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; ..... it was the case of the applicant that she was living in domestic relationship with the non-applicants in a shared household and she was subjected to domestic violence as envisaged under d.v. ..... it was also found by the learned magistrate that the applicant has proved domestic violence to her. ..... sarma reported in (2013) 15 scc 755 live-in relationship is not a relationship in the nature of a marriage and it is not in domestic relationship as envisaged under section 2(f) of d.v. ..... after the evaluation of oral as well as the documentary evidence, the learned magistrate recorded a finding that there was a domestic relationship between the parties within the meaning of section 2 (f) of d.v. ..... reading of above definition would make it clear that the legislature has avoided to use the word wife ? .....
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 ..... 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. ..... the act of 2005 is to provide more effective protection to helpless and shelterless victims and to ensure the rights of women guaranteed under ..... respondents had locked the entire building on 5.4.2010 and committed the act of domestic violence and deprived the applicant of shared household. 3. ..... thus, in a given case, woman who is victim of domestic violence occurring within the family in respect of which the complaint is made before the competent court, it is necessary for the magistrate, before whom the complaint is made, to pass an expeditious order ..... it is observed by the apex court that " the definition of the term 'shared household' in section 2 (5) 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 ..... batra reported in air 2007 sc 1118 in which definition of the term 'shared household' was considered by ..... the learned appellate judge considering the definition of shared household disbelieved the contentions of the applicant that she was residing with her husband on the second floor of .....
Tag this Judgment!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. ..... the main contention of the petitioner is that the application under section 12 of the protection of women from domestic violence act, 2005 was inordinately delayed and there was no reasonable explanation for the delay and, secondly, that petitioner is not liable to pay maintenance particularly to the son who is already attained age of majority. ..... the petitioner is facing proceedings initiated under section 12 of the protection of women from domestic violence act, 2005 (act 43 of 2005), which was registered as criminal application no. ..... the contention as to whether the protection of women from domestic violence act, 2005 is retrospective needs to be considered in the light of settled legal position in this regard. ..... the protection of women from domestic violence act, 2005 came into force on 26/10/2006 vide s.o. ..... 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. ..... to the aggrieved person can come within definition of "domestic violence" explained in chapter ii of the act. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the protection of women from domestic violence act, 2005. ..... 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. ..... she initiated proceedings under section 9 of the hindu marriage act for restitution of conjugal rights, filed an application for maintenance under section 125 of the code of criminal procedure and lodged a complaint under protection of women from domestic violence act stating that husband treated her with cruelty, misbehaved and refused to ..... 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 ..... notice wife lodged a complaint with gadge nagar police station, amravati under section 498a read with section 34 of the indian penal code against the husband and his family ..... during the pendency of this appeal respondent has been acquitted in the proceeding under section 498a of the indian penal code initiated on the report of appellant. .....
Tag this Judgment!Court : Mumbai Nagpur
..... she filed an application under section 12 of the protection of women from domestic violence act, 2005 [hereinafter referred to as the act ? ..... the written statement in domestic violence proceedings was passed by the petitioners on 20th december, 2013. ..... after evaluation of pleadings and available evidence on record, the learned trial magistrate reached to the conclusion that the petitioners have committed domestic violence against the wife. ..... by filing the said complaint, respondent-wife claimed following reliefs against the petitioners:- [a] the non-applicants should not commit any domestic violence against the applicant. ..... the application filed by the wife under section 12 of the act was contested by the petitioners. 4. ..... the learned trial magistrate also reached to the conclusion that she is having a right to stay in the flat at nanded and she should not be evicted from the said flat. .....
Tag this Judgment!Court : Mumbai Nagpur
..... by this petition, 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 respondent. 4 ..... it is crystal clear that a 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. ..... also submits that 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 marriage still subsists. ..... have already found 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. 13. ..... hon'ble apex court has categorically held that the provisions of the act, 2005 do not take care of such a relationship because the definition of section 2(f) of the act, 2005 is restricted and exhaustive. .....
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. ..... 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. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 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 ..... 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. ..... under section 12 of the protection of women from domestic violence act, 2005 before ..... section (2) of section 28 of the protection of women from domestic violence act, 2005 ..... 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 ..... 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 ..... may extend to one month or until payment if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and .....
Tag this Judgment!Court : Mumbai Nagpur
..... it 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. ..... it is submitted that during the pendency of these proceedings, the wife also lodged proceedings against the husband under the protection of women from domestic violations act and has claimed a sum of rupees 20 lakhs towards damages. ..... on 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. ..... on 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. ..... we find that the parties did not continuously reside together from 2005 to 2011. ..... 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 home. ..... the marriage between the appellant-husband and the respondent-wife was solemnized at aurangabad on 14.02.2005 as per hindu rites and custom. ..... the marriage solemnized between the parties on 14.02.2005 is dissolved by a decree of divorce. ..... thereafter, the wife was appointed as a lecturer in shegaon engineering college at shegaon, in 2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... a legal notice and thereafter received a notice from wife under the protection of women from domestic violence act, 2005. 12. ..... 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 ..... 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 ..... of husband that his signature on petition under section 13-b of the hindu marriage act was obtained by force, fraud or coercion. ..... challenges the judgment of the family court, amravati dated 30-12-2015 dismissing the petition filed by appellant/wife for dissolution of marriage on the ground of cruelty under section 13(1)(i-a) of the hindu marriage act, 1955. 4. ..... and respondent/husband stands dissolved by a decree of divorce under section 13(1)(i-a) of the hindu marriage act. ..... counsel for parties following points would arise for determination in this appeal:- 1] whether the family court could have dismissed the petition filed by wife for decree of divorce under section 13(1)(i-a) of the hindu marriage act? ..... petition for divorce under section 13-b of the hindu marriage act. .....
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