Court : Mumbai Goa
..... , 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. ..... 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. ..... shall pay to the respondent the amount of interim maintenance as directed by the trial court, vide the impugned order, by adjusting the amount of rs.50,000/- per month granted to the respondent under the domestic violence act, which is already paid as from 09/06/2011 and which would be paid, hereinafter. ..... that from august 2009, radhika was getting rs.50,000/- per month and rs.25,000/- per month under the domestic violence act. ..... 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? ..... 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; and (d) the maintenance for the aggrieved person as well as her children, if any, including an ..... means any women 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. ..... - for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it- (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and ..... section 3 of the act defines domestic violence? ..... after considering the entire material 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. .....
Tag this Judgment!Court : Mumbai Goa
..... be that as 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. ..... thus, it 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. ..... as noticed earlier, 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 or incidental thereto. ..... thus, the act of 2005 is a special law, governing the subject of domestic violence and the reliefs to be granted thereunder to the aggrieved person. 11. ..... in other words, the magistrate is clothed with the jurisdiction to grant various reliefs under the act of 2005, on finding that the woman/aggrieved person, subjected to the acts of domestic violence. .....
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/ ..... 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 ..... , 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 ..... the circumstances above, 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. ..... terms 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 respondent. ..... domestic violence" in terms of section 2(g) of the act, has the meaning as assigned to it in section 3 of the act ..... 3(a) of the act includes economic abuse within the meaning of domestic violence. ..... considered view, there was ample of evidence on record that there was domestic violence meted out by the respondents as against the complainant. .....
Tag this Judgment!Court : Mumbai Goa
..... 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. ..... /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. ..... defintion of domestic violence for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) harms or injures or endangers the health, safety, life limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and ..... 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 ..... of the chapter ii of the act which is captioned as domestic violence?. ..... no doubt that within the purport of domestic violence? ..... the term domestic violence? ..... domestic violence? ..... domestic violence ..... means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act; provided that an aggrieved wife or female living in a relationship in the nature of marriage may also file a complaint against the relative of the husband or .....
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. ..... 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
..... 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. ..... 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 ..... 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 ..... 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, ..... , the aggrieved person need not ask for all the reliefs available under the domestic violence act and she can ask for any one or more of the reliefs, whichever she .....
Tag this Judgment!Court : Mumbai Goa
..... 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. ..... to find out truth as to the allegations of respondent, indulging into the acts of domestic violence vis-a-vis the petitioner. ..... point out that the whole purpose of the enquiry before the magistrate, is to find out the truth, as to whether the respondent has indulged into acts of domestic violence vis-a-vis the petitioner. ..... the respondent would also be equally material witness, in the matter, in refuting the allegations regarding indulgence into acts of domestic violence. ..... petitioner that the respondent was indulging into acts of domestic violence. ..... , it is submitted by shri rao, the learned counsel for the respondent that in view of the case set up by the petitioner, about there being acts of assault by the respondent against the two sons in public place and also certain acts, which are attributed to the respondent in respect of the incidents, which have allegedly occurred in the presence of two sons, they would be witnesses, who ..... , 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. .....
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 ..... apart from the proceedings under the domestic violence act, the respondent has also filed matrimonial ..... 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. ..... (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 magistrate first ..... that by 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. ..... that 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. ..... shall pay interim maintenance at the rate of rs.25,000/- per month and litigation expenses at the rate of rs.6,000/- per month from 21.03.2014, to the respondent. .....
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