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 Nagpur
..... by this petition, the petitioners are seeking quashing and setting aside of the complaint filed under the provisions of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act, 2005") by the respondent together with order dated 24/7/2014 passed by the learned judicial magistrate, first class, yavatmal granting interim maintenance to ..... clear that a woman, who is married, cannot enter into a domestic relationship as contemplated under section 2(f) of the act, 2005 and even if she establishes a long standing relationship with a man as his concubine or mistress, she would not be entitled for protection under the provisions of the act, 2005. 10. ..... court has held that even though long standing relationship as a concubine deserves some protection in order to provide her financial stability, her such relationship not being in the nature of marriage cannot be termed as domestic relationship as contemplated by the act, 2005. ..... that even otherwise, the respondent could not have entered in such a relationship, called the domestic relationship under section 2 of the act, 2005 as it is an admitted fact that the respondent is a married woman and her marriage still ..... found from the admitted position that the respondent is a married woman, whose marriage with her husband chandan is still subsisting and this being the position, her relationship whatever it might be with the petitioner, cannot be termed as domestic relationship under section 2(f) of the act, 2005. .....
Tag this Judgment!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
..... 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 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 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
..... 1 has independently filed proceedings under the protection of women from domestic violence act, 2005 before the family court, the then civil judge, jr divn. ..... 1 under the protection of women from domestic violence act, 2005 be heard on merits. ..... it is further submitted that there is no pleading as such to attract the provisions of the protection of women from domestic violence act in the alleged counter claim filed by the petitioners. ..... being aggrieved by the said order, the appellants preferred appeal u/s 29 of the protection of women from domestic violence act before the sessions court, pune. ..... it appears from the record that petitioner no.1 i.e. ..... in view of the alleged act of respondent no. .....
Tag this Judgment!Court : Mumbai
..... family court was filed for divorce under the special marriage act, 1954 r/w protection of women from domestic violence act, 2005 (for the sake of brevity, hereinafter referred to as ..... question of law as to whether any relief can be sought against the relative of the respondent husband in the proceedings filed under section 26 of the protection of women from domestic violence act before the family court? 3. ..... the family court that respondent no.2 mother-in-law cannot be made a party to the nullity proceedings filed under the hindu marriage act or special marriage act as the family court has jurisdiction in respect of the proceedings between the parties to marriage only. ..... is raised before this court, the court has restricted its finding only to that extent and answered that the relatives of the husband being respondents under section 2(q) of the dv act can be made party respondents before the family court if the proceedings specified under section 26 of the d.v. ..... protect the rights of women ..... act takes care of any type of violence in the house and, therefore, the meaning of respondent is not restricted to only husband but his relatives are ..... 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. 10. ..... that the meaning of 'respondent' is restricted under section 7 of the family courts act, has overriding effect over the meaning of 'respondent' under section 2(q) of the .....
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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