Court : Mumbai
..... the applicant-wife has challenged the order of the court of sessions at greater bombay dated 27.10.2010 holding that her application under the prevention of women from domestic violence act, 2005 (d.v act) is not maintainable because she was not in any domestic relationship. 2. ..... a wife who lived in a domestic relationship earlier, but which ceases only because of any domestic violence can certainly file an application for such domestic violence that took place whilst she lived in that relationship. ..... a wife who has returned from the usa and consequently from the domestic relationship and lived in india for one year cannot file an application with regard to that relationship after such time. ..... the learned judge has considered that under these circumstances, she having come to india in february, 2009 and having filed this application in january, 2010, there was no domestic relationship between the parties. ..... that having came to an end and long after the physical relationship came to be an end, she having returned to india, she cannot be taken to be living in any domestic relationship in india. 5. ..... such wife cannot be taken to be in any domestic relationship. ..... the learned judge has considered the definition of domestic relationship. ..... there are two issues from the marriage. ..... act for the reliefs under the act. 6. ..... she filed her application under the d.v act on 18.01.2010. 4. ..... act could be filed, when the marriage union subsisted. .....
Tag this Judgment!Court : Mumbai
..... respondent had filed application under the provisions of protection of women from domestic violence act (hereinafter referred as "the said act"). ..... (ii) petitioner is directed to deposit the amount of maintenance at the rate of rs.7,000/- per month till 20/02/2015 and from 20/02/2015 petitioner shall deposit the amount of maintenance at the rate of rs.6,000/- per month. ..... notice was sent to the protection officer and the report did not bear the signature or seal of the office of the protection officer and therefore according to the appellate court, summons were not duly served in accordance with law and hence, the impugned order dated 25/04/2013 was quashed and set aside by an order dated 27/09/2013. ..... today, in the course of hearing of the present petition, learned counsel for the petitioner, upon instructions from the petitioner who is present in the court submits that respondent is earning sufficiently. ..... the same shall be executed within a week from the receipt of this order. ..... matter was adjourned from time to time and the interim relief was extended. ..... the income from running the beauty parlour may not be stable income which would be sufficient for her survival. 8. ..... (iii) petitioner shall clear the arrears within 6 weeks from today. .....
Tag this Judgment!Court : Mumbai
p.c. the petitioner husband has challenged the order passed by judicial magistrate first class, court no.9, pune dated 27th december, 2010 granting maintenance of rs.5,000/- each to the wife and the child of the parties and restraining him from having any communication with them. the petitioner and respondent no.1 who were married about 40 years ago. their child respondent no.2 is shown to be 38 years of age. respondent no.1 is shown to have lived with the petitioner for 12 years and thereafter separated. the parties cannot be taken to be living in any domestic relationship. hence domestic violence act would not apply. order passed under that act is, therefore, seen to be passed without jurisdiction. 2. respondent no.2 is stated to be mentally challenged. however, he is not a child as defined in section 2(b) of the d v act. the child may be entitled to be maintained as a mentally challenged person under any other law. the petitioner may make such application under appropriate law in the competent court. however, the impugned order is required to be and is set aside. 3. criminal application is disposed off accordingly.
Tag this Judgment!Court : Mumbai
..... the respondent no.1 has filed an application under section 12 of the protection of woman from domestic violence act (for short 'the d.v.act') which is pending before the judicial magistrate, first class at bhiwandi. ..... however, if the learned magistrate feels certain that he would be able to dispose of the main proceedings within a period of two months from today, he need not re-consider the question of grant of interim maintenance. 15. ..... act within a period of two months from today, he may not re-consider the question of grant of interim maintenance. 12. ..... it is not in dispute that in two other proceedings, the respondent no.1 wife is already getting maintenance from the petitioner. ..... act, and such interim order can be passed even ex-parte. ..... act. 7. ..... act, and such interim maintenance was granted by the learned magistrate by an order dated 23rd august 2011. .....
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. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the applicant has also filed proceedings under section 12 of the women's domestic violence protection act, 2005 against the respondent-husband and his relatives in the court of the judicial magistrate, first class, beed and same is pending. 4 ..... it is the case of the applicant that, on non fulfillment of the demand of the respondent-husband, the applicant was driven out from matrimonial house and therefore, she went to reside with her parents. ..... is submitted that, at no point of time, the respondent-husband has ill-treated or demanded any amount from the father of the applicant for purchasing flat or furniture. ..... after delivery of a child, the respondent-husband demanded rs.2,00,000/- from father of the applicant and in case, such demand is not fulfilled, the respondent-husband threatened the applicant that, the applicant has to go back to her parent's ..... these are two main grounds, apart from other grounds raised by the applicant, which would tilt the balance of convenience in favour of the applicant. ..... of 2012 to the court of the civil judge, senior division, beed, within one week from receipt of copy of this order. ..... was not driven out from the matrimonial house. ..... application is filed for transfer of the proceedings from ahmednagar to beed. 5. ..... the summons from the court of 5th joint civil judge, senior division, ahmednagar is received by the applicant at ..... 56 of 2012 from the court of 5th joint civil judge, senior division, ahmednagar to the court of the civil judge, senior division, .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the applicant has also filed proceedings under section 12 of the women's domestic violence protection act, 2005 against the respondent-husband and his relatives in the court of the judicial magistrate, first class, beed and same is pending. 4 ..... it is the case of the applicant that, on non fulfillment of the demand of the respondent-husband, the applicant was driven out from matrimonial house and therefore, she went to reside with her parents. ..... is submitted that, at no point of time, the respondent-husband has ill-treated or demanded any amount from the father of the applicant for purchasing flat or furniture. ..... after delivery of a child, the respondent-husband demanded rs.2,00,000/- from father of the applicant and in case, such demand is not fulfilled, the respondent-husband threatened the applicant that, the applicant has to go back to her parent's ..... these are two main grounds, apart from other grounds raised by the applicant, which would tilt the balance of convenience in favour of the applicant. ..... of 2012 to the court of the civil judge, senior division, beed, within one week from receipt of copy of this order. ..... was not driven out from the matrimonial house. ..... application is filed for transfer of the proceedings from ahmednagar to beed. 5. ..... the summons from the court of 5th joint civil judge, senior division, ahmednagar is received by the applicant at ..... 56 of 2012 from the court of 5th joint civil judge, senior division, ahmednagar to the court of the civil judge, senior division, .....
Tag this Judgment!Court : Mumbai
..... passed.2.though the petition is not expressly stated to be filed under the provisions of the protection of women against domestic violence act (dv act), the substantial interim reliefs are available to the wife under it and it is gratifying to note that the learned judge has impliedly treated the interim application as one also under the dv act and granted reliefs.3.the wife s essential case is that her husband is an inveterate and ..... therefore, expressly excludes the consideration of ownership rights as a condition for determining whether or not a particular property is a shared household.26.the dv act grants protection to women in a shared household (or matrimonial home) in case of any domestic violence perpetrated upon her therein.27.under the relevant portion of section 3 of the dv act, domestic violence is defined inter alia as the omission or commission or conduct of the respondent which:(a) harms or injures or endangers the health, safety, life ..... under section 1(1) of the said act, an injunction could be issued restraining the other party from molesting the applicant or her children as also from excluding the other party from the matrimonial home or any part thereof and from permitting the applicant to enter into the matrimonial home or any part thereof.under section 2 of the said act, where an injunction restraining violence or excluding the other party is ..... appi reddy 2005 3 scc 313, since prior to the enactment of the dv act, in this case the wife has claimed and been .....
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