Court : Mumbai
..... firstly, that under section 12 of the protection of women from domestic violence act, 2005 (for short, the d.v. ..... the object of the act was, therefore, keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution and to provide for a remedy under the civil law which is intended to protect women from being victims of domestic violence. 20. ..... such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005. 17. ..... since, the 2005 act is aimed at protecting women against domestic violence, the submissions of the petitioners, if are accepted, would create an insulation to the female members of the husband's family who may go unpunished for acts amounting to domestic violence. 16. ..... the 2005 act has been introduced to protect women against domestic violence which is undoubtedly a human rights issue and is a serious deterrence to ..... it empowers the magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. .....
Tag this Judgment!Court : Mumbai
..... the specific statutory provision in india has been under section 19(1)(b) of the protection of women from domestic violence act, 2005 (d.v.act) in which various injunctions are granted in favour of a woman in respect of her residence titled ..... section 19 of the d.v act came to be enacted in the first place granting essentially the wives/women peace against domestic violence in their residence, their ..... the magistrate may, on being satisfied that domestic violence has taken place, pass a residence order (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; (b) directing the respondent to remove himself from the shared household; (c) restraining the respondent or any of his relatives from entering any portion of the shared household in ..... came to be statutorily recognised in the u.k under the domestic violence and matrimonial proceedings act 1976 (d.v.act). ..... he also alleged that the wife's domestic violence caused his children to cry and scream mama stop hurting ..... the husband has alleged domestic violence at the hands of the wife, not only at her bare hands but also with ..... formalities it would not be prudent to allow the respondent to enter into the matrimonial home in view of the apprehended physical domestic violence. 21. ..... a battered wife had a right to be protected from the physical violence of her husband. .....
Tag this Judgment!Court : Mumbai
..... the petitioner is a service provider under the protection of women from domestic violence act, 2005 (dv act) as part of women's study center of the ils law college, pune maharashtra (center) where she serves as professor of law. ..... indeed the statement of objects and reasons under the act dated 13th september, 2005 is to protect the woman from being victimized by domestic violence and to prevent occurrences of domestic violence in the society. ..... it is declared that any woman who has suffered any form of domestic violence as defined in the dv act and who has accessed the services of any service provider provided thereunder including ngos, counselors or the police may be counselled with regard to the course of action which she can take including joint counselling / ..... as pointed out to us in the submissions of the lawyer's collective, the failed settlement would itself tantamount to domestic violence upon which a domestic incident report (dir) could be filed under section 12 of the act to commence the judicial process in the magistrate's court. ..... the article on domestic violence legislation and implementation an analysis for asean countries based on international standards and good practices published by un women. ..... it is stated to be due to the wholesome services rendered by the service providers that several women have come forward to report domestic violence. .....
Tag this Judgment!Court : Mumbai
..... 25/dv/2012 filed by respondent no.1 under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') 3. ..... in the complaint can be reproduced as under: (a) this hon'ble court may be pleased to pass a permanent perpetual protection order in favour of complainant/applicant restraining and prohibiting the respondent from (i) committing any further act of domestic violence upon the complainant; (ii) aiding or abetting in the commission of acts of domestic violence upon the complainant ; (iii) threatening the complainant in any form, whatsoever, (iv) obstructing the complainant from having free ingress and egress into the residence at aashirwad bungalow, carter road, bandra (west ..... ), mumbai 400 050 and residing therein; (v) restrain the respondents from alienating any assets, operating bank lockers or bank .....
Tag this Judgment!Court : Mumbai
..... the trial court came to the conclusion that the prosecution though has not proved that the deceased was subjected to a cruelty as contemplated under section 498-a of ipc or that deceased was subjected to the domestic violence as contemplated under the protection of women from domestic violence act, 2005 during the period in between her marriage and occurring of her death, the prosecution has established the circumstances leading to the sole inference of guilt of conclusion of guilt of the appellants of committing her murder in furtherance ..... and under section 31 of the protection of women from domestic violence act, 2005 in the 22nd court of metropolitan magistrate at andheri, mumbai. 3. ..... or domestic violence as contemplated under the protection of women from domestic violence act, the same by ipso facto denotes that deceased was not treated with cruelty or that relationship in between deceased and the appellants were normal or that the appellants had no motive to commit the crime in question as ..... and for offence under section 31 of protection of women from domestic violence act read with section 34 of i.p.c. ..... it was urged that the trial court while considering the import of the circumstances emerging from the prosecution evidence completely overlooked the vital aspect that even the complaint lodged by pw1 was not for an offence of murder but was for offences under section 498-a, offence under domestic violence act and the same having led the said deceased to commit suicide. .....
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 Aurangabad
..... person" is given in section 2(a) of protection of women from domestic violence act, 2005 which is 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; 5. ..... in section 2(f) of protection of women from domestic violence act, 2005, definition of "domestic relationship" is given as under : "2(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, marriage, or through a relationship in the nature of marriage, ..... filed for some reliefs under the protection of women from domestic violence act, 2005, by respondent no.1. 2. ..... " the definition of "domestic violence" is given in section 3 of the said act as under : "3) definition 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 ..... explanation ii - for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be .....
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
..... seeking the relief of quashing of the complaint on the basis of which he is being prosecuted under the provisions of sections 12, 18, 21 and 23 of the protection of women from domestic violence act, 2005 in complaint no.524 of 2013 pending before the judicial magistrate (2nd court) at thane. 2. ..... thane, under the provisions of protection of women from domestic violence act, 2005 alleging therein that she was married to the ..... bench has observed as under:- "the said words therefore have been used purposefully as the said act has been enacted to protect a woman from domestic violence and, therefore there cannot be any fetter which can come in the way by interpreting the provisions in a manner to mean that unless the domestic relationship continues on the date of the application, the provisions of the said act cannot be invoked. ..... out under the domestic violence act 2005. ..... even prior to filing the application under the provisions of domestic violence act, respondent no.2 had filed several applications before different courts which were either withdrawn or ..... domestic violence act reads thus :- "2(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, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;" section 2(g) defines "domestic violence" as is defined under section 3 of the act. .....
Tag this Judgment!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. .....
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