Court : Mumbai Aurangabad
..... dispute that, the applicant herein has filed criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad on 22nd july, 2011 and those ..... criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, ..... prior to filing this miscellaneous civil application, the respondent has filed proceedings bearing miscellaneous criminal application no.113 of 2012, before the principal seat of this court for transfer of proceedings from aurangabad to panvel court, but the applicant only with a view to counter blast the miscellaneous criminal application no.113 of 2012, has filed the present miscellaneous civil application by suppressing ..... with suppression of certain material facts or information, the proceedings are required to be rejected, the learned counsel for the respondent pressed into service the reported judgment of the supreme court in the case of oswalfats and oils ltd. vs. ..... the learned counsel for the applicant has rightly pressed into service the reported judgment of the supreme court in the case of sumita singh (supra), in paragraph no.3 of the said judgment, the supreme ..... the applicant pressed into service the exposition of the ..... this date, there was no notice of service on the applicant and the applicant sou .....
Tag this Judgment!Court : Mumbai Aurangabad
..... dispute that, the applicant herein has filed criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad on 22nd july, 2011 and those ..... criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at ..... prior to filing this miscellaneous civil application, the respondent has filed proceedings bearing miscellaneous criminal application no.113 of 2012, before the principal seat of this court for transfer of proceedings from aurangabad to panvel court, but the applicant only with a view to counter blast the miscellaneous criminal application no.113 of 2012, has filed the present miscellaneous civil application by suppressing ..... with suppression of certain material facts or information, the proceedings are required to be rejected, the learned counsel for the respondent pressed into service the reported judgment of the supreme court in the case of oswalfats and oils ltd. vs. ..... the learned counsel for the applicant has rightly pressed into service the reported judgment of the supreme court in the case of sumita singh (supra), in paragraph no.3 of the said judgment, the supreme ..... the applicant pressed into service the exposition of the ..... this date, there was no notice of service on the applicant and the applicant sou .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the proceedings filed under the provisions of the protection of women from domestic violence act, 2005 (for short "domestic violence act"), direction is given against the present petitioner, husband to return dahej (jahez) articles to the respondent or to pay rs.2,00,000/- in lump sum towards the price of those articles to the present respondent. 3. ..... this court has no hesitation to hold that section 20(1)(c) of the domestic violence act can be used in a case like present one. ..... the court held that provisions of section 12, 16, 20 and 22 of domestic violence act were not available to the wife. ..... section 2(g) shows that the meaning given in section 3 of the domestic violence act needs to be considered. ..... - (1) while disposing of an application under sub-section (1) of section 12, the magistrate may direct the 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 include, but is not limited to,- (a)................ (b)................ ..... to ascertain as to whether even after the dissolution of the marriage, proceeding can be filed, the scheme of the domestic violence act needs to be seen and particularly definitions of "domestic relationship" given in section 2(f) and "shared household" given in section 2(s) of the act needs to be considered. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... person" is given in section 2(a) of protection of women from domestic violence act, 2005 which is as under: "2(a) "aggrieved person" - means any woman who is, or has been in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent; 5 ..... in section 2(f) of protection of women from domestic violence act, 2005, definition of "domestic relationship" is given as under : "2(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, ..... filed for some reliefs under the protection of women from domestic violence act, 2005, by respondent no.1. 2. ..... " the definition of "domestic violence" is given in section 3 of the said act as under : "3) definition of domestic violence - for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) harms or injures or endangers the health, safety, life, limb or well being whether mental or physical of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal ..... explanation ii - for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be .....
Tag this Judgment!Court : Mumbai Aurangabad
..... she had applied to the learned chief judicial magistrate, osmanabad for maintenance and consequential benefits under the provisions of section 12 of the protection of women from domestic violence act, 2005 (for short, the dv act). ..... " 7) section 20 contemplates monetary relief to the aggrieved person as a result of domestic violence. ..... naturally, the whims of the husband/respondent would not be permitted to deflate the provisions of the dv act, which provides a room to claim maintenance, notwithstanding the effect of section 4 of the muslim women (protection of rights on divorce) act, 1986. ..... 8) thus cumulative effect of these provisions illustrate, even if remedies are a available under section 4 of muslim women (protection of rights on divorce)act, 1986, it will not obliterate and defuse the provisions of section 12 of the dv act for a wife to stake claim. ..... 3) the learned chief judicial magistrate allowed the application and directed the respondent and his parents not to cause domestic violence to the petitioners. ..... 5) section 12 of the dv act provides the avenues to aggrieved person for rights. ..... 3) a divorced muslim woman who has not remarried and who is not able to maintain herself after iddat period can proceed as provided under section 4 of the act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death according to muslim law from such divorced woman including her children and parents. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is also relevant to mention that the proceedings under section 12 of the protection of women from domestic violence act, 2005 has been initiated by the wife in the year, 2005 and neither name of the petitioner is mentioned nor any specific role is attributed to her in the said proceedings. ..... in the light of the discussion in foregoing paragraphs, the chargesheet and the proceedings of sessions case no.255/2014 pending before the court of sessions, aurangabad for offences punishable under sections 307, 498a, 323, 506 r/w 34 of the penal code arising out of crime no.i-13/2013 registered with police station midc aurangabad stand quashed and set aside as against the petitioner. ..... in that view of the matter, in our opinion, further proceedings of sessions case no.255/2014 pending before the court of sessions, aurangabad for offences punishable under sections 307, 498a, 323, 506 r/w 34 of the penal code arising out of crime no.i-13/2013 registered with police station midc aurangabad as against the petitioner, will be an exercise in futility and abuse of process of court. ..... where there is an express legal bar engrafted in any of the provisions of the code or the concerned act, (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provisions in the code of the concerned act, providing efficacious redress for the grievance of the aggrieved party. 7. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the proceeding is filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred as the act). ..... in the proceeding, filed under section 12 of the act, the wife, respondent has claimed the reliefs like compensation/ damages of rs.5 lakhs, make arrangement of separate residence at aurangabad or to pay rent for the same, not to commit domestic violence against her, pay to her monthly maintenance of rs.25,000/- etc ..... the provision of section 12(5) of the act shows that such proceeding is expected to be decided within a period of 60 days from the date of its first hearing ..... in the main matter, proceeding filed under section 12 of the act, examination in chief, by way of affidavit was filed by the wife on 31st january, 2013 ..... the husband wanted to examine one shri jain who had acted as mediator in the marriage, one tour operator of the tourist company with which this couple had gone to various stations on honeymoon tour and a witness to prove list of gift articles ..... interim maintenance of rs.5,000/- per month was granted from the date of the application till the final disposal of the matter by the court, by order dated 10th january, 2013 ..... the aforesaid circumstances show that husband acted mischievously and he took all possible steps to see that the hearing is protracted and the wife does not get anything ..... statement was made by the learned counsel for the wife, in this proceeding, that till today the wife did not receive a single pie from that amount. 4. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the application is filed for transfer of criminal case no.9 of 2011 filed under section 12 of the protection of women from domestic violence act 2005, by the present respondent. ..... though it is true that the judge will not get influenced only because his staff, is involved as party to the proceeding, this circumstance needs to be considered from the view point of other side and the judge is required to step in the shoes of the party and then think about the matter. 4. ..... the new court is to take care and see that, in any case, the main matter itself is disposed of within three months from the date of receipt of this order. ..... , within 15 days from today. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... had also initiated proceedings under the provisions of protection of women from domestic violence act, 2005 etc. ..... the learned trial court rendered findings that the appellant is not entitled for relief of custody claimed under section 25 of the act of 1890 and rejected the petition by impugned judgment and order, which is agitated in this appeal. ..... but, the law contemplates that while determining issue of custody of minor child under section 25 of the act mere status of father as natural guardian would not itself be significant for favourable order in ..... provisions of section 354 of mohammedan law provides disqualification of mother to custody of the child on the ground of her remarriage with ..... it is worth to mention that principle propounded in sections 352 and 354 of the mohammedan law could not be read in isolation, but it should be conjointly considered with provisions of the guardians and wards act, 1890, which vests discretion in the court to issue requisite directions about custody for well beings of the ward ..... admittedly appellant filed application under section 25 of the act of 1890, which would read as under ..... the words "may make an order" incorporated in aforesaid provision of section 25, itself demonstrate that enquiry should be held by the court before passing any order for custody of ..... to attend the place of his service at manwat daily by traveling from his residence at parbhani. ..... appellant was in service as headmaster in the school ..... family members are in government service. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in dispute that the proceedings which are initiated by the applicant under the provisions of protection of women from domestic violence act, 2005, at aurangabad, and the respondent has attended and participated in those proceedings. ..... invited my attention to the averments in the application and in particular paragraphs 6 to 10 of the application and submitted that the respondent is attending the proceedings filed by the applicant under the provisions of protection of women from domestic violence act, 2005 in the court of learned j.m.f.c. ..... certain relief under the provisions of protection of women from domestic violence act, 2005 in the court of learned j.m.f.c ..... is mental and physical harassment to the respondent-husband at the hands of the applicant-wife and her family members, as stated in detail in written statement, filed in the proceeding initiated under the provisions of protection of women from domestic violence act, 2005 i.e. m.a. ..... the learned counsel appearing for the respondent relying upon the affidavit in reply, submits that there are threats to the respondent from the applicant and her relatives and if the respondent comes at aurangabad for attending the proceedings, there is danger to his life ..... direct the respondent to pay rs.2000/- and rs.1000/- in alternate to provide rented room for applicant and her son viraj as interim measurement. ..... jurisdiction to decide the proceeding initiated by the respondent under section 13(1)(i-a) (i-b) of the hindu marriage act, 1955. .....
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