Court : Mumbai Goa
..... , sanguem, dated 18.03.2010, whereby the interim relief sought by the petitioner under section 23 of the protection of women from domestic violence act, 2005, came to be dismissed. ..... shri rodrigues, learned counsel appearing for the petitioner, upon instructions from the petitioner, is agreeable to provide visitation rights to the respondent and that such visitation rights shall initially be on every working saturday in the court of the learned j.m.f.c. ..... learned counsel has also raised a grievance that the respondent has not been provided with visitation rights of the minor child. 6. ..... , i pass the following : order (i) the impugned orders passed by the courts below are modified and the respondent shall pay interim maintenance to the petitioner and her minor child at a sum of rs.6,000/- per month, from january, 2012 until the disposal of the main petition. ..... learned counsel appearing for the respondents, waives service. 3. ..... dessai, learned counsel appearing for the respondent, upon instructions, has agreed to pay a sum of rs.6,000/- per month as interim maintenance from january, 2012 onwards. ..... the amounts from january, 2012 upto july 2012 shall be paid after deducting any amount which at all paid by the respondent to the petitioner. ..... , sanguem, from 3.00 p.m. to 5.00 p.m. 7. .....
Tag this Judgment!Court : Mumbai Goa
..... , sanguem, dated 18.03.2010, whereby the interim relief sought by the petitioner under section 23 of the protection of women from domestic violence act, 2005, came to be dismissed. ..... shri rodrigues, learned counsel appearing for the petitioner, upon instructions from the petitioner, is agreeable to provide visitation rights to the respondent and that such visitation rights shall initially be on every working saturday in the court of the learned j.m.f.c. ..... learned counsel has also raised a grievance that the respondent has not been provided with visitation rights of the minor child. 6. ..... , i pass the following : order (i) the impugned orders passed by the courts below are modified and the respondent shall pay interim maintenance to the petitioner and her minor child at a sum of rs.6,000/- per month, from january, 2012 until the disposal of the main petition. ..... learned counsel appearing for the respondents, waives service. 3. ..... dessai, learned counsel appearing for the respondent, upon instructions, has agreed to pay a sum of rs.6,000/- per month as interim maintenance from january, 2012 onwards. ..... the amounts from january, 2012 upto july 2012 shall be paid after deducting any amount which at all paid by the respondent to the petitioner. ..... , sanguem, from 3.00 p.m. to 5.00 p.m. 7. .....
Tag this Judgment!Court : Mumbai Goa
..... the respondent filed proceedings under section 12 of the protection of women from domestic violence act, 2005, before the learned judicial magistrate first class at mapusa, claiming various reliefs including maintenance, cost ..... apart from the proceedings under the domestic violence act, the respondent has ..... the appeal filed by the petitioner has only been partly allowed, thereby modifying the order dated 24.07.2014, passed by the learned judicial magistrate first class, mapusa, in a case under the domestic violence act. 3. ..... respondent is required to stay with her old aged mother in south africa and looking to the expenses required, and further having regard to the fact that the husband is required to provide maintenance, so that the wife can have a comparable standard of living, the quantum of maintenance granted is legal and proper. ..... it is submitted that the learned sessions judge has rightly directed the petitioner to provide, residential accommodation at mapusa, as the respondent is required to come to india and as she is having no other relatives here ..... instead, the learned sessions judge has directed the petitioner, to provide the respondent alternate accommodation at mapusa, taking into account the standard ..... interim order dated 24.07.2014, the learned magistrate granted interim maintenance at the rate of rs.38,000/- per month, to the respondent from the date of the application, alongwith rs.6,000/- per month, towards cost of litigation. ..... learned counsel waives service for the .....
Tag this Judgment!Court : Mumbai Goa
..... respondent filed complaint against the petitioner and his parents under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 (domestic violence act, for short), claiming total sum of rs.67,500/- for ..... section 26(1) of the domestic violence act provides that any relief available under sections 18 to 22, may also be sought, in any legal proceedings before a civil court, family court or a criminal court affecting the aggrieved person and the respondent, where such proceeding was initiated before or after the commencement of this act ..... court held that in the matter of making an order for interim maintenance, the discretion of the court must be guided by the criterion provided in section 24 of the act, namely, the means of the parties and also after taking into account incidental and other relevant factors like social status; the background from which both the parties come from and the economical dependence of the petitioner. ..... , during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable: provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding shall, as far as possible, be disposed of within sixty days ..... , as mentioned in section 24 of the act, are concerned, at the time of enactment of the act, legal services authorities act was not in force which provided for free legal aid .....
Tag this Judgment!Court : Mumbai Goa
..... an application has been filed by the applicant under section 12 of the protection of women from domestic violence act, 2005 (the act? ..... learned counsel further submitted that once it is established prima facie that the applicant is the wife of the opponent or is having a relationship in the nature of the marriage with him, the opponent was supposed to provide her residence and if the said flat belongs to the son of the opponent, it is he who will have to make alternate arrangement of her stay. ..... section 20 of the act provides for granting of maintenance to the aggrieved persons and any child of the aggrieved person. ..... section 20 of the act provides as under: 20. ..... she alleges that the opponent has not been providing money for her maintenance and for the maintenance of her two children who are staying with her. ..... the opponent has specifically stated that he has been always providing money for maintenance, food, clothes, medicines etc. ..... she claims that she and her children have not been provided with clothes, food, medicines etc. ..... the opponent has duly provided proper maintenance amount, food, clothes, medicines etc. ..... according to him, he has provided proper maintenance amount, food, clothes, medicine, etc. .....
Tag this Judgment!Court : Mumbai Goa
..... the complainant had filed a complaint under section 12 of the protection of women from domestic violence act, 2005 ("the act", for short) against the respondents which came to be registered as criminal case no.27/ ..... complainant was secured with protection order under section 18 of the act and the respondents were restrained by way of injunction from committing any act of domestic violence against the applicant and her ..... , insofar as grant of protection under section 12 of the act and the restraint from committing any act of domestic violence against the complainant and her family is concerned, ..... terms of section 2(a) of the act, "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 ..... domestic violence" in terms of section 2(g) of the act, has the meaning as assigned to it in section 3 of the act ..... above, the appellate court could not have set aside the order dated 19/11/2013 insofar as the directions to the respondents no.2 to 6 to pay the amount of rs.1,00,000/- to the complainant and restraining them from committing any act of domestic violence against the complainant and her family, are concerned. 13. ..... section 3(a) of the act includes economic abuse within the meaning of domestic violence ..... view, there was ample of evidence on record that there was domestic violence meted out by the respondents as against the complainant. ..... agha waived service of notice on behalf of .....
Tag this Judgment!Court : Mumbai Goa
..... this criminal writ petition involves a question of law as to whether subsistence of marriage is sine qua non for maintainability of a complaint under section 12 of the offence under the protection of women from domestic violence act, 2005? 2. ..... thereafter, the respondent/husband stopped paying the said amount, from august 2011, the petitioner filed application under section 12 of the protection of women from domestic violence (d.v. ..... section 3 of the said act covers different types of domestic violence which is physical abuse, sexual abuse, emotional abuse and so also various types of harassment threats, endangering lives verbal and emotional abuse etc. ..... refers to section 3 of the chapter ii of the act which is captioned as domestic violence?. ..... sections 2(g) while defining the term domestic violence? ..... the act itself provides internal aid for interpretation of sections, which can be analyzed together. 9. ..... means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act; provided that an aggrieved wife or female living in a relationship in the nature of marriage may also file a complaint against the relative of the husband or the male partner.? ..... provided that an aggrieved wife or female living in a relationship in the nature of marriage may also file a compliant against the relative of the husband or the male partner. .....
Tag this Judgment!Court : Mumbai Goa
..... be that as it may, the present dispute arises out of an application under section 12 of the protection of women from domestic violence act, 2005 (the act of 2005, for short), filed by the respondent before the learned magistrate, for various reliefs under sections 18, 19, 20, 21 and 22 of the act of 2005. ..... thus, it is clear that the act of 2005 makes provision for effective protection of the rights of women, who are subjected to the acts of domestic violence, as defined in section 2(g), read with section 3 of the act of 2005. ..... the statement of object and reasons of the act of 2005 shows that the act of 2005 is enacted to provide for more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind, occurring within the family and for matter connected therewith or incidental thereto. ..... it is obvious that the act of 2005 makes provision for a summary and speedy remedy to the aggrieved person, when it provides under section 12(4) of the act of 2005 that the magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application and further section 12(5) of the act of 2005 provides that the magistrate shall endeavour to dispose of every application made under section 12(1), within a period of 60 days from the date of its first hearing. ..... shri khandeparkar, learned counsel waives service on behalf of the respondent. .....
Tag this Judgment!Court : Mumbai Goa
..... only thereafter, the petitioner filed a complaint before the protection officer in form i under the protection of women from domestic violence act, 2005 seeking custody of the daughter amongst other reliefs. ..... the petitioner also filed an application under section 23 of the protection of women from domestic violence act. 3. ..... the respondent is alleged to have been running away from his creditors and for that purpose has been changing his residence continuously. ..... . i am of the opinion, if the child is taken out from the custody of the appellant, it would be traumatic for her, she appearing to be comfortable and well looked after by the appellant." 4. mr ..... not seem to be in any way adversely affected by the absence of her mother, i would consider it appropriate that she continues to be in the custody of the appellant herein, with visitation rights to the respondent, on every saturday and sunday, from the afternoon till 6.00 p.m. the ld .....
Tag this Judgment!Court : Mumbai Goa
..... the first respondent has filed an application under section 12 of the protection of women from domestic violence act, 2005 (act of 2005, for short) for various reliefs. ..... it is submitted by the learned counsel for the petitioners that section 28 of the act of 2005 provides that the court can adopt its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23 of the act of 2005. ..... undoubtedly, section 28 of the act of 2005 provides that all the proceedings including proceedings under section 12 shall be governed by the code of criminal procedure. ..... sub-section 2 of section 28 of the act of 2005 provides that nothing in sub-section (1) of section 28 of the act of 2005 shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23. ..... later the first respondent had filed an application under section 12 (exhibit-7) on 21.12.2013. ..... the learned magistrate shall decide the application, exhibit d-11 and the application on interim relief as expeditiously as possible and preferably within a period of one month, from the receipt of this order. 10. .....
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