Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: mumbai Page 6 of about 122 results (0.165 seconds)

Jovita Olga Ignesia Mascarenhas e Coutinho Vs. Rajan Maria Coutinho an ...

Court : Mumbai Goa

..... filed an application in the prescribed form i and ii under section 12 of the protection of women from domestic violence act, 2005 ('the domestic violence act', for short) alleging domestic violence and sought protection order as also monetary benefits by way of maintenance of rs. ..... is, however, further held in the aforesaid case that section 2(f) of the domestic violence act embraces a wider concept by affording protection not only to legally wedded wife but also to a woman who is having domestic relationship which may not strictly be marriage but is in the nature of marriage ..... it has been held that a relationship in the nature of marriage is akin to a common law marriage which requires, in addition to proof of the fact that parties had lived together in a shared household as defined in section 2(s) of the domestic violence act, the following conditions to be satisfied: (a) the couple must hold themselves out to society as being akin to spouses; (b) they must be of legal age to marry; (c) they must be otherwise qualified to enter into a legal marriage, including being ..... it was held that the application under section 12 of the domestic violence act, at the instance of the petitioner, in respect of the alleged acts of domestic violence which took place when she had resided with the respondent, prior to 26/10/2006, ..... , the aggrieved person need not ask for all the reliefs available under the domestic violence act and she can ask for any one or more of the reliefs, whichever she .....

Komal W/O Vitthal Suryawanshi Vs. Vitthal Dhanaji Suryawanshi

Court : Mumbai Aurangabad

..... dispute that the proceedings which are initiated by the applicant under the provisions of protection of women from domestic violence act, 2005, at aurangabad, and the respondent has attended and participated in those proceedings. ..... invited my attention to the averments in the application and in particular paragraphs 6 to 10 of the application and submitted that the respondent is attending the proceedings filed by the applicant under the provisions of protection of women from domestic violence act, 2005 in the court of learned j.m.f.c. ..... certain relief under the provisions of protection of women from domestic violence act, 2005 in the court of learned j.m.f.c ..... is mental and physical harassment to the respondent-husband at the hands of the applicant-wife and her family members, as stated in detail in written statement, filed in the proceeding initiated under the provisions of protection of women from domestic violence act, 2005 i.e. m.a. ..... the learned counsel appearing for the respondent relying upon the affidavit in reply, submits that there are threats to the respondent from the applicant and her relatives and if the respondent comes at aurangabad for attending the proceedings, there is danger to his ..... 26-4-2011 at exh.59 wherein she had prayed to direct the respondent-husband to pay amount of ad interim maintenance and until the payment of amount of ad interim maintenance is made, the respondent-husband be restrained from participating in further proceedings in the above said matter. .....

Sau. Kalpana W/O Santosh Jadhav Vs. Hanma @ Seema W/O Govindrao Jadhav ...

Court : Mumbai Aurangabad

..... petitioner has filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act ) against 8 persons, including the respondent nos. ..... aforesaid, the view taken by the additional sessions judge that women will not be covered by the definition of the term respondent, as given in the domestic violence act, is clearly contrary to law. ..... went on to discuss, whether or not, there were sufficient grounds for proceedings against the said respondents and by taking a view that there were no such grounds, directed the names of the said respondents to be deleted from the application under section 12 of the domestic violence act. 5. ..... question is whether the considerations which should weigh in deciding whether the process to answer a criminal charge has been rightly issued, should arise in proceedings instituted on the basis of section 12 of the domestic violence act. 6. ..... the magistrate made it clear that whether domestic violence had taken place, would be considered only after the ..... of the contentions raised by the respondents, who are women, was that in view of the definition of the term respondent as given in the said act, the proceedings against them were not maintainable. ..... proceedings under the provisions of the said act cannot be equated with a criminal trial. ..... to 6 made an application before the learned magistrate who is seized of the matter, praying that their names be deleted from the array of the respondents. .....

Shaikh Ishaq Budhanbhai Vs. Shayeen Ishaq Shaikh and Others

Court : Mumbai Aurangabad

..... 2011 for orders under section 23 read with section 12, 17, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 (hereafter referred to as d.v. ..... the application made by the applicant under the domestic violence act for protection order can not be viewed as a complaint of the offence u/s 31 of the domestic violence act. ..... 31 of the domestic violence act makes a breach of protection order, final or interim, an offence under the said act. ..... gives freedom to the court dealing with the applications under section 12 or under subsection (2) of section 23 of the domestic violence act to lay down its own procedure for its disposal. 9. ..... section 28 of the domestic violence act reads as under: ..... criminal procedure, 1973 prescribing bar to taking cognizance after the lapse of the period of limitation prescribed therein would only arise at the time of taking cognizance of such an offence as spelt out under section 31 of the domestic violence act. ..... in the instant case, learned magistrate passed an interim protection order granting maintenance which by itself does not constitute ..... date of the alleged desertion of the respondents, there was no protection order and as such there could be no breach of it translating the said occurrence into a crime as spelt out under section 31 of the said act. ..... magistrate (first class), ahmednagar ordered an inquiry and called for its report from tahsildar, ahmednagar as per the provisions of the said act vide order dated 07/07/2011. .....

Reena Vivek Sinha Vs. Preetimala Sinha and Another

Court : Mumbai

..... and other family members became rather strained and as such sometime in the mid of may 2012, the present appellant filed an application under the protection of women from domestic violence act, 2005 before the jmfc, chhatarpur, madhya pradesh against the present respondent and also against her elder son and daughter-in-law as well as against two daughters and son-in-laws. ..... without going into much details as to what happened subsequently, suffice it to say that the said learned jmfc, chhatarpur, madhya pradesh had disposed of the application under domestic violence act preferred by the present appellant vide order dated 22.7.2013 and thereby custody of the child was permanently directed to be given to the present appellant / then petitioner, however, ..... bring to the notice of the family court, bandra, pendency of the application preferred by the present applicant under domestic violence act and in which one of the prayers was also for custody of the child. 8. ..... bandra, mumbai and also not brought to the notice of jmfc, chhatarpur, madhya pradesh during pendency of the application preferred by the present appellant for action under domestic violence act. ..... the court record before learned jmfc, chhatarpur, madhya pradesh that the present respondent i.e the grandmother of the child did file appearance in the said matter of domestic violence and also filed written submission and it is also a factual position that the time was sought for handing over custody of the small child anjali to her .....

Bindiya A. Chawla and ors. Vs. Ajay Lajpatrai Chawla and ors.

Court : Mumbai

Reported in : 2009(5)BomCR486

..... to the right of residence, which is implicit in her right of maintenance, as a wife, under section 17 of the protection of women from domestic violence act, 2005 (the said act).10. ..... right to reside in a shared household -(1) notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. ..... black's law dictionary, 7th edition, 1999 as ' the house where husband and wife live together' the concept of such matrimonial home can also be gathered from the legal provisions granting territorial jurisdiction to court in case of matrimonial disputes - to cite - under section 19 of the hindu marriage act, 1955 the court to which a petition under the act could be presented was, inter alia, the court in which the parties last resided together. ..... when the plaintiffs can show a nucleus of the huf and the acquisition from that nucleus of any of the properties any relief in respect thereof and for the protection of such properties for ascertaining share of plaintiffs no. ..... the plaintiffs in the said flat is required to be protected consequent upon the title of plaintiff no. ..... right to reside in the suit flat under the protection granted by the said statutory possession. ..... wife cannot, therefore, have the right of residence under section 17 of the act in the suit flat in which the parties did not share their residence since .....

Deborah Mary Crasto Leclerc Vs. Patrick Oliver Leclerc

Court : Mumbai Goa

..... matrimonial dispute between the parties, the petitioner has filed an application on 23/01/2012 under the protection of women from domestic violence act, 2005 (the act, for short) before the learned magistrate, mapusa for various reliefs. ..... to find out truth as to the allegations of respondent, indulging into the acts of domestic violence vis-a-vis the petitioner. ..... point out that the whole purpose of the enquiry before the magistrate, is to find out the truth, as to whether the respondent has indulged into acts of domestic violence vis-a-vis the petitioner. ..... the respondent would also be equally material witness, in the matter, in refuting the allegations regarding indulgence into acts of domestic violence. ..... petitioner that the respondent was indulging into acts of domestic violence. ..... , it is submitted by shri rao, the learned counsel for the respondent that in view of the case set up by the petitioner, about there being acts of assault by the respondent against the two sons in public place and also certain acts, which are attributed to the respondent in respect of the incidents, which have allegedly occurred in the presence of two sons, they would be witnesses, who ..... , in order to submit that on cumulative reading of subsections (1) and sub-section (2) of section 28 of the act and rule 6(5) of the rules framed thereunder, it is evident that nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 of the act. .....

Uday Narendra Shah Vs. Narendra Amritlal Shah

Court : Mumbai

..... (such a right is not available to a wife of a coparcener except for enjoyment and possession of a property which is her matrimonial home or shared residence) (see section 17 of the protection of women from domestic violence act, 2005 (d.v. ..... consequently a wife has no share, right, title or interest in the huf in which her husband is a coparcener with his brothers, father or sons (and after the amendment of section 6 of the hindu succession act in 2005 with his sisters and daughters also). 14. ..... it was further held in para 4 of the judgment that a hindu joint family consisted of a person lineally descended from a common ancestor and includes their wives and unmarried daughters unlike a hindu coparcenary which would be a narrower body and included only persons who acquired, by birth, interest in the joint or coparcenary ..... pending that the garage must be protected against alienation and sale. 7 ..... even after the amendment of 2005 to section 6 of the hindu succession act a wife would not be a coparcener; only a daughter of a coparcenar would be a coparcener ..... judgment considered the hindu women's right to property act, 1937. ..... deceased did not get the share which belonged to her husband in the huf upon her husband's death as per section 3 of the hindu women's right to property act, 1937. ..... female cannot be a coparcener although she may be a member of a joint hindu family (the position in law has changed upon the amendment to section 6 of the hindu successions act, 1956 by the amendment of 2005. .....

Virginia Pascol Patil Vs. Shashikant Mahadeo Patil @ Pascol Francis Pa ...

Court : Mumbai

..... secondly, it is contended that in the petition filed under the protection of women from domestic violence act, 2005 (for short "the said act of 2005"), in addition to interim maintenance of rs.1,000/- per month, an amount of rs.400/- per month towards ..... granted at the rate of rs.4,000/- per month is brought down to rs.2,500/- per month on the following grounds: (i)the court of the metropolitan magistrate in the proceeding of the domestic violence act,2005 granted interim maintenance at the rate of rs.1,000/- per month to the wife and directed payment of rs.400/- per month towards rent; (ii) the wife has completed nursing course and ..... no ground to reduce maintenance amount from rs.4,000/- to rs.2,500/- per month even after taking into consideration interim maintenance ordered to be paid in the proceedings under the said act of 2005 considering the income of the husband ..... application no.18 of 2012 in petition no.a-682 of 2009 is hereby dismissed; (iii) we direct the respondent-husband to pay cost of this appeal quantified at rs.10,000/- to the appellant-wife within a period of eight weeks from today; (iv) civil application no.165 of 2013 does not survive and the same is disposed of. ..... 2011 passed by the learned judge of the family court at bandra,mumbai in petition no.a682 of 2009, while granting a decree of divorce under the provisions of the special marriage act,1954, the learned judge granted a decree of permanent alimony in the sum of rs.4,000/- per month from the date of decree. 2. .....

Gahihinath Vs. Kausalyabai

Court : Mumbai Aurangabad

..... the respondent had filed an application under the provisions of the protection of women from domestic violence act, 2005 [for short, ' domestic violence act'] before the judicial magistrate first class, ausa, seeking monetory reliefs. ..... the respondent approached the court of sessions by filing an appeal u/s 29 of the domestic violence act. ..... the proviso to sub section (1) empowers the assistant sessions judge or the chief judicial magistrate only to hear the appeals from an order passed by a magistrate of the second class if such appeals are made over to them by the sessions judge of the division, or by the high court in accordance with the provisions of sub section (2) of section 381 of the code. 6. ..... d.s.hatarote was working as an assistant sessions judge-3 at latur, which is, even otherwise, clear from the designation of the learned judge, as appearing below his signature on the copy of the impugned order. 5. .....