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? ..... considering the entire material on record, the learned trial magistrate, by order dated 16.01.2012, held that prima facie it was shown that the applicant and the opponent are in domestic relationship with each other and that the applicant has been subjected to domestic violence by the opponent. ..... (6) upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the magistrate may direct the employer or a debtor of the respondent, to directly pay the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, ..... any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to, - (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to any order of maintenance under section 125 of the code of criminal procedure, 1973 (2 of 1974 ..... in view of the discussion supra, i hold that the part of the order insofar as grant of monetary relief of rs.1,000/- per month, each to the children of the applicant is concerned, is liable to be quashed and set .....
Tag this Judgment!Court : Mumbai Goa
..... on 14/05/2009, the 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 maintenance of herself and the two minor children. ..... the petitioner shall pay to the respondent the amount of interim maintenance as directed by the trial court, vide the impugned order, by adjusting the amount of rs.50,000/- per month granted to the respondent under the domestic violence act, which is already paid as from 09/06/2011 and which would be paid, hereinafter. ..... admittedly since may 2009, gaurav has been paying to radhika, an amount of rs.50,000/- in terms of the order passed under the domestic violence act, for upkeep of radhika and minor children. ..... the part of the impugned order, which excludes the amount of rs.50,000/- granted under domestic violence act, is quashed and set aside. ..... in view of all that is discussed above, except for not allowing adjustment of rs.50,000/- as above, it cannot be said that there has been a patent perversity in the impugned order of the trial court or that there has been a gross and manifest failure of justice or the basic principles of natural justice have been flouted, while determining the amount of interim maintenance and expenses of litigation. .....
Tag this Judgment!Court : Mumbai Goa
..... 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. ..... (a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the ..... that if a woman is deprived of any economic or financial resources to which she is entitled reliefs under the law, or custom whether payable under the order of the court or otherwise, to her as an aggrieved person out of necessity can be granted. ..... the said criminal revision application was allowed and the order passed by the learned jmfc upholding maintainability of the complaint under the ..... contra, the learned senior counsel for the respondent husband submitted that the order passed by the sessions judge is correct and should be maintained. ..... the time of granting decree of divorce, the learned judge did not pass any order of maintenance, as it was not prayed for at the relevant time. ..... however, unfortunately, the parties were divorced by the order of the court dated 24/2/2010 passed in matrimonial petition no.43/2009/a by the civil judge senior division, .....
Tag this Judgment!Court : Mumbai Goa
..... an application in the prescribed form i and ii under section 12 of the protection of women from domestic violence act, 2005 ('the domestic violence act', for short) alleging domestic violence and sought protection order as also monetary benefits by way of maintenance of rs. ..... it is, however, further held in the aforesaid case that section 2(f) of the domestic violence act embraces a wider concept by affording protection not only to legally wedded wife but also to a woman who is having domestic relationship which may not strictly be marriage but is in the nature ..... out that the petitioner did not pray for residence order, though under section 17 of the domestic violence act, a woman in domestic relationship has a right to reside in shared household ..... it has been held that a relationship in the nature of marriage is akin to a common law marriage which requires, in addition to proof of the fact that parties had lived together in a shared household as defined in section 2(s) of the domestic violence act, the following conditions to be satisfied: (a) the couple must hold themselves out to society as being akin to spouses; (b) they must be of legal age to marry; (c) they must be otherwise qualified to enter into a legal marriage, including being ..... it was held that the application under section 12 of the domestic violence act, at the instance of the petitioner, in respect of the alleged acts of domestic violence which took place when she had resided with the respondent, prior to 26/10/2006 .....
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 of litigation and ..... judgment, 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. ..... it is submitted by shri lotlikar, the learned senior counsel for the petitioner that the order as regards grant of interim maintenance at the rate of rs.38,000/- is total arbitrary and illegal, particularly, in the absence of any material to show the income ..... that although, the petitioner is in real estate business, in a suit filed by the respondent, there is an order by which the petitioner is restrained from transferring or creating third party interest in various properties, as a result of which, the petitioner is precluded from doing his business. ..... it is submitted that once, the learned sessions judge has found that the respondent never resided in the shared household and she only occasionally comes to india and would be temporarily occupying such premises, no order directing provision of residential accommodation at mapusa, could have been granted. 6. ..... by this petition, the original respondent is challenging the judgment and order dated 18.02.2015, passed by the learned additional sessions judge in criminal .....
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. ..... hence, by consent of the learned counsel appearing for the respective parties, 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. ..... 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. ..... the above petition challenges the order passed by the learned j.m.f.c. ..... 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. ..... hence, by consent of the learned counsel appearing for the respective parties, 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. ..... 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. ..... the above petition challenges the order passed by the learned j.m.f.c. ..... 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
..... filed criminal miscellaneous application no.159/2009/a before the judicial magistrate, first class, mapusa under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 ('the act' for short). ..... shall decide as to the date from which the order shall come into effect inasmuch as learned magistrate had not stated as to the date from which the order shall come into effect. 9. ..... the respondent had also filed criminal writ petition no.27/2010 challenging the order passed by the sessions court, but the respondent had withdrawn the ..... by this petition, the petitioner takes exception to the judgment and order dated 04/01/2010 passed by learned sessions judge, north goa, panaji dismissing criminal appeal no.113/2009 and partly allowing criminal appeal no.124/2009 against the judgment and order dated 04/08/2009 passed by learned judicial magistrate, first class, mapusa in criminal miscellaneous application no.159 ..... learned magistrate, upon appreciation of the materials placed by both the sides, by order dated 04/08/2009 granted an amount of rs.50,000/- per month in favour of the petitioner and two minor ..... as stated above, the said order was challenged by both the parties by filing the ..... remand the matter with a direction to the lower appellate court to reappreciate the evidence led by both the parties in relation to claim made by the respondent/ complainant and decide whether interference is warranted with the order passed by learned magistrate. 8. .....
Tag this Judgment!Court : Mumbai Goa
..... 4 herein in the court of judicial magistrate first class, ponda, under section 12 of the protection of women from domestic violence act, 2005 (herein after referred to as the act ). ..... she has also filed an application for protection orders under section 19 to restrain the respondents and her husband from causing any domestic violence to her and to her child and to restrain them from dispossessing her or obstruct her from entering the matrimonial home at borivali, as also to restrain respondent no.2 from alienating or encumbering the residential house at borivali without intimation to her, selling or mortgaging her jewellery in the custody of respondent no.2 and for ..... also contended that since the petitioner had been residing separately from her husband and other family members since the year 2004, there was no question of granting any protection order. ..... with the assistance of the counsel for both sides, i have gone through the order of the trial court on the application at exhibit 6 and the order of the sessions court in the appeal preferred therefrom, as also the complaint filed by the ..... the sessions court in its well reasoned order noted that the complaint herein was initiated by the petitioner subsequent to the proceedings for divorce filed by the husband in ..... the trial court by its order dated 13th may, 2009 rejected the application at exhibit 6 holding that the complaint filed by the petitioner herein makes out a prima facie case to proceed against the respondents and that the .....
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. ..... oral judgment: this revision application is directed against the order dated 30th january, 2012 by which the criminal appeal preferred by respondent no.1 herein against interim order dated 28th november, 2011 passed by the judicial magistrate first class, 'c' court, mapusa, granting interim custody of the girl child aged 5 years to the petitioner was allowed ..... the learned judicial magistrate first class, mapusa, by the order dated 28th november, 2011 directed the respondent to hand over the custody of the child to the petitioner ..... the respondent did not comply with the order and challenged the same before the court of sessions by way of criminal appeal no.146/2011 ..... . the interference with the order by the sessions court was neither justified nor called ..... the respondent is alleged to have been running away from his creditors and for that purpose has been changing his residence ..... . 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. ..... the relevant observation of the appellate court at para 21 of its order are as follows : "21. .....
Tag this Judgment!