Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: mumbai Page 5 of about 122 results (0.186 seconds)

Chintaman Tukaram Ahire and Others Vs. Karuna Keshv Ahire

Court : Mumbai Aurangabad

..... the application is filed for transfer of criminal case no.9 of 2011 filed under section 12 of the protection of women from domestic violence act 2005, by the present respondent. ..... though it is true that the judge will not get influenced only because his staff, is involved as party to the proceeding, this circumstance needs to be considered from the view point of other side and the judge is required to step in the shoes of the party and then think about the matter. 4. ..... the new court is to take care and see that, in any case, the main matter itself is disposed of within three months from the date of receipt of this order. ..... , within 15 days from today. .....

Pallavi Vs. The State of Maharashtra and Another

Court : Mumbai Aurangabad

..... it is also relevant to mention that the proceedings under section 12 of the protection of women from domestic violence act, 2005 has been initiated by the wife in the year, 2005 and neither name of the petitioner is mentioned nor any specific role is attributed to her in the said proceedings. ..... where there is an express legal bar engrafted in any of the provisions of the code or the concerned act, (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provisions in the code of the concerned act, providing efficacious redress for the grievance of the aggrieved party. 7. ..... her husband then poured kerosene on the person of the complainant from back and threw burning match stick on her sari. ..... the view taken by us also lends support from the view taken by the supreme court in cases of (1) preeti gupta and anr. ..... the petitioner has placed on record sufficient material, which clearly indicates that she is residing at pune from the year, 2009. 12. ..... it is alleged that the husband of complainant then took her to backside of the house and poured kerosene from the plastic can. ..... thereafter, immediately again he took her inside and locked the door from inside. .....

Imran Khan Vs. Sobiya Tabassum

Court : Mumbai Aurangabad

..... she had also initiated proceedings under the provisions of protection of women from domestic violence act, 2005 etc. ..... it is worth to mention that principle propounded in sections 352 and 354 of the mohammedan law could not be read in isolation, but it should be conjointly considered with provisions of the guardians and wards act, 1890, which vests discretion in the court to issue requisite directions about custody for well beings of the ward. 12. ..... but, the law contemplates that while determining issue of custody of minor child under section 25 of the act mere status of father as natural guardian would not itself be significant for favourable order in the proceedings. ..... the learned trial court rendered findings that the appellant is not entitled for relief of custody claimed under section 25 of the act of 1890 and rejected the petition by impugned judgment and order, which is agitated in this appeal. 7. ..... title of guardian to custody of ward - (1) if a ward leaves or is removed from the custody of a guardian of his person, the court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return, and for the purpose of ..... the appellant - father used to travel from parbhani to manwat for his employment and remained out of the house for most of the time of the day. ..... in the meanwhile, taking recourse of section 25 of the act of 1890, the appellant-petitioner moved application for custody of minor son "umarkhan. .....

Sarika Mahendra Sureka Vs. Mahendra and Another

Court : Mumbai

..... according to learned counsel for the appellant, the trial court has failed to consider these aspects and especially the appellant s right of residence in her matrimonial home, which is recognized under the protection of women from domestic violence act, 2005 (hereinafter referred to as, d.v. ..... hence keeping in view the rights guaranteed under article 14, 15, and 21 of the constitution of india and in order to provide for a remedy under the civil law, for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society, the act was enacted to provide her various reliefs. 43. ..... in 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. 55. ..... no restrictive meaning has been given to the expression relative , nor has the said expression been specifically defined in the domestic violence act, 2005, to make it specific to males only . 14. ..... the other aspect, which this court wishes to highlight, is that the 2005 act applies to all communities, and was enacted "to provide more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family". .....

Shammi Nagpal Vs. Sudhir Nagpal, Director of Hotel Taj-president,

Court : Mumbai

Reported in : 2008(5)BomCR149; (2008)110BOMLR1797

..... of a daughter-in-law to live in her mother-in-law's house, in the light of the provisions of the protection of women from domestic violence act, 2005, (for short, 'act of 2005') was under consideration. ..... he submitted that the protection of women and domestic violence act, 2005 has and can have no application to a ..... invited my attention to the provisions in domestic violence act and submitted, the plaintiff's right as a wife of the defendant to share the home is well protected therein and the defendants have taken possession of the suit premises in flagrant violation of the provisions of the said act. ..... , have unfortunately stooped to forcibly dispossessing the plaintiff by breaking open the front door and entering the suit premises and removing her possession in her absence, have committed several criminal acts and hence the reliefs sought in the motion, deserve to be granted to protect and restore her rights in and to the suit premises. ..... therefore, in my opinion, the provisions of the act of 2005 has and can have no application to a third party, ..... , right of deserted wife to contest the eviction suit was under consideration wherein the supreme court has observed that the tenant cannot by collusion or by deliberate prejudicial act give up the protection of law to the detriment of his family members. ..... the suit is instituted under section 6 of the specific reliefs act, 1963 alleging forcible dispossession from the suit premises between 14.3.2008 and 17.3.2008 when the plaintiff was out .....

Vijay Sudhakar Patil Vs. Asha Vijay Patil

Court : Mumbai Aurangabad

..... filing the case there is stated to be based on the strength of section 27(1)(a) of the protection of women from domestic violence act, 2005. ..... has uncle residing at khamgaon, she appears to have gone there and filed the proceedings under the protection of women from domestic violence act, 2005. ..... filing the proceeding at khamgaon is the provision of section 27(1) (a) of the protection of women from domestic violence act, 2005. ..... jurisdiction is to be decided on the basis of section 27 (1)(a) of the protection of women from domestic violence act, 2005. ..... khamgaon under the protection of women from domestic violence act, 2005. ..... khamgaon, then she filed fir at under section 498a at jamner in september, 2012 (where it is submitted she was staying when she filed fir) and now she has filed proceedings under domestic violence act at khamgaon on 8th october, 2013. ..... documents, the counsel argued that the respondent is resident of neri digar and only with a view to harass the petitioner and his old parents, the proceedings under the domestic violence act are filed at khamgaon. 7. ..... , it is clear that the marriage took place at neri digar and the parties resided at neri digar and cause of action for which the domestic violence case has been filed also arose at neri digar. ..... incidents referred in the complainant did not take place at khamgaon, still, in view of this provision in favour of women, the respondent is entitled to maintain her complaint at khamgaon as she is temporarily residing there. .....

SachIn Vs. Sau. Sushma

Court : Mumbai Nagpur

..... section 28 of the protection of women from domestic violence act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the protection of women from domestic violence act, 2005. ..... an application under section 12 of the protection of women from domestic violence act, 2005 before the learned magistrate. ..... of section 28 of the protection of women from domestic violence act, 2005 reads as under:- 28(2) ..... from the order of the learned magistrate that the learned magistrate was of the view that he could formulate his own procedure under section 28(2) of the protection of women from domestic violence act, 2005 ..... section 125(1)(a) of the code of criminal procedure are analogous to the reliefs available under section 20 of the protection of women from domestic violence act, 2005. ..... getting compliance of the orders passed by the magistrate under section 125(1) of the code will have to be followed for executing the orders passed by the magistrate under section 20 (monetary reliefs) of the protection of women from domestic violence act, 2005. ..... if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such magistrate may consider .....

Deepak Mahaveerprasad Gupta Vs. Sonu Gupta and Others

Court : Mumbai

..... the learned trial court and appellate court was as to whether despite the said order of grant of rs.20,000/- by way of maintenance, was it necessary or permissible to grant additional maintenance to respondent nos.1 to 3 by way of interim order under protection of women from domestic violence act, 2005. ..... or under protection of women from domestic violence act, can be passed on the basis of palpable income of the husband. ..... the present petition under protection of women from domestic violence has been filed by respondent no.1 on behalf of herself and on behalf of her children, in the year 2010, in the court of judicial magistrate, first class, ..... is the respondent in criminal miscellaneous application no.737 of 2010 pending in the court of 3rd judicial magistrate, first class, vashi, under provisions from domestic violence act. ..... as far as the domestic violence is concerned, both the courts below came to the conclusion, that there appeared to be economic violence imposed by the applicant on respondent no.1 and therefore, there exist a case for passing an interim ..... since the sales are genuine, the assessee has purchased the material not from these parties but somewhere else for which the payment was made in cash ..... whether there existed, a prima facie case of economic violence or not, and / or whether respondent nos.1 to 3 were entitled to the orders passed by the courts below can be examined in the light of material on record, which was brought before the trial magistrate and before the .....

Minoti Subhash Anand Vs. Subhash Manoharlal Anand

Court : Mumbai

..... be attracted to the facts of this case in view of the fact that the learned metropolitan magistrate, 40th court before whom the applicant has filed proceedings under the provisions of 'protection of women from domestic violence act, 2005' (hereinafter referred to as the domestic violence act) is not subordinate to the high court. 3. ..... said judgment has held that under section 26 of the protection of women from domestic violence act, 2005, the family court has ample powers to deal with the proceedings initiated by the wife under the domestic violence act. 11. ..... said complaint clearly indicates that the applicant had applied for protection under section 18 of the domestic violence act prohibiting the respondent from interfering with the access of the applicant in the matrimonial home and for injunction dispossessing the applicant in any manner whatsoever from the matrimonial home. 20. ..... of the applicant which has commenced before the metropolitan magistrate in her complaint filed before under the provisions of domestic violence act can be continued from the stage it was before the learned metropolitan magistrate. ..... enacted in 1984 whereas the domestic violence act was enacted in 2005 and thus section 7(2) of the family court act, 1984 which provides that the family court shall have jurisdiction to exercisable by the magistrate of first class, the family court would not be construed as a magistrate of the first class for the purpose of trying the proceeding under domestic violence act. .....

Mangesh Sawant Vs. Minal Vijay Bhosale and anr.

Court : Mumbai Aurangabad

..... that since shri vijay yashwant bhosale harassed the respondent no.1, the respondent no.1 invoked the provisions of the protection of women from domestic violence act, 2005 by filing criminal case no.18 of 2010 under sections 18, 19, 20, 21 of the protection of women from domestic violence act, 2005 in which the respondent no.1 impleaded the present petitioner in the capacity of friend of husband of the respondent ..... 482 of the code of criminal procedure, 1973 read with article 227 of the constitution of india praying for quashing the proceedings of the application made by the first respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act"). 2. ..... is required to be filed in accordance with the format prescribed by rule 6 of the protection of women from domestic violence rules, 2006 (hereinafter referred to as "the said rules"). ..... the preamble of the act shows that the same has been enacted to provide more effective protection to the rights of women guaranteed under the constitution of india who are victims of violence of any kind occurring within the family and matters connected therewith ..... various reliefs which can be granted under the said act are as under : (a) under section 18, protection order can be passed in favour of the aggrieved person; (b) under section 19, residence order can be passed in favour of the aggrieved person; (c) section 20 provides for grant of monitory relief of maintenance, medical expenses .....