Court : Mumbai Nagpur
..... considering all these contentions and counter contentions, the application preferred under section 12 of the protection of women from domestic violence act, 2005 was allowed partly with direction against the petitioner requiring him to pay maintenance in the sum of rs. ..... learned advocate for the respondent submitted that there is no question of limitation as submitted by the learned advocate for the petitioner as there is continuous cause of action for a wife to claim maintenance and avail of residence and protection orders under the domestic violence act. ..... her husband, she can apply under section 12 of the act as an "aggrieved person" complainant of domestic violence and seek orders under the act i.e. ..... section 12 which require application before the magistrate for obtaining order or reliefs under the act contains proviso to the effect that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. ..... state of karnataka & anr reported in 2010 all mr (cri) journal 158 wherein it is observed that thus; "in other words if there is a domestic incident report that is received by the magistrate either from the protection officer or from the provider, then it becomes obligatory on the part of the magistrate to take note of the said domestic incident report before passing an order on the application filed by the aggrieved party. .....
Tag this Judgment!Court : Mumbai Nagpur
..... sections 17, 18 and 19 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act of 2005"). ..... ] furthermore, merely because the divorce proceedings are pending between the husband and the wife, the same cannot deprive the applicant who was allegedly subjected to domestic violence from claiming residence in the shared household in the two storeyed building consisting of about eleven rooms. ..... it is the liability of the husband to comply with the interim order passed during pendency of the main application or to provide residence to his wife, the said order being provisional subject to the final orders that will be passed in respect of the main application under the act. ..... it would be open for the parties to move for necessary alteration or modification of the interim order provided that, during pendency of the main application, necessary arrangement is made to provide residence to the applicant and her son. ..... it appears that, while the interim order was passed, it was contended before the magistrate that the shared household is three storeyed building (ground plus two); on the ground floor, non-applicants and sister of non-applicant no.1 were residing; on the first floor two tenants were residing and on the second floor, no one was residing there. .....
Tag this Judgment!Court : Mumbai Nagpur
..... an application under section 12 of the protection of women from domestic violence act, 2005 [hereinafter referred to as the act ? ..... however, surely, in the aforesaid state of affairs as observed on perusal of the record, the right of residence, which is concurrently granted by the courts below in favour of the respondent no.1 wife, cannot be defeated on such a suit filed by a third ..... of 2014 filed by the said tenant is concerned, it is to be noted that the learned trial court passed an order on 28th march, 2014, whereas the suit for perpetual injunction by said tenant arun deshmukh is filed on 14th december, ..... kulkarni challenged the order of the magistrate in granting entitlement of residence in a flat at nanded to the respondent ..... the learned counsel for the petitioner challenged such order in favour of the respondent-wife on the ground that the flat at nanded is already rented out by the petitioner to one shri arun deshmukh and he is in possession thereof and he has also filed a civil suit in ..... the said suit is filed after the order was passed by the learned magistrate against the ..... parties to the appeal, on 4th december, 2014, the learned lower appellate court confirmed the judgment and order passed by the learned magistrate by dismissing the appeal. ..... in the present writ petition is to the concurrent orders passed by learned judicial magistrate first class, zari jamni ..... 14 of 2013 together with the judgment and order passed by the learned ad hoc additional sessions judge, kelapur, in .....
Tag this Judgment!Court : Mumbai Nagpur
..... the respondent herein is the original applicant and she filed proceedings under section 12 of the protection of women from domestic violence act, 2005 (for short, ?d.v. ..... the protection of women from domestic violence act 2005 provides more effective protection of the rights of women guarantee under the constitution who are victims of violence of any kind occurring within the meaning of family and for matters connected therewith or incidental thereto. ..... clause (a) of section 2 defines aggrieved person 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; ? ..... constant contacts between them developed intimacy and in the year 1992 the appellant therein left the job and started residing with the respondent. ..... 14 of 2012, together with the judgment and order dated 27.2.2014 passed by sessions judge, buldana, in criminal appeal no. ..... before this court, the original non-applicants are assailing the correctness of the orders passed by the courts below. ..... by the present petition, the petitioners are challenging the judgment and order passed by the learned j.m.f.c. ..... (b) rest of the entire impugned order is maintained as it stands. ? ..... (a) the impugned order dated 14.10.2013 passed in misc. ..... 72/2013 stands partly allowed only to the extent of modification in prohibitory order of alienation. .....
Tag this Judgment!Court : Mumbai Nagpur
..... she also initiated proceedings under the protection of women from domestic violence act, 2005. ..... we are of the view that the cases relied upon by the learned counsel for respondent are not applicable as in the present case there is no iota of evidence to indicate that allegations made by wife in the proceedings under section 498a of the indian penal code and under the protection of women from domestic violence act were intentional, false and vexatious amounting to mental cruelty. 24. ..... coming to the last contention raised by learned counsel for respondent regarding acquittal of husband in criminal case under section 498a of the indian penal code and rejection of application filed by wife under the protection of women from domestic violence act question arises whether the allegations alone in those proceedings would help the husband to support his submission that wife treated him with cruelty. ..... not only this his evidence also indicates that he had high expectations from wife and desired that she should stay in joint family, attend the domestic work even when husband resides away at the distance of 450 kilometers from his house. ..... (b) impugned judgment and order dated 18-05-2015 passed by the family court, akola in petition no.a31 of 2014 is quashed and set aside. ..... hence we pass the following order: (a) appeal is allowed. ..... (d) in the circumstances no order as to costs. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the petitioners are seeking quashing and setting aside of the complaint filed under the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act, 2005") by the respondent together with order dated 24/7/2014 passed by the learned judicial magistrate, first class, yavatmal granting interim maintenance to the ..... woman, who is married, cannot enter into a domestic relationship as contemplated under section 2(f) of the act, 2005 and even if she establishes a long standing relationship with a man as his concubine or mistress, she would not be entitled for protection under the provisions of the act, 2005. 10. ..... from the admitted position that the respondent is a married woman, whose marriage with her husband chandan is still subsisting and this being the position, her relationship whatever it might be with the petitioner, cannot be termed as domestic relationship under section 2(f) of the act, 2005 ..... shared household is an essential ingredient of the domestic relationship as contemplated under section 2(f) of the act, 2005. ..... of course, learned counsel for the respondent submits that section 2(f) of the act, 2005 does not require that a woman should be a wife and it is enough that she is living with a man in relationship, ..... even otherwise, the respondent could not have entered in such a relationship, called the domestic relationship under section 2 of the act, 2005 as it is an admitted fact that the respondent is a married woman and her .....
Tag this Judgment!Court : Mumbai Nagpur
..... applicant prabha arora has moved the court of judicial magistrate first class for certain reliefs under the protection of women from domestic violence act, 2005. ..... in any event, to assure the applicant, it is directed that the learned magistrate while passing the final order shall not be influenced by any observations made by the learned additional sessions judge while deciding criminal appeal no.71/2012 and criminal appeal no.94/2012 ..... it is how the applicant before this court by way of present application under section 482 of the code of criminal procedure and 227 of the constitution of india. ..... in this regard, it may be mentioned here that the order passed in appeals by the learned additional sessions judge is also an ad interim order and it cannot in any manner affect the final result of the application pending before the learned magistrate. 6 ..... learned magistrate is under obligation to decide the application finally by the end of this year in view of the order passed by the learned additional sessions judge. ..... deciding both the appeals the learned additional sessions judge on 8th may, 2012 dismissed the appeal filed by the applicant and set aside the order of monthly maintenance of rs.7,000/- granted to the applicant. ..... such the applicant and non-applicant both were not satisfied with the order passed by the learned magistrate. ..... learned magistrate is not permitted to take into consideration any observations made by the learned additional sessions judge in the order passed in appeals. .....
Tag this Judgment!Court : Mumbai Nagpur
..... sub-section (2) of section 28 of the protection of women from domestic violence act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the protection of women from domestic violence act, 2005. ..... in my considered opinion, the procedure laid down under section 125(3) of the code of criminal procedure for getting compliance of the orders passed by the magistrate under section 125(1) of the code will have to be followed for executing the orders passed by the magistrate under section 20 (monetary reliefs) of the protection of women from domestic violence act, 2005. ..... it appears from the order of the learned magistrate that the learned magistrate was of the view that he could formulate his own procedure under section 28(2) of the protection of women from domestic violence act, 2005. ..... the respondent has filed an application under section 12 of the protection of women from domestic violence act, 2005 before the learned magistrate. ..... sub-section (2) of section 28 of the protection of women from domestic violence act, 2005 reads as under:- 28(2). ..... the reliefs available under section 125(1)(a) of the code of criminal procedure are analogous to the reliefs available under section 20 of the protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... also appears that during the pendency of these proceedings, the wife has lodged a complaint against the husband under the provisions of the protection of women from domestic violence act. ..... the oral complaints made by the parties against each other, chapter proceedings were initiated against the husband under section 151 of code of criminal procedure and the husband was detained in the police station for a few hours ..... we cannot strictly apply the provisions of order xxiii rule 1 (4) of the code of civil procedure to the case in hand, specially when the parties had decided to reside together on experimental basis and just two days after the husband withdrew the petition, the wife had dragged the husband to the police station on her two ..... find that the parties did not continuously reside together from 2005 to 2011. ..... a perusal of the evidence of the parties, it is clear that though the parties were married in the year 2005, the parties did not reside together continuously for long. ..... it is stated that after the parties married on 14.02.2005, the wife was residing at shegaon for one year and in october, 2007, she left matrimonial home at nagpur and went to aurangabad to a parental ..... marriage between the appellant-husband and the respondent-wife was solemnized at aurangabad on 14.02.2005 as per hindu rites and custom. ..... marriage solemnized between the parties on 14.02.2005 is dissolved by a decree of divorce ..... the wife was appointed as a lecturer in shegaon engineering college at shegaon, in 2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 07-10-2013 he sent a legal notice and thereafter received a notice from wife under the protection of women from domestic violence act, 2005. 12. ..... on the basis of evidence on record it is clear that conduct of the husband in suspecting the character of wife, physically assaulting and harassing her as she was coming home late from work place due to the nature of her job are the facts duly established amounting to cruelty and wife is entitled to a decree of divorce on the ground of cruelty. 21. ..... the next significant factor in the case on hand is that petition for divorce under section 13-b of the hindu marriage act was filed by the husband and wife before the court at amravati but according to husband as access to child was denied he refused for divorce by mutual ..... is not the case of husband that his signature on petition under section 13-b of the hindu marriage act was obtained by force, fraud or coercion. ..... she was transferred to pune and started residing with the child and her parents. ..... paragraph 10 of her examination in chief it is stated by wife that due to tremendous mental and physical stress she called her mother to reside with her for some time. ..... the trifle issue she called her mother and brother at pune who straightway went to police station and threatened him that if he refuses his wife to act according to her wish she would commit suicide and put him in jail. ..... 2009 she could get rented accommodation and started residing with her child separately. ..... we pass the following order. 24. .....
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