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 : Mumbai Goa
..... matrimonial dispute between the parties, the petitioner has filed an application on 23/01/2012 under the protection of women from domestic violence act, 2005 (the act, for short) before the learned magistrate, mapusa for various reliefs. ..... to find out truth as to the allegations of respondent, indulging into the acts of domestic violence vis-a-vis the petitioner. ..... point out that the whole purpose of the enquiry before the magistrate, is to find out the truth, as to whether the respondent has indulged into acts of domestic violence vis-a-vis the petitioner. ..... the respondent would also be equally material witness, in the matter, in refuting the allegations regarding indulgence into acts of domestic violence. ..... petitioner that the respondent was indulging into acts of domestic violence. ..... , it is submitted by shri rao, the learned counsel for the respondent that in view of the case set up by the petitioner, about there being acts of assault by the respondent against the two sons in public place and also certain acts, which are attributed to the respondent in respect of the incidents, which have allegedly occurred in the presence of two sons, they would be witnesses, who ..... , in order to submit that on cumulative reading of subsections (1) and sub-section (2) of section 28 of the act and rule 6(5) of the rules framed thereunder, it is evident that nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 of the act. .....
Tag this Judgment!Court : Mumbai Goa
..... be that as it may, the present dispute arises out of an application under section 12 of the protection of women from domestic violence act, 2005 (the act of 2005, for short), filed by the respondent before the learned magistrate, for various reliefs under sections 18, 19, 20, 21 and 22 of the act of 2005. ..... thus, it is clear that the act of 2005 makes provision for effective protection of the rights of women, who are subjected to the acts of domestic violence, as defined in section 2(g), read with section 3 of the act of 2005. ..... as noticed earlier, the act of 2005 is a piece of special legislation governing the field of effective protection of the rights of women, who are subjected to the acts of domestic violence, as defined under the said act. ..... the statement of object and reasons of the act of 2005 shows that the act of 2005 is enacted to provide for more effective protection of the rights of women guaranteed under the constitution, who are victims of violence of any kind, occurring within the family and for matter connected therewith or incidental thereto. ..... thus, the act of 2005 is a special law, governing the subject of domestic violence and the reliefs to be granted thereunder to the aggrieved person. 11. ..... in other words, the magistrate is clothed with the jurisdiction to grant various reliefs under the act of 2005, on finding that the woman/aggrieved person, subjected to the acts of domestic violence. .....
Tag this Judgment!Court : Mumbai Goa
..... the respondent filed proceedings under section 12 of the protection of women from domestic violence act, 2005, before the learned judicial magistrate first class at mapusa, claiming various reliefs including maintenance, cost of litigation and ..... apart from the proceedings under the domestic violence act, the respondent has also filed matrimonial ..... impugned judgment, the appeal filed by the petitioner has only been partly allowed, thereby modifying the order dated 24.07.2014, passed by the learned judicial magistrate first class, mapusa, in a case under the domestic violence act. 3. ..... (d) the petitioner shall regularly pay the monthly interim maintenance/litigation expenses from 01.09.2015, to the respondent, before 5th of each english calendar month, before the judicial magistrate first ..... that by an interim order dated 24.07.2014, the learned magistrate granted interim maintenance at the rate of rs.38,000/- per month, to the respondent from the date of the application, alongwith rs.6,000/- per month, towards cost of litigation. ..... that although, the petitioner is in real estate business, in a suit filed by the respondent, there is an order by which the petitioner is restrained from transferring or creating third party interest in various properties, as a result of which, the petitioner is precluded from doing his business. ..... shall pay interim maintenance at the rate of rs.25,000/- per month and litigation expenses at the rate of rs.6,000/- per month from 21.03.2014, to the respondent. .....
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