Court : Mumbai
..... the petitioner has filed summary criminal case no.57 of 2012 under section 25 of the protection of women from domestic violence act, 2005 ("the act" for short) against respondent no.3, the husband. 2. ..... the petitioner had never shared domestic relationship with respondent no.3 in that flat and as such she cannot enforce a right of residence therein. 5. ..... they have a daughter born from the marriage wedlock. ..... it is obvious from the fact that the application for shared hold was nothing but an attempt on the part of the petitioner to grab the flat in question. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the proceeding is filed under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred as the act). ..... in the proceeding, filed under section 12 of the act, the wife, respondent has claimed the reliefs like compensation/ damages of rs.5 lakhs, make arrangement of separate residence at aurangabad or to pay rent for the same, not to commit domestic violence against her, pay to her monthly maintenance of rs.25,000/- etc ..... the provision of section 12(5) of the act shows that such proceeding is expected to be decided within a period of 60 days from the date of its first hearing. ..... the husband wanted to examine one shri jain who had acted as mediator in the marriage, one tour operator of the tourist company with which this couple had gone to various stations on honeymoon tour and a witness to prove list of gift articles ..... in the main matter, proceeding filed under section 12 of the act, examination in chief, by way of affidavit was filed by the wife on 31st january, 2013 ..... interim maintenance of rs.5,000/- per month was granted from the date of the application till the final disposal of the matter by the court, by order dated 10th january, 2013 ..... the aforesaid circumstances show that husband acted mischievously and he took all possible steps to see that the hearing is protracted and the wife does not get anything ..... statement was made by the learned counsel for the wife, in this proceeding, that till today the wife did not receive a single pie from that amount. 4. .....
Tag this Judgment!Court : Mumbai Goa
..... the first respondent has filed an application under section 12 of the protection of women from domestic violence act, 2005 (act of 2005, for short) for various reliefs. ..... sub-section 2 of section 28 of the act of 2005 provides that nothing in sub-section (1) of section 28 of the act of 2005 shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23. ..... it is submitted by the learned counsel for the petitioners that section 28 of the act of 2005 provides that the court can adopt its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23 of the act of 2005. ..... undoubtedly, section 28 of the act of 2005 provides that all the proceedings including proceedings under section 12 shall be governed by the code of criminal procedure. ..... the learned magistrate shall decide the application, exhibit d-11 and the application on interim relief as expeditiously as possible and preferably within a period of one month, from the receipt of this order. 10. .....
Tag this Judgment!Court : Karnataka
..... the writ petition was filed challenging the order dated january 23, 2013, passed on an application filed by the writ petitioner-appellant under sections 18, 19 and 20 of the protection of women from domestic violence act, 2005. 3. ..... court in the case of tammanna and others versus- miss renuka and others reported in ilr 2009 karnataka 1207, we are of the considered opinion that no appeal would lie under section 4 of the karnataka high court act against the order of the hon ble single judge passed in exercise of the power conferred under section 482 of the code of criminal procedure, 1973, or under article 227 of the constitution of india, in the matter arising ..... (prayer: this writ appeal is filed under section 4 of the karnataka high court act praying to set aside the order passed in writ petition no. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the respondent has filed a petition under s.12 of the protection of women from domestic violence act, 2005 (for short, the act ), in crl. ..... at this juncture, we are obliged to state that though it may be difficult to state that the judgment suffers from sans reasons, yet it is not at all difficult to say that the reasons ascribed are really apology for reasons. ..... the filament of reasoning must logically flow from requisite analysis, but, unfortunately, the said exercise has not been carried out. 8. ..... i.a.2 filed therein by her, under s.21 of the act, seeking custody of the minor girl child tazin was dismissed by the learned magistrate vide order dated 03.11.2014. 5. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... if the court takes the interpretation that a petition under the provisions of the protection of women from domestic violence act, 2005 cannot be filed by a woman unless she was living with the respondent, in the shared household, on the date this act came into force, or a date subsequent thereto or that a petition under the provisions of the act cannot be filed by a person who has been subjected to domestic violence before coming into force of the act, that would amount to giving a discriminatory treatment to the woman who despite ..... such an interpretation would at least partly defeat the legislative intent behind enactment of the protection of women from domestic violence act, 2005, which was to provide an efficient and expeditious civil remedy to them, in order either to protect them against occurrence of domestic violence, or to give them compensation and other suitable reliefs, in respect of the violence to which they have been subjected.18. ..... for the reasons given in the preceding paragraphs, i am of the considered view that a petition under the provisions of the protection of women from domestic violence act, 2005 is maintainable even if the acts of the domestic violence have been committed prior to coming into force of the act or despite her having in the past lived together with the respondent a shared household woman is no more living with him, at the time of coming into force of the act. .....
Tag this Judgment!Court : Delhi
..... pithily stated, the question arising for the consideration of this court revolves around the interpretation of the term shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005 and if the present case stands squarely covered by the authoritative pronouncement of the supreme court of india reported as (2007) 3 scc169s.r batra & anr. v. ..... interestingly, we find that the definition of shared residence under section 2(16) of the bangladesh domestic violence (prevention and protection) act, 2010 and the term household as defined under section 2(g) of the pakistan domestic violence (prevention and protection) act, 2012 is conspicuously similar to the conception of shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005. ..... on the first blush it may appear quite jarring to certain quarters of the society that by enacting the protection of women from domestic violence act, 2005 the legislature has invested a right of residence in favour of wives qua premises in which they or their husband admittedly have no right, title or interest and such premises are in fact owned by the relatives of the husband.59. .....
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