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 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the learned counsel appearing for the petitioner further submitted that there is a strong nexus amongst the issues like poverty, unemployment, crimerate, domestic violence, human development and alcoholism. ..... it is submitted that the maharashtra water resources regulatory authority [mwrra] act, 2005 requires every person / industry to possess entitlement before using water for any purpose from any source of water in the state of maharashtra, and has laid down guidelines based on which such entitlements may be given. ..... of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; (f) that children are given ..... ( 1) the state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life ..... the intervenors, in the meeting with the district collector, aurangabad have shown their willingness to curtail 5% of water supply from 24th april, 2016, further 5% from 8th may, 2016 and then additional 5% from 23rd may, 2016, having total of 15%, keeping in view the acute shortage of water for drinking purpose. .....
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
..... 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 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
..... 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
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
Reported in : AIR2002Bom292; 2002(3)BomCR215; (2002)2BOMLR408; 2002(2)MhLj951
..... (for a comprehensive analysis, see 'domestic violence and law : report of colloquium on justice for women-empowerment through law, butterworths india, 2000 edition page xliii). ..... the notification which has been issued by the state government granting an exemption from payment of court fees to a certain class of women litigants is, therefore, designed to ensure that women who are subjected to forms of violence and other situations envisaged in the notification issued under the court fees act have an efficacious remedy of access to justice for redressing their grievances. ..... the exemption notification must, therefore, be interpreted so as to advance and promote the object of ensuring that women who suffer from gender discrimination and violence are not impeded in seeking access to justice by being required to pay upfront, a substantial court fee which few of the class can afford. ..... violence against women takes several forms : rape, child sexual abuse, trafficking in women, domestic violence, pornography, selective abortion of female fetuses and dowry deaths are all forms of violence which denigrate the dignity of women. ..... the constitution places a significant degree of importance upon preserving and protecting the institutions of the judicial arm of the state and the independence of the judiciary. .....
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