.
Sh. Suresh Sharma Counsel for respondents.
Copy of income affidavit of respondent no.1 supplied to the aggrieved
today from the court file.
Counsel for aggrieved is stated to be on his way from High Court.
Oral exemption requested on behalf of respondent no. 1 stating that he
is not well.
For the reasons stated, the personal appearance of respondent no.1. is
allowed for today only subject to production of medical certificate on the NDOH,
failing which cost of Rs.2000/ shall be imposed on him.
To come up for arguments on application for dismissal/ interim relief on
11.05.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 257/1 / 14 RASHMI DANG (DVA) Vs. JAYANT DANG Malviya Nagar19.02.2016
Present: Sh. Nishant Kumar Srivastva Ld. LAC for the aggrieved with aggrieved.
Ms. Vandana Sharma counsel for respondent.
The aggrieved is directed to take steps to specify all the documents
relied upon by her.
To come up on 14.03.2016 for further proceedings.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 21/1 / 15 SEEMA Vs. RAM KUMAR Malviya Nagar19.02.2016
Present: Sh. Rahul Jain proxy Counsel for Ms. Deepka Rawat Ld. LAC for aggrieved.Respondent is exparte.Aggrieved submits that she has no objection if Sh. Rahul Jain advances
arguments and she does not wish to apply for a new legal aid counsel.Exparte final arguments heard.To come up for clarification/orders on 29.02.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 175/13STATE Vs. DASHRATH Sangam Vihar19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.
Ms. Kavita Ld. LAC for accused with accused produced from JC.
Final arguments heard. Written arguments has also been filed by the
accused. Taken on record.
To come up for clarifications/order on 22.02.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC No. 7/1Divya V SachinPS Malviya Nagar19.02.2016File taken up on an application for remove of passport and laptop.
Present: Aggrieved in person.Sh. Jitender Chaudhary Counsel for respondent no.1 with respondent no. 1.Respondent no.1 submits that he does not have laptop or the passport.
He however submits that he has the car Swift LDI which he is willing to hand over to the aggrieved.
One set of the keys and documents handed over by the respondent no.1 to the aggrieved today in court. Since, the respondent no.1 has denied having the laptop and passport, the same becomes the matter of trial and cannot be decided at this stage.
To come up for the purpose fixed on date fixed i.e. on 23.03.2016.Reply, if any be filed by the respondent on the NDOH with advance
copy to the aggrieved.Respondent no. 1 is directed to file his income affidavit with advance
copy to the aggrieved in terms of judgment of the Hon’ble Delhi High Court in Kusum Sharma Vs. Mahender Kumar Sharma dated 14.01.2015 along with all the relevant documents on the NDOH with advance copy to the respondent.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 739/15State V Pankaj PS Sangam Vihar19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.
Sh. Shamsher Ali advocate (enrollment no.D/1146/98) on behalf of
complainant with complainant.
Memo of appearance on behalf of complainant be filed during the
course of the day. V/n be filed within two days.
Status report has been received from ASI Dharmveer Singh duly
forwarded by SHO. Report perused.
Copy of status report supplied to the complainant.
In view of the report, the present application stands disposed off.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 371/14State V Shiv Kumar PS Ambedkar Nagar 19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.
Ms. Anita Sharma proxy counsel for complainant.
No status report has been received and it is stated that steps were not
taken by the complainant for the same.
Requisite steps be taken today itself.
SHO to report for 24.02.2016 at 02.00 PM.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC No. 42/1Shabnam V ShaqeelPS Ambedkar Nagar19.02.2016Fresh application u/s. 12 of Protection of Women from Domestic Violence Act received by way of assignment from the Court of Ld. Chief Metropolitan Magistrate (South), Saket Courts, New Delhi. It be checked and registered as per rules.Present: Sh. Ravi Shankar and Mohd. Musabbir Ansari Counsel for aggrieved
with aggrieved.Record perused.
Income affidavit of aggrieved filed. Taken on record Allegations of domestic violence have been made against respondent
no.13. Prima facie there is sufficient material to indicate existence of domestic relationship and shared household of the aggrieved with the respondent no13.
However, no shared household can be said to be in existence of the aggrieved with respondent no. 49 as in the pleading and also in the court today the aggrieved has stated that only respondent no. 1,2 and 3 resided in the shared household and the other respondents used to visit frequently as they resided in the neighborhood and hence the summoning of respondent no. 49 is declined.
Accordingly, issue notice of the applications to the respondent no.13 on filing of PF /RC/speed post returnable on 29.03.2016.
Notice be issued to the Protection Officer on filing of PF for filing of DIR.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC No. 43/1Nisha V VijayPS Sangam Vihar 19.02.2016Fresh application u/s. 12 of Protection of Women from Domestic Violence Act received by way of assignment from the Court of Ld. Chief Metropolitan Magistrate (South), Saket Courts, New Delhi. It be checked and registered as per rules.Present: Sh. Ayub Khan Counsel for aggrieved with aggrieved.
Income affidavit is on record.
Heard. Record perused.
Allegations of domestic violence have been made against respondent
no.14. Prima facie there is sufficient material to indicate existence of domestic
relationship and shared household of the aggrieved with the respondent no.14.
Accordingly, issue notice of the applications to the respondent no.14 on
filing of PF /RC/speed post returnable on 26.02.2016.
Notice be issued to the Protection Officer on filing of PF for filing of
DIR.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC No. 44/1Neha V YadvinderPS Malviya Nagar19.02.2016Fresh application u/s. 12 of Protection of Women from Domestic Violence Act received by way of assignment from the Court of Ld. Chief Metropolitan Magistrate (South), Saket Courts, New Delhi. It be checked and registered as per rules.Present: Sh. M L Chaudhary Counsel for aggrieved with aggrieved.
Income affidavit is on record.
Heard. Record perused.
Allegations of domestic violence have been made against respondent
no.13. Prima facie there is sufficient material to indicate existence of domestic
relationship and shared household of the aggrieved with the respondent no.13.
Accordingly, issue notice of the applications to the respondent no.13 on
filing of PF /RC/speed post returnable on 22.03.2016.
Notice be issued to the Protection Officer on filing of PF for filing of
DIR.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC No.40/1Tabasum V Mohd. RizwanPS Sangam Vihar19.02.2016
Present: Sh. Mahinder Pratap counsel for the aggrieved with aggrieved.
Ms. Preeti Mudgal, Protection Officer is present.
DIR has been filed. Taken on record.
Income affidavit filed by the aggrieved. Taken on record.
Allegations of domestic violence have been made against respondent no.
1. Prima facie there is sufficient material to indicate existence of domestic
relationship and shared household of the aggrieved with the respondent no.1.
However, the existence of shared household qua respondent no. 2 and 3
is not clear. Aggrieved is directed to advance submissions on the same on the NDOH.
Accordingly, issue notice of the applications under D.V. Act to the
respondents no.1 on filing of of PF /RC/speed post returnable on 09.03.2016.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR No.42/10State V Imtiaz PS Hauz Khas19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.
Accused is present.
On a court query the accused has not been able to satisfy the court that
he understands the contents of the application for plea bargaining as filed by him or
he understands the nature or extent of punishment provided. In these circumstances
the application for plea bargaining is dismissed.
File be sent back to the court of Ld. CMM (South) today itself for
further orders.
Ahlmed is directed to sent the file immediately complete in all
respects.
Accused is directed to appear today itself before the Ld. CMM, South at
03.00 PM for further orders.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
19.02.2016
Present:
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
19.02.2016
Present:
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
19.02.2016
Present:
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
19.02.2016
Present:
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
19.02.2016
Present:
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
19.02.2016
Present:
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
19.02.2016
Present:
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
19.02.2016
Present:
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
19.02.2016
Present:
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 2144/15State V Mohd. AsifPS Malviya Nagar19.02.2016
File taken on an application for grant of bail.
Present: Sh. Ritendra Singh, Ld. APP for the State.
Sh. A A Madni Counsel for accused.
An application for grant of bail was filed on 18.02.2016.
Counsel for accused submits that he does not wish to press the
application at this stage and wishes to withdraw the same.
In view of submissions the present application is permitted to be
withdrawn.
Application is disposed off as withdrawn.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR 775/05STATE Vs. SUBE SINGH Malviya Nagar19.02.2016
Present: Sh. Ritendra Singh Ld. APP for State.
Sh. Jitender Verma, advocate ( enrollment no. D897/2006 ) on behalf of
complainant.
Accused Adesh is present. Memo of appearance on behalf of
complainant be filed during the course of the day. V/n be filed on the NDOH.
Sh. Jitneder Verma has placed on record a computer generated copy of
order dated 23.11.2015 passed by Hon’ble Delhi High Court wherein interim order
has been directed to be continued. However the counsel has not appraised the court as
to which interim order has been continued. He is directed to place on record certified
copies of the orders of the Hon’ble Delhi High Court.
It is stated that the matter is listed before the Hon Delhi High Court on
22.04.2016. In view of the same to come up for 05.05.2016 for PE/ further
proceedings.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
CC / 189/1 / 15 SUMAN LATA & ANR. Vs. DAVINDER KUMAR Hauz Khas19.02.2016
Present: None.
From material on record it is not clear as to whether on date of filing of
the present case the aggrieved was residing within the territorial jurisdiction of this
court. Aggrieved is directed to be present in person for the NDOH.
To come up on 05.03.2016 for appearance of aggrieved/clarifications.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
FIR No. 137/16PS Safdarjung EnclaveState V Rahasaya Bihari19.02.2016
Present: Sh. Ritendra Singh, Ld. APP for the State.
Sh. S K Sharma Counsel for accused with surety.
Bail bond verification report received.
Report perused.
The submissions of the surety have been heard.
The bail bonds as furnished are rejected.
(Pooja Aggarwal) MM02 (Mahila Court), South
Saket Courts/N.D./19.02.2016
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