Court : Mumbai Nagpur
..... 07-10-2013 he sent a legal notice and thereafter received a notice from wife under the protection of women from domestic violence act, 2005. 12. ..... on the basis of evidence on record it is clear that conduct of the husband in suspecting the character of wife, physically assaulting and harassing her as she was coming home late from work place due to the nature of her job are the facts duly established amounting to cruelty and wife is entitled to a decree of divorce on the ground of cruelty. 21. ..... the next significant factor in the case on hand is that petition for divorce under section 13-b of the hindu marriage act was filed by the husband and wife before the court at amravati but according to husband as access to child was denied he refused for divorce by mutual ..... the trifle issue she called her mother and brother at pune who straightway went to police station and threatened him that if he refuses his wife to act according to her wish she would commit suicide and put him in jail. ..... was called by her brother on phone and anyhow she could manage to escape from the house and reached the police station. ..... respondent however went on shifting his job from place to place and appellant used to ..... not the case of husband that his signature on petition under section 13-b of the hindu marriage act was obtained by force, fraud or coercion. ..... according to wife respondent is suffering from inferiority complex and due to constant ill-treatment it is not possible for her to pull on in the company of .....
Tag this Judgment!Court : Mumbai
..... according to learned counsel for the appellant, the trial court has failed to consider these aspects and especially the appellant s right of residence in her matrimonial home, which is recognized under the protection of women from domestic violence act, 2005 (hereinafter referred to as, d.v. ..... hence keeping in view the rights guaranteed under article 14, 15, and 21 of the constitution of india and in order to provide for a remedy under the civil law, for the protection of women from being victims of domestic violence and to prevent the occurrence of domestic violence in the society, the act was enacted to provide her various reliefs. 43. ..... in such circumstances, it is clear that the legislature never intended to exclude female relatives of the husband or male partner from the ambit of a complaint that can be made under the provisions of the domestic violence act, 2005. 55. ..... no restrictive meaning has been given to the expression relative , nor has the said expression been specifically defined in the domestic violence act, 2005, to make it specific to males only . 14. ..... the other aspect, which this court wishes to highlight, is that the 2005 act applies to all communities, and was enacted "to provide more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family". .....
Tag this Judgment!Court : Mumbai Nagpur
..... proceedings under the protection of women from domestic violence act, 2005. ..... last contention raised by learned counsel for respondent regarding acquittal of husband in criminal case under section 498a of the indian penal code and rejection of application filed by wife under the protection of women from domestic violence act question arises whether the allegations alone in those proceedings would help the husband to support his submission that wife treated him with cruelty. ..... she initiated proceedings under section 9 of the hindu marriage act for restitution of conjugal rights, filed an application for maintenance under section 125 of the code of criminal procedure and lodged a complaint under protection of women from domestic violence act stating that husband treated her with cruelty, misbehaved and refused to cohabit with ..... respondent are not applicable as in the present case there is no iota of evidence to indicate that allegations made by wife in the proceedings under section 498a of the indian penal code and under the protection of women from domestic violence act were intentional, false and vexatious amounting to mental cruelty. 24. ..... out that application filed by wife under the protection of women from domestic violence act also came to be rejected. ..... his evidence also indicates that he had high expectations from wife and desired that she should stay in joint family, attend the domestic work even when husband resides away at the distance of 450 kilometers from his house. .....
Tag this Judgment!Court : Mumbai
..... 25/dv/2012 filed by respondent no.1 under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as 'the act') 3. ..... in the complaint can be reproduced as under: (a) this hon'ble court may be pleased to pass a permanent perpetual protection order in favour of complainant/applicant restraining and prohibiting the respondent from (i) committing any further act of domestic violence upon the complainant; (ii) aiding or abetting in the commission of acts of domestic violence upon the complainant ; (iii) threatening the complainant in any form, whatsoever, (iv) obstructing the complainant from having free ingress and egress into the residence at aashirwad bungalow, carter road, bandra (west ..... ), mumbai 400 050 and residing therein; (v) restrain the respondents from alienating any assets, operating bank lockers or bank .....
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 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 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 Nagpur
..... appears that during the pendency of these proceedings, the wife has lodged a complaint against the husband under the provisions of the protection of women from domestic violence act. ..... submitted that during the pendency of these proceedings, the wife also lodged proceedings against the husband under the protection of women from domestic violations act and has claimed a sum of rupees 20 lakhs towards damages. ..... assuming that the husband lost his temper because of the act on the part of the wife to give the amount of rs.20,000/- that was meant for the labourers to her friend, it is apparent from the reading of the evidence of the parties that on the pretext that she would secure the amount of rs.20,000/- from her friend, the wife took the husband to the police station on her ..... perusal of the evidence of the parties, it is clear that though the parties were married in the year 2005, the parties did not reside together continuously for long. ..... that the parties did not continuously reside together from 2005 to 2011. ..... it is stated that after the parties married on 14.02.2005, the wife was residing at shegaon for one year and in october, 2007, she left matrimonial home at nagpur and went to aurangabad to a ..... between the appellant-husband and the respondent-wife was solemnized at aurangabad on 14.02.2005 as per hindu rites and custom. ..... marriage solemnized between the parties on 14.02.2005 is dissolved by a decree of ..... wife was appointed as a lecturer in shegaon engineering college at shegaon, in 2005. .....
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 Nagpur
..... submission of the learned counsel for the petitioner that as interim maintenance was being paid in proceedings under the domestic violence act, 2005 the same need not have been directed in the present proceedings also cannot be accepted. ..... he then submitted that in proceedings under the domestic violence act, 2005 an amount of rs.5000/- each per month was directed to be paid to the children ..... opposing said application and took the stand that an amount of rs.33,00,000/- had already been paid by him to the respondent and that an order of interim maintenance had already been passed in proceedings under the domestic violence act. ..... while considering an application for appointment of guardian, if it is found at an interlocutory stage that the welfare of the minor requires an amount be made available for being paid to the minor with a view to protect the person of the minor and his/her interests, such power would be available with the court. ..... provisions of section 12 of the said act grant power to make an interlocutory order in the matter of production of the minor and interim protection of person and property of the minor. ..... to him, the power to make certain interlocutory orders have been conferred by section 12 of the said act and they are only in relation to production of the minor child and interim protection of the person or property of the minor. ..... in this regard, he sought to draw support from the recommendations of the law commission of india and the proposed amendment to the said act. .....
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