Court : Mumbai Goa
..... , the respondent filed complaint against the petitioner and his parents under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 (domestic violence act, for short), claiming total sum of rs.67,500/- for maintenance of herself and the two minor children. ..... court directed that a sum of rs.1,50,000/- should be paid by the respondent-husband to the petitioner-wife, for herself as well as for their minor son from the date of filing of the complaint under section 12 of the domestic violence act, 2005, till the said complaint is again disposed of by the trial court. 25. ..... shall pay to the respondent the amount of interim maintenance as directed by the trial court, vide the impugned order, by adjusting the amount of rs.50,000/- per month granted to the respondent under the domestic violence act, which is already paid as from 09/06/2011 and which would be paid, hereinafter. ..... that from august 2009, radhika was getting rs.50,000/- per month and rs.25,000/- per month under the domestic violence act. ..... dated 05/10/2012, passed on the application for maintenance under section 24 of the act, the trial court ordered the petitioner to pay to the respondent a sum of rs.75,000/- per month and to both children rs.50,000/- each, per month, towards maintenance, excluding the amount of rs.50,000/- granted to the respondent in domestic violence case and rs.25,000/- per month towards legal expenses from the date of filing of the application i.e. .....
Tag this Judgment!Court : Mumbai
..... dv/25/2012 against the applicant and her family members before the learned metropolitan magistrate under the provisions of the protection of women from domestic violence act 2005. ..... that since the respondent was not qualified to enter into a legal marriage with the said deceased, the complaint filed by the respondent before the learned metropolitan magistrate under the provisions of the protection of women from domestic violation act 2005 itself is not maintainable and thus the respondent could not have invoked the provisions of the said act for making an application for certified copies of the proceedings before the learned prothonotary and senior master. ..... respondent has already filed a petition under the provisions of the domestic violence act against the applicant and the family members. ..... respondent has asserted her alleged rights under the provisions of domestic violence act. ..... no doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or amend the law ..... our opinion not all live in relationships will amount to a relationship in the nature of marriage to get the benefit of the act of 2005. ..... see 'common law marriage' in wikipedia on google) in our opinion a 'relationship in the nature of marriage' under the 2005 act must also fulfill the above requirements, and in addition the parties must have lived together in a 'shared household' as defined in section 2(s) of the act. .....
Tag this Judgment!Court : Mumbai
..... and other family members became rather strained and as such sometime in the mid of may 2012, the present appellant filed an application under the protection of women from domestic violence act, 2005 before the jmfc, chhatarpur, madhya pradesh against the present respondent and also against her elder son and daughter-in-law as well as against two daughters and son-in-laws. ..... without going into much details as to what happened subsequently, suffice it to say that the said learned jmfc, chhatarpur, madhya pradesh had disposed of the application under domestic violence act preferred by the present appellant vide order dated 22.7.2013 and thereby custody of the child was permanently directed to be given to the present appellant / then petitioner, however, ..... bring to the notice of the family court, bandra, pendency of the application preferred by the present applicant under domestic violence act and in which one of the prayers was also for custody of the child. 8. ..... bandra, mumbai and also not brought to the notice of jmfc, chhatarpur, madhya pradesh during pendency of the application preferred by the present appellant for action under domestic violence act. ..... the court record before learned jmfc, chhatarpur, madhya pradesh that the present respondent i.e the grandmother of the child did file appearance in the said matter of domestic violence and also filed written submission and it is also a factual position that the time was sought for handing over custody of the small child anjali to her .....
Tag this Judgment!Court : Mumbai
..... the respondent no.1 has filed an application under section 12 of the protection of woman from domestic violence act (for short 'the d.v.act') which is pending before the judicial magistrate, first class at bhiwandi. ..... however, if the learned magistrate feels certain that he would be able to dispose of the main proceedings within a period of two months from today, he need not re-consider the question of grant of interim maintenance. 15. ..... act within a period of two months from today, he may not re-consider the question of grant of interim maintenance. 12. ..... it is not in dispute that in two other proceedings, the respondent no.1 wife is already getting maintenance from the petitioner. ..... act, and such interim order can be passed even ex-parte. ..... act. 7. ..... act, and such interim maintenance was granted by the learned magistrate by an order dated 23rd august 2011. .....
Tag this Judgment!Court : Mumbai
..... seeking the relief of quashing of the complaint on the basis of which he is being prosecuted under the provisions of sections 12, 18, 21 and 23 of the protection of women from domestic violence act, 2005 in complaint no.524 of 2013 pending before the judicial magistrate (2nd court) at thane. 2. ..... thane, under the provisions of protection of women from domestic violence act, 2005 alleging therein that she was married to the ..... bench has observed as under:- "the said words therefore have been used purposefully as the said act has been enacted to protect a woman from domestic violence and, therefore there cannot be any fetter which can come in the way by interpreting the provisions in a manner to mean that unless the domestic relationship continues on the date of the application, the provisions of the said act cannot be invoked. ..... out under the domestic violence act 2005. ..... even prior to filing the application under the provisions of domestic violence act, respondent no.2 had filed several applications before different courts which were either withdrawn or ..... domestic violence act reads thus :- "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, adoption or are family members living together as a joint family;" section 2(g) defines "domestic violence" as is defined under section 3 of the act. .....
Tag this Judgment!Court : Mumbai Goa
..... the complainant had filed a complaint under section 12 of the protection of women from domestic violence act, 2005 ("the act", for short) against the respondents which came to be registered as criminal case no.27/dva/ ..... the complainant was secured with protection order under section 18 of the act and the respondents were restrained by way of injunction from committing any act of domestic violence against the applicant and her ..... , insofar as grant of protection under section 12 of the act and the restraint from committing any act of domestic violence against the complainant and her family is concerned, is ..... the circumstances above, the appellate court could not have set aside the order dated 19/11/2013 insofar as the directions to the respondents no.2 to 6 to pay the amount of rs.1,00,000/- to the complainant and restraining them from committing any act of domestic violence against the complainant and her family, are concerned. 13. ..... terms of section 2(a) of the act, "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. ..... domestic violence" in terms of section 2(g) of the act, has the meaning as assigned to it in section 3 of the act ..... 3(a) of the act includes economic abuse within the meaning of domestic violence. ..... considered view, there was ample of evidence on record that there was domestic violence meted out by the respondents as against the complainant. .....
Tag this Judgment!Court : Mumbai
..... the learned trial court and appellate court was as to whether despite the said order of grant of rs.20,000/- by way of maintenance, was it necessary or permissible to grant additional maintenance to respondent nos.1 to 3 by way of interim order under protection of women from domestic violence act, 2005. ..... or under protection of women from domestic violence act, can be passed on the basis of palpable income of the husband. ..... the present petition under protection of women from domestic violence has been filed by respondent no.1 on behalf of herself and on behalf of her children, in the year 2010, in the court of judicial magistrate, first class, ..... is the respondent in criminal miscellaneous application no.737 of 2010 pending in the court of 3rd judicial magistrate, first class, vashi, under provisions from domestic violence act. ..... as far as the domestic violence is concerned, both the courts below came to the conclusion, that there appeared to be economic violence imposed by the applicant on respondent no.1 and therefore, there exist a case for passing an interim ..... since the sales are genuine, the assessee has purchased the material not from these parties but somewhere else for which the payment was made in cash ..... whether there existed, a prima facie case of economic violence or not, and / or whether respondent nos.1 to 3 were entitled to the orders passed by the courts below can be examined in the light of material on record, which was brought before the trial magistrate and before the .....
Tag this Judgment!Court : Mumbai
..... further, the family court had no jurisdiction in making the impugned order even before the main application under section 12 of the protection of women from domestic violence act, 2005 (d.v. ..... act provides that while disposing of an application under sub section (1) of section 12, the magistrate may, on being satisfied that the domestic violence has taken place pass a residence order ..... act enables an aggrieved person or protection officer or any other person on behalf of the aggrieved person to present an application to the magistrate to seek one or more reliefs under the d.v ..... there is no question of awaiting the disposal of the main proceedings under the hindu marriage act, 1955 and only at that stage making a residence order in terms of section 19 of the ..... in case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this act, she shall be bound to inform the magistrate of the grant of such relief. 7. ..... there is no basis to assume that the petitioner earns any rent from her own apartment, which incidentally is not even occupied by her and further the respondent pays rent of rs.9,000/- to her brother, in respect of the premises which she presently occupies along with her minor son. ..... act from the magistrate may also be sought in any legal proceedings, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent, whether such proceedings were initiated before or after commencement of the act. .....
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. .....
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