Court : Mumbai Aurangabad
..... because the respondent has uncle residing at khamgaon, she appears to have gone there and filed the proceedings under the protection of women from domestic violence act, 2005. ..... only reason for filing the case there is stated to be based on the strength of section 27(1)(a) of the protection of women from domestic violence act, 2005. ..... only basis for filing the proceeding at khamgaon is the provision of section 27(1) (a) of the protection of women from domestic violence act, 2005. ..... the question of jurisdiction is to be decided on the basis of section 27 (1)(a) of the protection of women from domestic violence act, 2005. ..... in january, 2012, the respondent filed case under section 125 of the criminal procedure code at khamgaon, then she filed fir at under section 498a at jamner in september, 2012 (where it is submitted she was staying when she filed fir) and now she has filed proceedings under domestic violence act at khamgaon on 8th october, 2013. ..... apart from the above, under section 407 of the criminal procedure code, when it appears to the high court that order of transfer is required, which will tend to general convenience of the parties or witnesses or is expedient for the ends of justice, the matter can be transferred. ..... this order under section 125 shows that the proceedings under section 125 of the criminal procedure code were filed at khamgaon on 02.01. ..... copy of the order under section 125 of the criminal procedure code which has been tendered is taken on record and marked y for .....
Tag this Judgment!Court : Mumbai Aurangabad
..... maintenance proceeding filed by sonali , so also, the proceeding under protection of women from domestic violence act, 2005. ..... of minor victim pw 10 came to be recorded after examining her competency to testify in terms of provisions of section 118 of the indian evidence act by putting her some preliminary questions in order to understand whether she is in a position to give rational answers to those questions because of her tender age. ..... the interest of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white-collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest. 31. ..... of informant pw-7 manoj deore, a clerk in the office of court of metropolitan magistrate residing in government quarter at bandra alongwith his wife sonali deore. ..... of evidence of prosecution, the learned special public prosecutor passed a pursis (exh.75) on 2.1.2012 giving up prosecution witness sonali manoj deore by stating that she may not support the prosecution case and she is residing with applicant accused. ..... overbearing importance can be given to this aspect as at the relevant period, the couple was residing together. ..... mother of informant pw-7 manoj and she used to reside at nasik. ..... accompanied by her mother sonali, went to nasik at parental house of pw-7 manoj deore, where, sunanda used to reside. .....
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 learned counsel appointed by the husband submitted that the husband is not ready to make such payment and as the husband has got the order of interim maintenance in sessions court and it will be up to the sessions court to decide as to what amount needs to be given by the husband as interim maintenance. 10. ..... 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. ..... this court holds that though in the past some order was made, the husband failed to use that order and his action was not bonafide. ..... it appears that internet copy of the aforesaid order made by this court in writ petition no.426 of 2014, was submitted before the learned j.m.f.c. ..... rejected the application at exhibit-47, this order was challenged by filing writ petition no.426 of 2014. ..... as per the contentions of wife, the husband did not take steps for cross examination and ultimately on 12th june, 2013 order of "no cross" was made by learned j.m.f.c. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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 ..... the applicant was also residing in the said house ..... being dissatisfied with the said order, the applicant had filed criminal appeal no.30 of 2010 in district ..... jurisdiction to decide the proceeding initiated by the respondent under section 13(1)(i-a) (i-b) of the hindu marriage act, 1955. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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 ..... bring to the notice of this court that, the applicant has any permanent resident at mumbai and she can conveniently attend the divorce proceedings pending before the civil ..... filed the application for transfer of those proceedings from aurangabad to mumbai, however, said application is yet pending at principal seat of this court at bombay, however, the respondent has not invited any order staying aforesaid proceedings, which are pending before the ..... the record in hindu marriage petition no.8 of 2011 to the family court, at aurangabad within a period of one week from the date of receipt of this order. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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 ..... bring to the notice of this court that, the applicant has any permanent resident at mumbai and she can conveniently attend the divorce proceedings pending before the civil ..... filed the application for transfer of those proceedings from aurangabad to mumbai, however, said application is yet pending at principal seat of this court at bombay, however, the respondent has not invited any order staying aforesaid proceedings, which are pending before the ..... the record in hindu marriage petition no.8 of 2011 to the family court, at aurangabad within a period of one week from the date of receipt of this order. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the petitioner states that since shri vijay yashwant bhosale harassed the respondent no.1, the respondent no.1 invoked the provisions of the protection of women from domestic violence act, 2005 by filing criminal case no.18 of 2010 under sections 18, 19, 20, 21 of the protection of women from domestic violence act, 2005 in which the respondent no.1 impleaded the present petitioner in the capacity of friend of husband of the respondent no.1. ..... various reliefs which can be granted under the said act are as under : (a) under section 18, protection order can be passed in favour of the aggrieved person; (b) under section 19, residence order can be passed in favour of the aggrieved person; (c) section 20 provides for grant of monitory relief of maintenance, medical expenses, loss of earnings etc. ..... the first one is under section 31 which provides that for committing a breach of protection order or interim protection order, a person can be punished. ..... ; (d) section 21 confers power on the learned magistrate to pass orders regarding custody of a child; (e) section 22 confers power on the learned magistrate to pass orders regarding compensation; and (f) section 23 of the said act confers power on the learned magistrate to pass ex-parte orders granting ad-interim relief or interim relief in terms of the provisions of section 18, 19, 20, 21 and 22 of the said act. 7. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... had also initiated proceedings under the provisions of protection of women from domestic violence act, 2005 etc. ..... 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 the child ..... 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. 7. ..... he used to travel daily from the place of his residence at parbhani to place of avocation at ..... was marital discord in between the spouses and since delivery respondent - mother was residing separately with her minor son "umarkhan" from appellant-husband. ..... used to attend the place of his service at manwat daily by traveling from his residence at parbhani. ..... she had obtained divorce from second husband - shaikh javed and once again she started residing with her parents at ..... husband shaikh javed has given "talaq" to respondent, and after divorce she accompanied with her minor son "umarkhan" started residing with her parents at nanded. ..... according to respondent-mother, she is residing with her minor son "umarkhan" at her parents ..... estranged mother and her minor son started residing with her parents at nanded. ..... already mentioned that respondent-mother has been divorced by her second husband and she is residing with her parents. ..... the appellant is residing with sister and old .....
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 ..... 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 ..... 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 ..... no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code; 5. ..... it appears that the petitioner is residing at pune since the year, 2009, she has having a child of three and half years, studying in english school at pune, as contended by the ..... justifying an investigation by police officers under section 156(1) of the code, except under an order of magistrate within the purview of section 155(2) of the code; 3. ..... as also the order dated 2nd july, 2015 in criminal .....
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 ..... the court held that provisions of section 12, 16, 20 and 22 of domestic violence act were not available to the wife ..... 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. ..... in that matter, protection order was claimed when divorce was given by competent court in favour of the husband and during the relevant period of one year or immediately before filing of the application under this act, there was no conjugal relationship ..... the petition is filed to challenge the judgment and order passed in criminal appeal no.73 of 2012, which was pending in the court of 3rd additional sessions judge, aurangabad ..... as the order of return of these ornaments was made on 1st march, 2014, it can be said that the value of the ornaments was required to be ascertained as on 1st march, .....
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