Court : Mumbai Goa
..... the respondent filed proceedings under section 12 of the protection of women from domestic violence act, 2005, before the learned judicial magistrate first class at mapusa, claiming various reliefs including maintenance, cost of litigation and ..... apart from the proceedings under the domestic violence act, the respondent has also filed matrimonial ..... impugned judgment, the appeal filed by the petitioner has only been partly allowed, thereby modifying the order dated 24.07.2014, passed by the learned judicial magistrate first class, mapusa, in a case under the domestic violence act. 3. ..... (d) the petitioner shall regularly pay the monthly interim maintenance/litigation expenses from 01.09.2015, to the respondent, before 5th of each english calendar month, before the judicial magistrate first ..... that by an interim order dated 24.07.2014, the learned magistrate granted interim maintenance at the rate of rs.38,000/- per month, to the respondent from the date of the application, alongwith rs.6,000/- per month, towards cost of litigation. ..... that although, the petitioner is in real estate business, in a suit filed by the respondent, there is an order by which the petitioner is restrained from transferring or creating third party interest in various properties, as a result of which, the petitioner is precluded from doing his business. ..... shall pay interim maintenance at the rate of rs.25,000/- per month and litigation expenses at the rate of rs.6,000/- per month from 21.03.2014, to the respondent. .....
Tag this Judgment!Court : Mumbai Goa
..... 4 herein in the court of judicial magistrate first class, ponda, under section 12 of the protection of women from domestic violence act, 2005 (herein after referred to as the act ). ..... she has also filed an application for protection orders under section 19 to restrain the respondents and her husband from causing any domestic violence to her and to her child and to restrain them from dispossessing her or obstruct her from entering the matrimonial home at borivali, as also to restrain respondent no.2 from alienating or encumbering the residential house at borivali without intimation to her, selling or mortgaging her jewellery in the custody of respondent no.2 and for ..... also contended that since the petitioner had been residing separately from her husband and other family members since the year 2004, there was no question of granting any protection order. ..... the claim of the petitioner of the house at borivali being a shared household as contemplated by the provisions of the act, the respondents contended that same belongs exclusively to respondent no.1, the mother-in-law. ..... it is admitted position that the revision petitioner has been residing separately from her husband who is not a party to the present petition since 1st ..... besides, the petitioner had been staying away from the husband for more than four years prior to filing of the complaint which fact has not been taken into consideration by ..... further, since the petitioner had already shifted from that house, it cannot have the character .....
Tag this Judgment!Court : Mumbai
..... on 27th december 2012 the petitioner also filed a proceeding under sections 12, 18, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the court of additional chief metropolitan magistrate, 40th court at girgaum, mumbai being cc no.637/ss/2012, [hereinafter referred to as "dv act proceedings"]. ..... taking totality of the facts and circumstances of the case into consideration especially the deposits and withdrawals of amounts by the respondent as disclosed from the bank statement and debit card statements and statement made by the respondent in his reply in the dv act proceedings, in my opinion, the ends of justice would be met if the respondent is directed to pay to the petitioner interim maintenance @ rs.1 lac per month from the date of the impugned order. 19. ..... act 2005, the respondent denies that the applicant has been subjected to any expense or loss suffered in monetary terms. ..... act 2005 the respondent submits that this prayer of the applicant has to be taken into consideration in the light the suit which the respondent has filed against the applicant in the family court at new delhi seeking ..... this writ petition arises from an interim maintenance proceedings under section 18 of the hindu adoptions and maintenance act, 1956. .....
Tag this Judgment!Court : Mumbai Goa
..... , sanguem, dated 18.03.2010, whereby the interim relief sought by the petitioner under section 23 of the protection of women from domestic violence act, 2005, came to be dismissed. ..... shri rodrigues, learned counsel appearing for the petitioner, upon instructions from the petitioner, is agreeable to provide visitation rights to the respondent and that such visitation rights shall initially be on every working saturday in the court of the learned j.m.f.c. ..... , i pass the following : order (i) the impugned orders passed by the courts below are modified and the respondent shall pay interim maintenance to the petitioner and her minor child at a sum of rs.6,000/- per month, from january, 2012 until the disposal of the main petition. ..... dessai, learned counsel appearing for the respondent, upon instructions, has agreed to pay a sum of rs.6,000/- per month as interim maintenance from january, 2012 onwards. ..... the amounts from january, 2012 upto july 2012 shall be paid after deducting any amount which at all paid by the respondent to the petitioner. ..... , sanguem, from 3.00 p.m. to 5.00 p.m. 7. .....
Tag this Judgment!Court : Mumbai Goa
..... , sanguem, dated 18.03.2010, whereby the interim relief sought by the petitioner under section 23 of the protection of women from domestic violence act, 2005, came to be dismissed. ..... shri rodrigues, learned counsel appearing for the petitioner, upon instructions from the petitioner, is agreeable to provide visitation rights to the respondent and that such visitation rights shall initially be on every working saturday in the court of the learned j.m.f.c. ..... , i pass the following : order (i) the impugned orders passed by the courts below are modified and the respondent shall pay interim maintenance to the petitioner and her minor child at a sum of rs.6,000/- per month, from january, 2012 until the disposal of the main petition. ..... dessai, learned counsel appearing for the respondent, upon instructions, has agreed to pay a sum of rs.6,000/- per month as interim maintenance from january, 2012 onwards. ..... the amounts from january, 2012 upto july 2012 shall be paid after deducting any amount which at all paid by the respondent to the petitioner. ..... , sanguem, from 3.00 p.m. to 5.00 p.m. 7. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... filed by sonali , so also, the proceeding under protection of women from domestic violence act, 2005. ..... of the community can be manifested only at the cost of forfeiting the trust and faith of the community in the system to administer justice in an even handed manner without fear of criticism from the quarters which view white-collar crimes with a permissive eye unmindful of the damage done to the national economy and national interest. 31. ..... of minor victim pw 10 came to be recorded after examining her competency to testify in terms of provisions of section 118 of the indian evidence act by putting her some preliminary questions in order to understand whether she is in a position to give rational answers to those questions because of her ..... shri dhorde, learned senior counsel appearing for the applicant/accused, after pointing out the relevant dates coming on record from the evidence of informant pw-7 manoj deore, contended that the minor victim girl was having tons of opportunity to disclose the incident to ..... the code of criminal procedure as such cannot be invoked as a disguise for a retrial in such a case after not availing an opportunity to enter upon defence as seen from the verdict of the hon'ble apex court in the matter of rambhauand another v/s state of maharashtra reported at (2001) 4 scc 759. 20. ..... of sonali manoj deore, she was not in company of the minor victim girl from 3.5.2009 to 22.7.2009 as said minor victim girl was left at the house of sunanda deore paternal .....
Tag this Judgment!Court : Mumbai Goa
..... the respondent herein filed criminal miscellaneous application no.159/2009/a before the judicial magistrate, first class, mapusa under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 ('the act' for short). ..... learned sessions judge, north goa, panaji dismissed the appeal filed by the petitioner herein, but partly allowed the appeal preferred by the respondent and held that she would be entitled to the amount from the date of the application till the decision of the proceedings on merits. 6. ..... the appellate court shall decide as to the date from which the order shall come into effect inasmuch as learned magistrate had not stated as to the date from which the order shall come into effect. 9. ..... considering that the matter pertains to grant of monetary relief in favour of the complainant under the act, learned sessions judge shall dispose of the appeal expeditiously. ..... the respondent also claimed maintenance at the rate of rs.67,500/- per month from the date of filing of the application i.e. ..... from a bare perusal of the impugned judgment, it is obvious that the lower appellate court has failed to exercise jurisdiction in accordance with settled law. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 07-10-2013 he sent a legal notice and thereafter received a notice from wife under the protection of women from domestic violence act, 2005. 12. ..... on the basis of evidence on record it is clear that conduct of the husband in suspecting the character of wife, physically assaulting and harassing her as she was coming home late from work place due to the nature of her job are the facts duly established amounting to cruelty and wife is entitled to a decree of divorce on the ground of cruelty. 21. ..... the next significant factor in the case on hand is that petition for divorce under section 13-b of the hindu marriage act was filed by the husband and wife before the court at amravati but according to husband as access to child was denied he refused for divorce by mutual ..... the trifle issue she called her mother and brother at pune who straightway went to police station and threatened him that if he refuses his wife to act according to her wish she would commit suicide and put him in jail. ..... was called by her brother on phone and anyhow she could manage to escape from the house and reached the police station. ..... respondent however went on shifting his job from place to place and appellant used to ..... not the case of husband that his signature on petition under section 13-b of the hindu marriage act was obtained by force, fraud or coercion. ..... according to wife respondent is suffering from inferiority complex and due to constant ill-treatment it is not possible for her to pull on in the company of .....
Tag this Judgment!Court : Mumbai
order(i) criminal revision application no. 317/2006 is dismissed.(ii) respondent is directed to pay costs of rs. 15,000/- (rupees fifteen thousand only) to the applicant - manda within a period of four weeks from today, failing which the same shall be recovered by the family court by adopting procedure for recovery of fines.
Tag this Judgment!Court : Mumbai Aurangabad
..... 141/2008 filed under section 12 of the domestic violence act, 2005 [hereinafter referred as the "act" for short] is allowed by the sessions court. ..... having regard to the provisions of domestic violence act, 2005? 3. ..... the definition of the term 'aggrieved person' is given in section 2 (a) of the act and it is as under:- "(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; " the term 'domestic relationship' is defined in section 2 (f) of the act and it is as under:- "(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 ..... all this evidence has created a probability that the respondent married with the petitioner as he was not having issue from the first wife, but the petitioner did not conceive and so the dispute started. ..... she had claimed relief like protection order, allowance for making payment of rent and compensation amount. ..... therefore, women in live-in relationships are also entitled to all the reliefs given in the said act. .....
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