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 Nagpur
..... by this petition, the petitioners are seeking quashing and setting aside of the complaint filed under the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act, 2005") by the respondent together with order dated 24/7/2014 passed by the learned judicial magistrate, first class, yavatmal granting interim maintenance to ..... clear that a woman, who is married, cannot enter into a domestic relationship as contemplated under section 2(f) of the act, 2005 and even if she establishes a long standing relationship with a man as his concubine or mistress, she would not be entitled for protection under the provisions of the act, 2005. 10. ..... court has held that even though long standing relationship as a concubine deserves some protection in order to provide her financial stability, her such relationship not being in the nature of marriage cannot be termed as domestic relationship as contemplated by the act, 2005. ..... that even otherwise, the respondent could not have entered in such a relationship, called the domestic relationship under section 2 of the act, 2005 as it is an admitted fact that the respondent is a married woman and her marriage still ..... found from the admitted position that the respondent is a married woman, whose marriage with her husband chandan is still subsisting and this being the position, her relationship whatever it might be with the petitioner, cannot be termed as domestic relationship under section 2(f) of the act, 2005. .....
Tag this Judgment!Court : Mumbai Nagpur
..... she filed an application under section 12 of the protection of women from domestic violence act, 2005 [hereinafter referred to as the act ? ..... the written statement in domestic violence proceedings was passed by the petitioners on 20th december, 2013. ..... after evaluation of pleadings and available evidence on record, the learned trial magistrate reached to the conclusion that the petitioners have committed domestic violence against the wife. ..... by filing the said complaint, respondent-wife claimed following reliefs against the petitioners:- [a] the non-applicants should not commit any domestic violence against the applicant. ..... the learned trial magistrate also reached to the conclusion that she is having a right to stay in the flat at nanded and she should not be evicted from the said flat. ..... the application filed by the wife under section 12 of the act was contested by the petitioners. 4. .....
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
..... the petitioner has filed summary criminal case no.57 of 2012 under section 25 of the protection of women from domestic violence act, 2005 ("the act" for short) against respondent no.3, the husband. 2. ..... the petitioner had never shared domestic relationship with respondent no.3 in that flat and as such she cannot enforce a right of residence therein. 5. ..... they have a daughter born from the marriage wedlock. ..... it is obvious from the fact that the application for shared hold was nothing but an attempt on the part of the petitioner to grab the flat in question. .....
Tag this Judgment!Court : Mumbai Nagpur
..... applicant prabha arora has moved the court of judicial magistrate first class for certain reliefs under the protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the proceeding is filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred as the act). ..... in the proceeding, filed under section 12 of the act, the wife, respondent has claimed the reliefs like compensation/ damages of rs.5 lakhs, make arrangement of separate residence at aurangabad or to pay rent for the same, not to commit domestic violence against her, pay to her monthly maintenance of rs.25,000/- etc ..... the provision of section 12(5) of the act shows that such proceeding is expected to be decided within a period of 60 days from the date of its first hearing. ..... the husband wanted to examine one shri jain who had acted as mediator in the marriage, one tour operator of the tourist company with which this couple had gone to various stations on honeymoon tour and a witness to prove list of gift articles ..... in the main matter, proceeding filed under section 12 of the act, examination in chief, by way of affidavit was filed by the wife on 31st january, 2013 ..... interim maintenance of rs.5,000/- per month was granted from the date of the application till the final disposal of the matter by the court, by order dated 10th january, 2013 ..... the aforesaid circumstances show that husband acted mischievously and he took all possible steps to see that the hearing is protracted and the wife does not get anything ..... statement was made by the learned counsel for the wife, in this proceeding, that till today the wife did not receive a single pie from that amount. 4. .....
Tag this Judgment!Court : Mumbai
..... further, the family court had no jurisdiction in making the impugned order even before the main application under section 12 of the protection of women from domestic violence act, 2005 (d.v. ..... act provides that while disposing of an application under sub section (1) of section 12, the magistrate may, on being satisfied that the domestic violence has taken place pass a residence order ..... act enables an aggrieved person or protection officer or any other person on behalf of the aggrieved person to present an application to the magistrate to seek one or more reliefs under the d.v ..... there is no question of awaiting the disposal of the main proceedings under the hindu marriage act, 1955 and only at that stage making a residence order in terms of section 19 of the ..... in case any relief 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. 7. ..... there is no basis to assume that the petitioner earns any rent from her own apartment, which incidentally is not even occupied by her and further the respondent pays rent of rs.9,000/- to her brother, in respect of the premises which she presently occupies along with her minor son. ..... act from the magistrate may also be sought in any legal proceedings, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent, whether such proceedings were initiated before or after commencement of the act. .....
Tag this Judgment!Court : Mumbai
..... no.68/2014 before the magistrate under section 12 of the protection of women from domestic violence act, 2005 ("the said act" for short) for various reliefs. ..... , section 20 of the said act provides for monetary relief which includes expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence. ..... section 18(c) envisages that protection order can be passed in favour of the aggrieved person thereby restraining the respondent from entering the place of employment of the aggrieved person or a child or its school or any other place frequented by the ..... in particular, under prayer clause 77(vii), a restrainment order is sought against the present applicant from making any contact with the respondent in any manner whatsoever whether physically, telephonically, electronically or ..... could appearing for the applicant very fairly did not dispute that under the provisions of the said act, relief can be claimed and granted in respect of the child including a male child. ..... it was contended that under the provisions of section 2(a) of the said act which defines an aggrieved person, it is only a woman who could be the ..... clause 77(viii), a claim of maintenance of rs.25,000/- per month has been made in respect of the child apart from the claim of rs.75,000/- per month in respect of wife. ..... outset, it is necessary to mention that there are various sections in the said act which contemplate grant of certain reliefs in favour of a child. .....
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. .....
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