Court : Mumbai Nagpur
..... 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. ..... 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. ..... 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. ..... 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. ..... 14/2012 by the learned judicial magistrate first class, 3rd court, buldana, is set aside to the extent of alienation of immovable property and modified in the nature that the respondents are restrained from alienating or creating encumberance over the house property described in item no. .....
Tag this Judgment!Court : Mumbai Nagpur
..... proceedings under the protection of women from domestic violence act, 2005. ..... 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 treated him with cruelty. ..... 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 cohabit with ..... 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. ..... out that application filed by wife under the protection of women from domestic violence act also came to be rejected. ..... his evidence also indicates that he had high expectations from wife and desired that she should stay in joint family, attend the domestic work even when husband resides away at the distance of 450 kilometers from his house. .....
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 Aurangabad
..... in the proceedings filed under the provisions of the protection of women from domestic violence act, 2005 (for short "domestic violence act"), direction is given against the present petitioner, husband to return dahej (jahez) articles to the respondent or to pay rs.2,00,000/- in lump sum towards the price of those articles to the present respondent. ..... court has no hesitation to hold that section 20(1)(c) of the domestic violence act can be used in a case like present one. ..... ascertain as to whether even after the dissolution of the marriage, proceeding can be filed, the scheme of the domestic violence act needs to be seen and particularly definitions of "domestic relationship" given in section 2(f) and "shared household" given in section 2(s) of the act needs to be considered. ..... court held that provisions of section 12, 16, 20 and 22 of domestic violence act were not available to the wife. ..... in the proceedings filed under domestic violence act, many reliefs were claimed but the aforesaid relief is granted by the sessions court in ..... shows that the meaning given in section 3 of the domestic violence act needs to be considered. ..... petitioner that it is the contention of the husband that the parties have taken divorce by mutual consent and document of khulanama has been executed and so the proceeding is not tenable under the provisions of domestic violence act. ..... sides showed relevant record to this court and some argument was advanced on the basis of provisions of the domestic violence act. .....
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
..... dv/25/2012 against the applicant and her family members before the learned metropolitan magistrate under the provisions of the protection of women from domestic violence act 2005. ..... that since the respondent was not qualified to enter into a legal marriage with the said deceased, the complaint filed by the respondent before the learned metropolitan magistrate under the provisions of the protection of women from domestic violation act 2005 itself is not maintainable and thus the respondent could not have invoked the provisions of the said act for making an application for certified copies of the proceedings before the learned prothonotary and senior master. ..... respondent has already filed a petition under the provisions of the domestic violence act against the applicant and the family members. ..... respondent has asserted her alleged rights under the provisions of domestic violence act. ..... no doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or amend the law ..... our opinion not all live in relationships will amount to a relationship in the nature of marriage to get the benefit of the act of 2005. ..... see 'common law marriage' in wikipedia on google) in our opinion a 'relationship in the nature of marriage' under the 2005 act must also fulfill the above requirements, and in addition the parties must have lived together in a 'shared household' as defined in section 2(s) of the act. .....
Tag this Judgment!Court : Mumbai
..... 1 has independently filed proceedings under the protection of women from domestic violence act, 2005 before the family court, the then civil judge, jr divn. ..... 1 under the protection of women from domestic violence act, 2005 be heard on merits. ..... it is further submitted that there is no pleading as such to attract the provisions of the protection of women from domestic violence act in the alleged counter claim filed by the petitioners. ..... being aggrieved by the said order, the appellants preferred appeal u/s 29 of the protection of women from domestic violence act before the sessions court, pune. ..... it appears from the record that petitioner no.1 i.e. ..... in view of the alleged act of respondent no. .....
Tag this Judgment!Court : Mumbai
..... family court was filed for divorce under the special marriage act, 1954 r/w protection of women from domestic violence act, 2005 (for the sake of brevity, hereinafter referred to as ..... question of law as to whether any relief can be sought against the relative of the respondent husband in the proceedings filed under section 26 of the protection of women from domestic violence act before the family court? 3. ..... the family court that respondent no.2 mother-in-law cannot be made a party to the nullity proceedings filed under the hindu marriage act or special marriage act as the family court has jurisdiction in respect of the proceedings between the parties to marriage only. ..... is raised before this court, the court has restricted its finding only to that extent and answered that the relatives of the husband being respondents under section 2(q) of the dv act can be made party respondents before the family court if the proceedings specified under section 26 of the d.v. ..... protect the rights of women ..... act takes care of any type of violence in the house and, therefore, the meaning of respondent is not restricted to only husband but his relatives are ..... has been obtained by the aggrieved person in any proceedings other than a proceeding under this act, she shall be bound to inform the magistrate of the grant of such relief. 10. ..... that the meaning of 'respondent' is restricted under section 7 of the family courts act, has overriding effect over the meaning of 'respondent' under section 2(q) of the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicant herein has filed criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad on 22nd july, 2011 and those proceedings are pending before the said ..... criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad. ..... that, prior to filing this miscellaneous civil application, the respondent has filed proceedings bearing miscellaneous criminal application no.113 of 2012, before the principal seat of this court for transfer of proceedings from aurangabad to panvel court, but the applicant only with a view to counter blast the miscellaneous criminal application no.113 of 2012, has filed the present miscellaneous civil application by suppressing the material ..... it is true that, the respondent has filed the application for transfer of those proceedings from aurangabad to mumbai, however, said application is yet pending at principal seat of this court at bombay, however, the respondent has not invited any order staying aforesaid ..... being matrimonial proceedings, the family court, aurangabad on transfer, should decide hindu marriage petition no.8 of 2011 as expeditiously as possible, however, within six months from the first date of hearing, which will be fixed by the family court, aurangabad. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... she had applied to the learned chief judicial magistrate, osmanabad for maintenance and consequential benefits under the provisions of section 12 of the protection of women from domestic violence act, 2005 (for short, the dv act). ..... the learned chief judicial magistrate allowed the application and directed the respondent and his parents not to cause domestic violence to the petitioners. ..... 7) section 20 contemplates monetary relief to the aggrieved person as a result of domestic violence. ..... 8) thus cumulative effect of these provisions illustrate, even if remedies are a available under section 4 of muslim women (protection of rights on divorce)act, 1986, it will not obliterate and defuse the provisions of section 12 of the dv act for a wife to stake claim. ..... imran khan - 2010 (1) scc 666 : 2009 dgls (soft) 1281, explained the legal position in tune with muslim women (protection of rights on divorce) act, and in particular sections 4 and 5 thereof. ..... naturally, the whims of the husband/respondent would not be permitted to deflate the provisions of the dv act, which provides a room to claim maintenance, notwithstanding the effect of section 4 of the muslim women (protection of rights on divorce) act, 1986. ..... object and scope of the dv act is to ensure maintenance to those, who need such protective shelter from the person under an obligation. ..... and provisions of muslim women (protection of rights on divorce) act, 1986 and observed about eligibility of entitlement of the wife to claim maintenance .....
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