Court : Mumbai Aurangabad
..... that since shri vijay yashwant bhosale harassed the respondent no.1, the respondent no.1 invoked the provisions of the protection of women from domestic violence act, 2005 by filing criminal case no.18 of 2010 under sections 18, 19, 20, 21 of the protection of women from domestic violence act, 2005 in which the respondent no.1 impleaded the present petitioner in the capacity of friend of husband of the respondent ..... 482 of the code of criminal procedure, 1973 read with article 227 of the constitution of india praying for quashing the proceedings of the application made by the first respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act"). 2. ..... is required to be filed in accordance with the format prescribed by rule 6 of the protection of women from domestic violence rules, 2006 (hereinafter referred to as "the said rules"). ..... the preamble of the act shows that the same has been enacted to provide more effective protection to the rights of women guaranteed under the constitution of india who are victims of violence of any kind occurring within the family and matters connected therewith ..... various reliefs which can be granted under the said act are as under : (a) under section 18, protection order can be passed in favour of the aggrieved person; (b) under section 19, residence order can be passed in favour of the aggrieved person; (c) section 20 provides for grant of monitory relief of maintenance, medical expenses .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicant herein has filed criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad on 22nd july, 2011 and those proceedings are pending before the said ..... criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad. ..... that, prior to filing this miscellaneous civil application, the respondent has filed proceedings bearing miscellaneous criminal application no.113 of 2012, before the principal seat of this court for transfer of proceedings from aurangabad to panvel court, but the applicant only with a view to counter blast the miscellaneous criminal application no.113 of 2012, has filed the present miscellaneous civil application by suppressing the material ..... it is true that, the respondent has filed the application for transfer of those proceedings from aurangabad to mumbai, however, said application is yet pending at principal seat of this court at bombay, however, the respondent has not invited any order staying aforesaid ..... being matrimonial proceedings, the family court, aurangabad on transfer, should decide hindu marriage petition no.8 of 2011 as expeditiously as possible, however, within six months from the first date of hearing, which will be fixed by the family court, aurangabad. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicant herein has filed criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad on 22nd july, 2011 and those proceedings are pending before the said ..... criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad. ..... that, prior to filing this miscellaneous civil application, the respondent has filed proceedings bearing miscellaneous criminal application no.113 of 2012, before the principal seat of this court for transfer of proceedings from aurangabad to panvel court, but the applicant only with a view to counter blast the miscellaneous criminal application no.113 of 2012, has filed the present miscellaneous civil application by suppressing the material ..... it is true that, the respondent has filed the application for transfer of those proceedings from aurangabad to mumbai, however, said application is yet pending at principal seat of this court at bombay, however, the respondent has not invited any order staying aforesaid ..... being matrimonial proceedings, the family court, aurangabad on transfer, should decide hindu marriage petition no.8 of 2011 as expeditiously as possible, however, within six months from the first date of hearing, which will be fixed by the family court, aurangabad. .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
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
..... 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
..... she had applied to the learned chief judicial magistrate, osmanabad for maintenance and consequential benefits under the provisions of section 12 of the protection of women from domestic violence act, 2005 (for short, the dv act). ..... the learned chief judicial magistrate allowed the application and directed the respondent and his parents not to cause domestic violence to the petitioners. ..... 7) section 20 contemplates monetary relief to the aggrieved person as a result of domestic violence. ..... 8) thus cumulative effect of these provisions illustrate, even if remedies are a available under section 4 of muslim women (protection of rights on divorce)act, 1986, it will not obliterate and defuse the provisions of section 12 of the dv act for a wife to stake claim. ..... imran khan - 2010 (1) scc 666 : 2009 dgls (soft) 1281, explained the legal position in tune with muslim women (protection of rights on divorce) act, and in particular sections 4 and 5 thereof. ..... naturally, the whims of the husband/respondent would not be permitted to deflate the provisions of the dv act, which provides a room to claim maintenance, notwithstanding the effect of section 4 of the muslim women (protection of rights on divorce) act, 1986. ..... object and scope of the dv act is to ensure maintenance to those, who need such protective shelter from the person under an obligation. ..... and provisions of muslim women (protection of rights on divorce) act, 1986 and observed about eligibility of entitlement of the wife to claim maintenance .....
Tag this Judgment!Court : Mumbai Aurangabad
..... person" is given in section 2(a) of protection of women from domestic violence act, 2005 which is as under: "2(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; 5. ..... in section 2(f) of protection of women from domestic violence act, 2005, definition of "domestic relationship" is given as under : "2(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, marriage, or through a relationship in the nature of marriage, ..... filed for some reliefs under the protection of women from domestic violence act, 2005, by respondent no.1. 2. ..... " the definition of "domestic violence" is given in section 3 of the said act as under : "3) definition of domestic violence - for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) harms or injures or endangers the health, safety, life, limb or well being whether mental or physical of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal ..... explanation ii - for the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be .....
Tag this Judgment!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. .....
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