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 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 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
..... 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
..... 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!