Court : Mumbai Goa
..... 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 ..... 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 ..... paragraph 98 of the matrimonial petition no.20/2009, gaurav has himself stated that when he and radhika resided together, he would provide radhika any sum of money as and when she required for her personal ..... section 3((b)(i) of the hindu adoption and maintenance act, 1956 provides that maintenance includes provision for food, clothing, residence, ..... gaurav himself has stated that he along with radhika resided in germany for a period of 2 to 3 years after the marriage, though he added that there he had taken up the task of setting up a marketing and distributing company for the ..... manner, by giving a life interest in property for the purposes of residence, that provision is made in lieu of a pre-existing right to maintenance and the hindu lady acquires far more than the vestige of title which is deemed sufficient to attract section 14(1). .....
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/dva/2010/c. ..... , 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, is maintained. ..... the 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 family. ..... , the father and brother of the complainant came to the house and took her to the closest government hospital near the matrimonial house and after treatment she came to her parents and has been residing in her parental house at vasco being unable to bear physical and mental torture. 5. ..... after the marriage, the complainant was residing at the marital abode at gharaunda karnal, haryana, but after a period of 3 to 4 days of the marriage, there was a sudden change in the attitude of the respondent no.1 and the respondent no.1 told the complainant that he will keep the ..... the respondents are permanent resident of haryana and the respondent no.1 is working as a professor in kurushetra university in mass communication department and is drawing salary of rs.40,000/- per month. .....
Tag this Judgment!Court : Mumbai Goa
..... , 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 ..... also filed an application under section 23 of the protection of women from domestic violence act. 3. ..... advanced on behalf of the respondent is that after he took away the child on 25th may, 2011, the petitioner, instead of coming to the house of the respondent where he is residing with his mother has chosen to go to the police and file complaint against the respondent ..... prior to that she had called her mother-in-law at her residence at tuem but the mother-in-law refused to give any information about the whereabouts of the respondent ..... 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 ..... 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 ..... the respondent did not comply with the order and challenged the same before the court of sessions by way of criminal appeal ..... . the interference with the order by the sessions court was neither justified ..... of the appellate court at para 21 of its order are as follows : "21. .....
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 ..... impugned 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. ..... as the residential accommodation at mapusa is concerned, 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. ..... akar heights and would be occasionally coming to india and temporarily occupying such residence, i find that the said part of the order can be set aside, at this stage. 10. ..... 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 of ..... the order was modified on finding that the respondent was not shown to have resided in the shared household at akar heights and she is required to come to india and occupy the residential premises temporarily for a .....
Tag this Judgment!Court : Mumbai Goa
..... the petitioner filed 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 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, was maintainable. ..... he pointed 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. ..... the application under section 12 of the domestic violence act was filed before the trial magistrate on 11/12/2007 when the marriage was subsisting but when the petitioner was already residing at her maternal house. ..... since she was forced out of the matrimonial house, the petitioner sought to invoke the provisions of the domestic violence act and specially section 17 thereof claiming right to reside in the shared household. ..... bharati naik (supra) the petitioner, even after annulment of marriage, was residing in the shared household, that does not mean that staying in the shared household, even after annulment of marriage or after divorce, is condition precedent to become entitled to the reliefs under the domestic violence act. .....
Tag this Judgment!Court : Mumbai Goa
..... 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 ..... is admitted position that the revision petitioner has been residing separately from her husband who is not a party to the present ..... 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 ..... 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. ..... 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 ..... 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 .....
Tag this Judgment!Court : Mumbai Goa
..... filed by the applicant under section 12 of the protection of women from domestic violence act, 2005 (the act? ..... 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 ..... 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. ..... (supra), the hon'ble apex court has held thus: as regards section 17(1) of the act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a 'shared household' would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which ..... the order regarding monetary relief to the applicant and regarding the residence, ..... send a copy of the order for monetary relief made under subsection (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides. .....
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
..... 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. ..... for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by ..... section 20(1)(d) of the act of 2005 would make it clear that the maintenance which can be granted under the act of 2005, can be in addition to an order of maintenance under section 125 of the code of criminal procedure or any other law for the time ..... the magistrate under this act shall be set off against the amount payable under such decree and the decree shall .....
Tag this Judgment!Court : Mumbai Goa
..... 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. ..... on hearing the learned counsel for the parties and the perusal of the impugned orders, it appears that the main application as well as the application for interim relief is still pending before the learned ..... i find that the situation which would emerge on the basis of the orders passed is that the application for interim relief would be decided on a given set of pleadings, which may not be the same as may be available, while deciding the main ..... appears that on 18.03.2014, the applicants filed an application (exhibit d-11) for amendment of the reply and yet another application (exhibit d-12) for postponement of the order on interim relief, till the application for amendment is decided. ..... 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. ..... is submitted that the learned sessions judge was in error in interfering with the said order in the absence of any material irregularity. 7. ..... submitted that thus, the learned magistrate was justified in passing the order, allowing the reply to be placed on record. ..... that as it may, the learned magistrate by an order dated 20.03.2014, directed that the application for amendment ..... d-11 would be decided after order is passed on interim relief .....
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