Court : Mumbai Aurangabad
..... petitioner has filed an application under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the domestic violence act ) against 8 persons, including the respondent nos. ..... aforesaid, the view taken by the additional sessions judge that women will not be covered by the definition of the term respondent, as given in the domestic violence act, is clearly contrary to law. ..... went on to discuss, whether or not, there were sufficient grounds for proceedings against the said respondents and by taking a view that there were no such grounds, directed the names of the said respondents to be deleted from the application under section 12 of the domestic violence act. 5. ..... question is whether the considerations which should weigh in deciding whether the process to answer a criminal charge has been rightly issued, should arise in proceedings instituted on the basis of section 12 of the domestic violence act. 6. ..... the magistrate made it clear that whether domestic violence had taken place, would be considered only after the ..... of the contentions raised by the respondents, who are women, was that in view of the definition of the term respondent as given in the said act, the proceedings against them were not maintainable. ..... proceedings under the provisions of the said act cannot be equated with a criminal trial. ..... to 6 made an application before the learned magistrate who is seized of the matter, praying that their names be deleted from the array of the respondents. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... filing the case there is stated to be based on the strength of section 27(1)(a) of the protection of women from domestic violence act, 2005. ..... has uncle residing at khamgaon, she appears to have gone there and filed the proceedings under the protection of women from domestic violence act, 2005. ..... filing the proceeding at khamgaon is the provision of section 27(1) (a) of the protection of women from domestic violence act, 2005. ..... jurisdiction is to be decided on the basis of section 27 (1)(a) of the protection of women from domestic violence act, 2005. ..... khamgaon under the protection of women from domestic violence act, 2005. ..... khamgaon, then she filed fir at under section 498a at jamner in september, 2012 (where it is submitted she was staying when she filed fir) and now she has filed proceedings under domestic violence act at khamgaon on 8th october, 2013. ..... documents, the counsel argued that the respondent is resident of neri digar and only with a view to harass the petitioner and his old parents, the proceedings under the domestic violence act are filed at khamgaon. 7. ..... , it is clear that the marriage took place at neri digar and the parties resided at neri digar and cause of action for which the domestic violence case has been filed also arose at neri digar. ..... incidents referred in the complainant did not take place at khamgaon, still, in view of this provision in favour of women, the respondent is entitled to maintain her complaint at khamgaon as she is temporarily residing there. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in the proceedings filed under the provisions of the protection of women from domestic violence act, 2005 (for short "domestic violence act"), direction is given against the present petitioner, husband to return dahej (jahez) articles to the respondent or to pay rs.2,00,000/- in lump sum towards the price of those articles to the present respondent. ..... court has no hesitation to hold that section 20(1)(c) of the domestic violence act can be used in a case like present one. ..... ascertain as to whether even after the dissolution of the marriage, proceeding can be filed, the scheme of the domestic violence act needs to be seen and particularly definitions of "domestic relationship" given in section 2(f) and "shared household" given in section 2(s) of the act needs to be considered. ..... court held that provisions of section 12, 16, 20 and 22 of domestic violence act were not available to the wife. ..... in the proceedings filed under domestic violence act, many reliefs were claimed but the aforesaid relief is granted by the sessions court in ..... shows that the meaning given in section 3 of the domestic violence act needs to be considered. ..... petitioner that it is the contention of the husband that the parties have taken divorce by mutual consent and document of khulanama has been executed and so the proceeding is not tenable under the provisions of domestic violence act. ..... sides showed relevant record to this court and some argument was advanced on the basis of provisions of the domestic violence act. .....
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 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 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 : 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 : 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. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... in dispute that, the complaint is filed by the applicant under the provisions of protection of women's from domestic violence act, 2005 and also one more proceeding is initiated at amravati. ..... other two proceedings instituted by the application, (1) under protection of women from domestic violence act and (2) h.m.p. no. ..... 62 of 2014 is preferred by the applicant under the domestic violence act, 2005 and which is pending before the learned judicial magistrate, first ..... these three cases shall be posted on the same day so as to make if convenient for the applicant as well as the respondent to travel from ambajogai and participate in the hearings of the said cases. 18. ..... , it is inconvenient for the applicant-wife to travel from jalgaon to kalyan to attend the proceedings instituted by the ..... that she is now living and working in delhi and that she would be unable to travel up and down from delhi to ara, a distance of about 1100 kilometers from delhi, to defend the matrimonial proceedings. ..... could be posted on the same day for the convenience of both the sides as the applicant would also be required to travel from sayagaon to ambajogai and the same is about 20 kms. ..... being a lady, makes it difficult for her to travel from sayagaon to latur which is distance of about 30 kms. ..... that, the marriage is not solemnized at amravati and also other events are not taken place at amravati and therefore, there is no question of transfer of the proceedings from ahmednagar to amravati, is devoid of any merits. 8. .....
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 .....
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