Court : Mumbai Goa
..... 4 herein in the court of judicial magistrate first class, ponda, under section 12 of the protection of women from domestic violence act, 2005 (herein after referred to as the act ). ..... she has also filed an application for protection orders under section 19 to restrain the respondents and her husband from causing any domestic violence to her and to her child and to restrain them from dispossessing her or obstruct her from entering the matrimonial home at borivali, as also to restrain respondent no.2 from alienating or encumbering the residential house at borivali without intimation to her, selling or mortgaging her jewellery in the custody of respondent no.2 and for ..... also contended that since the petitioner had been residing separately from her husband and other family members since the year 2004, there was no question of granting any protection order. ..... the claim of the petitioner of the house at borivali being a shared household as contemplated by the provisions of the act, the respondents contended that same belongs exclusively to respondent no.1, the mother-in-law. ..... it is admitted position that the revision petitioner has been residing separately from her husband who is not a party to the present petition since 1st ..... besides, the petitioner had been staying away from the husband for more than four years prior to filing of the complaint which fact has not been taken into consideration by ..... further, since the petitioner had already shifted from that house, it cannot have the character .....
Tag this Judgment!Court : Mumbai Goa
..... the respondent herein filed criminal miscellaneous application no.159/2009/a before the judicial magistrate, first class, mapusa under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 ('the act' for short). ..... learned sessions judge, north goa, panaji dismissed the appeal filed by the petitioner herein, but partly allowed the appeal preferred by the respondent and held that she would be entitled to the amount from the date of the application till the decision of the proceedings on merits. 6. ..... the appellate court shall decide as to the date from which the order shall come into effect inasmuch as learned magistrate had not stated as to the date from which the order shall come into effect. 9. ..... considering that the matter pertains to grant of monetary relief in favour of the complainant under the act, learned sessions judge shall dispose of the appeal expeditiously. ..... the respondent also claimed maintenance at the rate of rs.67,500/- per month from the date of filing of the application i.e. ..... from a bare perusal of the impugned judgment, it is obvious that the lower appellate court has failed to exercise jurisdiction in accordance with settled law. .....
Tag this Judgment!Court : Mumbai Goa
..... , sanguem, dated 18.03.2010, whereby the interim relief sought by the petitioner under section 23 of the protection of women from domestic violence act, 2005, came to be dismissed. ..... shri rodrigues, learned counsel appearing for the petitioner, upon instructions from the petitioner, is agreeable to provide visitation rights to the respondent and that such visitation rights shall initially be on every working saturday in the court of the learned j.m.f.c. ..... , i pass the following : order (i) the impugned orders passed by the courts below are modified and the respondent shall pay interim maintenance to the petitioner and her minor child at a sum of rs.6,000/- per month, from january, 2012 until the disposal of the main petition. ..... dessai, learned counsel appearing for the respondent, upon instructions, has agreed to pay a sum of rs.6,000/- per month as interim maintenance from january, 2012 onwards. ..... the amounts from january, 2012 upto july 2012 shall be paid after deducting any amount which at all paid by the respondent to the petitioner. ..... , sanguem, from 3.00 p.m. to 5.00 p.m. 7. .....
Tag this Judgment!Court : Mumbai Goa
..... , sanguem, dated 18.03.2010, whereby the interim relief sought by the petitioner under section 23 of the protection of women from domestic violence act, 2005, came to be dismissed. ..... shri rodrigues, learned counsel appearing for the petitioner, upon instructions from the petitioner, is agreeable to provide visitation rights to the respondent and that such visitation rights shall initially be on every working saturday in the court of the learned j.m.f.c. ..... , i pass the following : order (i) the impugned orders passed by the courts below are modified and the respondent shall pay interim maintenance to the petitioner and her minor child at a sum of rs.6,000/- per month, from january, 2012 until the disposal of the main petition. ..... dessai, learned counsel appearing for the respondent, upon instructions, has agreed to pay a sum of rs.6,000/- per month as interim maintenance from january, 2012 onwards. ..... the amounts from january, 2012 upto july 2012 shall be paid after deducting any amount which at all paid by the respondent to the petitioner. ..... , sanguem, from 3.00 p.m. to 5.00 p.m. 7. .....
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