Court : Mumbai Aurangabad
..... 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. ..... 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. ..... filing the proceeding at khamgaon is the provision of section 27(1) (a) of the protection of women from domestic violence act, 2005. ..... jurisdiction is to be decided on the basis of section 27 (1)(a) of the protection of women from domestic violence act, 2005. ..... khamgaon under the protection of women from domestic violence act, 2005. ..... 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. ..... documents, the counsel argued that the respondent is resident of neri digar and only with a view to harass the petitioner and his old parents, the proceedings under the domestic violence act are filed at khamgaon. 7. ..... , it is clear that the marriage took place at neri digar and the parties resided at neri digar and cause of action for which the domestic violence case has been filed also arose at neri digar. ..... incidents referred in the complainant did not take place at khamgaon, still, in view of this provision in favour of women, the respondent is entitled to maintain her complaint at khamgaon as she is temporarily residing there. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 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 ..... 482 of the code of criminal procedure, 1973 read with article 227 of the constitution of india praying for quashing the proceedings of the application made by the first respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act"). 2. ..... is required to be filed in accordance with the format prescribed by rule 6 of the protection of women from domestic violence rules, 2006 (hereinafter referred to as "the said rules"). ..... the preamble of the act shows that the same has been enacted to provide more effective protection to the rights of women guaranteed under the constitution of india who are victims of violence of any kind occurring within the family and matters connected therewith ..... 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 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... petitioner has filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act ) against 8 persons, including the respondent nos. ..... aforesaid, the view taken by the additional sessions judge that women will not be covered by the definition of the term respondent, as given in the domestic violence act, is clearly contrary to law. ..... went on to discuss, whether or not, there were sufficient grounds for proceedings against the said respondents and by taking a view that there were no such grounds, directed the names of the said respondents to be deleted from the application under section 12 of the domestic violence act. 5. ..... question is whether the considerations which should weigh in deciding whether the process to answer a criminal charge has been rightly issued, should arise in proceedings instituted on the basis of section 12 of the domestic violence act. 6. ..... the magistrate made it clear that whether domestic violence had taken place, would be considered only after the ..... of the contentions raised by the respondents, who are women, was that in view of the definition of the term respondent as given in the said act, the proceedings against them were not maintainable. ..... proceedings under the provisions of the said act cannot be equated with a criminal trial. ..... to 6 made an application before the learned magistrate who is seized of the matter, praying that their names be deleted from the array of the respondents. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 2011 for orders under section 23 read with section 12, 17, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 (hereafter referred to as d.v. ..... the application made by the applicant under the domestic violence act for protection order can not be viewed as a complaint of the offence u/s 31 of the domestic violence act. ..... 31 of the domestic violence act makes a breach of protection order, final or interim, an offence under the said act. ..... gives freedom to the court dealing with the applications under section 12 or under subsection (2) of section 23 of the domestic violence act to lay down its own procedure for its disposal. 9. ..... section 28 of the domestic violence act reads as under: ..... criminal procedure, 1973 prescribing bar to taking cognizance after the lapse of the period of limitation prescribed therein would only arise at the time of taking cognizance of such an offence as spelt out under section 31 of the domestic violence act. ..... in the instant case, learned magistrate passed an interim protection order granting maintenance which by itself does not constitute ..... date of the alleged desertion of the respondents, there was no protection order and as such there could be no breach of it translating the said occurrence into a crime as spelt out under section 31 of the said act. ..... magistrate (first class), ahmednagar ordered an inquiry and called for its report from tahsildar, ahmednagar as per the provisions of the said act vide order dated 07/07/2011. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the respondent had filed an application under the provisions of the protection of women from domestic violence act, 2005 [for short, ' domestic violence act'] before the judicial magistrate first class, ausa, seeking monetory reliefs. ..... the respondent approached the court of sessions by filing an appeal u/s 29 of the domestic violence act. ..... the proviso to sub section (1) empowers the assistant sessions judge or the chief judicial magistrate only to hear the appeals from an order passed by a magistrate of the second class if such appeals are made over to them by the sessions judge of the division, or by the high court in accordance with the provisions of sub section (2) of section 381 of the code. 6. ..... d.s.hatarote was working as an assistant sessions judge-3 at latur, which is, even otherwise, clear from the designation of the learned judge, as appearing below his signature on the copy of the impugned order. 5. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... filed by sonali , so also, the proceeding under protection of women from domestic violence act, 2005. ..... 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 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 ..... shri dhorde, learned senior counsel appearing for the applicant/accused, after pointing out the relevant dates coming on record from the evidence of informant pw-7 manoj deore, contended that the minor victim girl was having tons of opportunity to disclose the incident to ..... the code of criminal procedure as such cannot be invoked as a disguise for a retrial in such a case after not availing an opportunity to enter upon defence as seen from the verdict of the hon'ble apex court in the matter of rambhauand another v/s state of maharashtra reported at (2001) 4 scc 759. 20. ..... of sonali manoj deore, she was not in company of the minor victim girl from 3.5.2009 to 22.7.2009 as said minor victim girl was left at the house of sunanda deore paternal .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 141/2008 filed under section 12 of the domestic violence act, 2005 [hereinafter referred as the "act" for short] is allowed by the sessions court. ..... having regard to the provisions of domestic violence act, 2005? 3. ..... the definition of the term 'aggrieved person' is given in section 2 (a) of the act and it is as under:- "(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; " the term 'domestic relationship' is defined in section 2 (f) of the act and it is as under:- "(f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity ..... all this evidence has created a probability that the respondent married with the petitioner as he was not having issue from the first wife, but the petitioner did not conceive and so the dispute started. ..... she had claimed relief like protection order, allowance for making payment of rent and compensation amount. ..... therefore, women in live-in relationships are also entitled to all the reliefs given in the said act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in dispute that, the complaint is filed by the applicant under the provisions of protection of women's from domestic violence act, 2005 and also one more proceeding is initiated at amravati. ..... other two proceedings instituted by the application, (1) under protection of women from domestic violence act and (2) h.m.p. no. ..... 62 of 2014 is preferred by the applicant under the domestic violence act, 2005 and which is pending before the learned judicial magistrate, first ..... these three cases shall be posted on the same day so as to make if convenient for the applicant as well as the respondent to travel from ambajogai and participate in the hearings of the said cases. 18. ..... , it is inconvenient for the applicant-wife to travel from jalgaon to kalyan to attend the proceedings instituted by the ..... that she is now living and working in delhi and that she would be unable to travel up and down from delhi to ara, a distance of about 1100 kilometers from delhi, to defend the matrimonial proceedings. ..... could be posted on the same day for the convenience of both the sides as the applicant would also be required to travel from sayagaon to ambajogai and the same is about 20 kms. ..... being a lady, makes it difficult for her to travel from sayagaon to latur which is distance of about 30 kms. ..... that, the marriage is not solemnized at amravati and also other events are not taken place at amravati and therefore, there is no question of transfer of the proceedings from ahmednagar to amravati, is devoid of any merits. 8. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... has also initiated the proceedings under the provisions of the protection of women's from domestic violence act, 2005 before the chief judicial magistrate, amravati and same is ..... dispute that, the complaint is filed by the applicant under the provisions of protection of women's from domestic violence act, 2005 and also one more proceeding is initiated at amravati. ..... rejoinder affidavit in paragraph-5 that, after the incident of mental blow by the respondent, the life of the applicant has become miserable and on every walk of the life, the applicant needs the support from her parents, therefore, the applicant has decided to stay alongwith them at amravati and the applicant is totally depending on her parents despite the fact that she is also a doctor. 6. ..... transfer of the hindu marriage petition no.377 of 2011, initiated by the respondent-husband under the provisions of section 12(1)(c) of the hindu marriage act, 1955, from the court of the civil judge, senior division, ahmednagar, to the court of the civil judge, senior division, amravati. 3. ..... it is further stated that, the applicant will have to travel from amravati to ahmednagar, distance from amravati to ahmednagar is more than 500 kms, which would cause inconvenience ..... the applicant, that the father of the applicant has lodged complaint with the police station frazerpura, amravati on 12th august, 2011 since the threats were extended to the father of the applicant from the respondent and brother of the respondent and other in-laws. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the applicant has also filed proceedings under section 12 of the women's domestic violence protection act, 2005 against the respondent-husband and his relatives in the court of the judicial magistrate, first class, beed and same is pending. 4 ..... it is the case of the applicant that, on non fulfillment of the demand of the respondent-husband, the applicant was driven out from matrimonial house and therefore, she went to reside with her parents. ..... is submitted that, at no point of time, the respondent-husband has ill-treated or demanded any amount from the father of the applicant for purchasing flat or furniture. ..... after delivery of a child, the respondent-husband demanded rs.2,00,000/- from father of the applicant and in case, such demand is not fulfilled, the respondent-husband threatened the applicant that, the applicant has to go back to her parent's ..... these are two main grounds, apart from other grounds raised by the applicant, which would tilt the balance of convenience in favour of the applicant. ..... of 2012 to the court of the civil judge, senior division, beed, within one week from receipt of copy of this order. ..... was not driven out from the matrimonial house. ..... application is filed for transfer of the proceedings from ahmednagar to beed. 5. ..... the summons from the court of 5th joint civil judge, senior division, ahmednagar is received by the applicant at ..... 56 of 2012 from the court of 5th joint civil judge, senior division, ahmednagar to the court of the civil judge, senior division, .....
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