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 high court directed that a sum of rs.1,50,000/- should be paid by the respondent-husband to the petitioner-wife, for herself as well as for their minor son from the date of filing of the complaint under section 12 of the domestic violence act, 2005, till the said complaint is again disposed of by the trial court. 25. ..... it may be true that 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. ..... by fresh order dated 05/10/2012, passed on the application for maintenance under section 24 of the act, the trial court ordered the petitioner to pay to the respondent a sum of rs.75,000/- per month and to both children rs.50,000/- each, per month, towards maintenance, excluding the amount of rs.50,000/- granted to the respondent in domestic violence case and rs.25,000/- per month towards legal expenses from the date of filing of the application i.e. .....
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? ..... disposing of an application under sub-section (1) of section 12, the magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and 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 ..... definition of domestic violence. ..... ), the counsel argued that the said flat is the exclusive property of the son of the opponent by name nandlal shet and does not fall within the definition of 'shared household' and hence it could not have been held to be the shared household and no relief could have been granted to the applicant in respect of the said flat. 12. ..... no doubt, the definition of 'shared household' in section 2(s) of the act is not very happily worded, and appears to be the result of clumsy drafting, but we have to give it an interpretation which is sensible and which does not lead to chaos in society.? 24. .....
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 ..... 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 ..... , 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 ..... 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 ..... , 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 ..... respondents to pay an amount of rs.1,00,000/- to the complainant as compensation for physical and mental agony and had secured her with protection order under section 12 of the act against all the respondents. .....
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?. ..... in section 3 one has to read definition of respondent under section 2(q) of the act, which reads as follows: 2 (q) respondent? ..... for the definition of domestic violence? ..... learned senior counsel has rightly pointed out that no where in the definitions under section 2, the word wife? ..... (supra), the same issue was raised before the learned single judge of this court and while answering the said question, the learned judge had considered extensively the definition of domestic relationship? ..... the definition domestic relationship? ..... he further argued that in the definition of domestic relationship? ..... the definition further has mentioned the word maintenance?. ..... thus, definition of economic abuse? .....
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. ..... 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 act of 2005 is a piece of special legislation governing the field of effective protection of the rights of women, who are subjected to the acts of domestic violence, as defined under the said act. ..... 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 ..... (2) the relief sought 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 .....
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. ..... 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. ..... 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. ..... 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. .....
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 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 of marriage ..... the definition of economic abuse under section 3(d)(iv) of the domestic violence act is not exhaustive but inclusive of the factors mentioned therein ..... 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 unmarried; ..... definition of domestic violence. ..... it was held that therefore, the petitioner would be covered within the definition of aggrieved person under the domestic violence act, irrespective of the fact that the marriage has been annulled at present. .....
Tag this Judgment!Court : Mumbai Goa
..... it appears that on account of a matrimonial dispute between the parties, the petitioner has filed an application on 23/01/2012 under the protection of women from domestic violence act, 2005 (the act, for short) before the learned magistrate, mapusa for various reliefs. ..... 3095 and in particular, paragraph 9 thereof, in order to submit that on cumulative reading of subsections (1) and sub-section (2) of section 28 of the act and rule 6(5) of the rules framed thereunder, it is evident that nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 of the act. ..... are made applicable to the enquiry under section 12 of the act, sub-section (2) of section 28 of the act declares that this will not be in derogation of the powers of the magistrate to evolve his own procedure. ..... it is next submitted that even assuming that the provisions of section 311 were applicable, this was not a case wherein the learned magistrate could have acted on the basis of the applications filed by the respondent in calling the two sons as witnesses. ..... it would be pertinent to note that although section 28(2) of the act has diluted the rigour of strict procedure being applicable, the court, in appropriate case, would be guided by the principles akin to the one contained in the evidence act and any other procedural law as may be applicable, in devising its own procedure. .....
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 ..... apart from the proceedings under the domestic violence act, the respondent has also ..... , 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. ..... the parties lead oral and documentary evidence, that the learned magistrate would be in a position to come to a definite conclusion as to the quantum of maintenance/ litigation expenses, to be granted and the need for alternate accommodation. ..... (d) the petitioner shall regularly pay the monthly interim maintenance/litigation expenses from 01.09.2015, to the respondent, before 5th of each english calendar month, before the judicial ..... an 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. ..... 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. .....
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