Court : Mumbai
..... the petitioner is a service provider under the protection of women from domestic violence act, 2005 (dv act) as part of women's study center of the ils law college, pune maharashtra (center) where she serves as professor of law. ..... indeed the statement of objects and reasons under the act dated 13th september, 2005 is to protect the woman from being victimized by domestic violence and to prevent occurrences of domestic violence in the society. ..... it is declared that any woman who has suffered any form of domestic violence as defined in the dv act and who has accessed the services of any service provider provided thereunder including ngos, counselors or the police may be counselled with regard to the course of action which she can take including joint counselling / ..... as pointed out to us in the submissions of the lawyer's collective, the failed settlement would itself tantamount to domestic violence upon which a domestic incident report (dir) could be filed under section 12 of the act to commence the judicial process in the magistrate's court. ..... the article on domestic violence legislation and implementation an analysis for asean countries based on international standards and good practices published by un women. ..... it is stated to be due to the wholesome services rendered by the service providers that several women have come forward to report domestic violence. .....
Tag this Judgment!Court : Mumbai Nagpur
..... she filed an application under section 12 of the protection of women from domestic violence act, 2005 [hereinafter referred to as the act ? ..... the written statement in domestic violence proceedings was passed by the petitioners on 20th december, 2013. ..... after evaluation of pleadings and available evidence on record, the learned trial magistrate reached to the conclusion that the petitioners have committed domestic violence against the wife. ..... by filing the said complaint, respondent-wife claimed following reliefs against the petitioners:- [a] the non-applicants should not commit any domestic violence against the applicant. ..... the learned trial magistrate also reached to the conclusion that she is having a right to stay in the flat at nanded and she should not be evicted from the said flat. ..... the application filed by the wife under section 12 of the act was contested by the petitioners. 4. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the protection of women from domestic violence act 2005 provides more effective protection of the rights of women guarantee under the constitution who are victims of violence of any kind occurring within the meaning of family and for matters connected therewith or incidental thereto. ..... the respondent herein is the original applicant and she filed proceedings under section 12 of the protection of women from domestic violence act, 2005 (for short, ?d.v. ..... clause (a) of section 2 defines aggrieved person as under: 2(a) `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; ? ..... it was the case of the applicant that she was living in domestic relationship with the non-applicants in a shared household and she was subjected to domestic violence as envisaged under d.v. ..... it was also found by the learned magistrate that the applicant has proved domestic violence to her. ..... after the evaluation of oral as well as the documentary evidence, the learned magistrate recorded a finding that there was a domestic relationship between the parties within the meaning of section 2 (f) of d.v. ..... 14/2012 by the learned judicial magistrate first class, 3rd court, buldana, is set aside to the extent of alienation of immovable property and modified in the nature that the respondents are restrained from alienating or creating encumberance over the house property described in item no. .....
Tag this Judgment!Court : Mumbai
..... be attracted to the facts of this case in view of the fact that the learned metropolitan magistrate, 40th court before whom the applicant has filed proceedings under the provisions of 'protection of women from domestic violence act, 2005' (hereinafter referred to as the domestic violence act) is not subordinate to the high court. 3. ..... said judgment has held that under section 26 of the protection of women from domestic violence act, 2005, the family court has ample powers to deal with the proceedings initiated by the wife under the domestic violence act. 11. ..... said complaint clearly indicates that the applicant had applied for protection under section 18 of the domestic violence act prohibiting the respondent from interfering with the access of the applicant in the matrimonial home and for injunction dispossessing the applicant in any manner whatsoever from the matrimonial home. 20. ..... of the applicant which has commenced before the metropolitan magistrate in her complaint filed before under the provisions of domestic violence act can be continued from the stage it was before the learned metropolitan magistrate. ..... enacted in 1984 whereas the domestic violence act was enacted in 2005 and thus section 7(2) of the family court act, 1984 which provides that the family court shall have jurisdiction to exercisable by the magistrate of first class, the family court would not be construed as a magistrate of the first class for the purpose of trying the proceeding under domestic violence act. .....
Tag this Judgment!Court : Mumbai
..... the petitioner has filed summary criminal case no.57 of 2012 under section 25 of the protection of women from domestic violence act, 2005 ("the act" for short) against respondent no.3, the husband. 2. ..... the petitioner had never shared domestic relationship with respondent no.3 in that flat and as such she cannot enforce a right of residence therein. 5. ..... they have a daughter born from the marriage wedlock. ..... it is obvious from the fact that the application for shared hold was nothing but an attempt on the part of the petitioner to grab the flat in question. .....
Tag this Judgment!Court : Mumbai
..... no.68/2014 before the magistrate under section 12 of the protection of women from domestic violence act, 2005 ("the said act" for short) for various reliefs. ..... , section 20 of the said act provides for monetary relief which includes expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence. ..... section 18(c) envisages that protection order can be passed in favour of the aggrieved person thereby restraining the respondent from entering the place of employment of the aggrieved person or a child or its school or any other place frequented by the ..... in particular, under prayer clause 77(vii), a restrainment order is sought against the present applicant from making any contact with the respondent in any manner whatsoever whether physically, telephonically, electronically or ..... could appearing for the applicant very fairly did not dispute that under the provisions of the said act, relief can be claimed and granted in respect of the child including a male child. ..... it was contended that under the provisions of section 2(a) of the said act which defines an aggrieved person, it is only a woman who could be the ..... clause 77(viii), a claim of maintenance of rs.25,000/- per month has been made in respect of the child apart from the claim of rs.75,000/- per month in respect of wife. ..... outset, it is necessary to mention that there are various sections in the said act which contemplate grant of certain reliefs in favour of a child. .....
Tag this Judgment!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
..... secondly, it is contended that in the petition filed under the protection of women from domestic violence act, 2005 (for short "the said act of 2005"), in addition to interim maintenance of rs.1,000/- per month, an amount of rs.400/- per month towards ..... granted at the rate of rs.4,000/- per month is brought down to rs.2,500/- per month on the following grounds: (i)the court of the metropolitan magistrate in the proceeding of the domestic violence act,2005 granted interim maintenance at the rate of rs.1,000/- per month to the wife and directed payment of rs.400/- per month towards rent; (ii) the wife has completed nursing course and ..... no ground to reduce maintenance amount from rs.4,000/- to rs.2,500/- per month even after taking into consideration interim maintenance ordered to be paid in the proceedings under the said act of 2005 considering the income of the husband ..... application no.18 of 2012 in petition no.a-682 of 2009 is hereby dismissed; (iii) we direct the respondent-husband to pay cost of this appeal quantified at rs.10,000/- to the appellant-wife within a period of eight weeks from today; (iv) civil application no.165 of 2013 does not survive and the same is disposed of. ..... 2011 passed by the learned judge of the family court at bandra,mumbai in petition no.a682 of 2009, while granting a decree of divorce under the provisions of the special marriage act,1954, the learned judge granted a decree of permanent alimony in the sum of rs.4,000/- per month from the date of decree. 2. .....
Tag this Judgment!Court : Mumbai
..... respondent had filed application under the provisions of protection of women from domestic violence act (hereinafter referred as "the said act"). ..... (ii) petitioner is directed to deposit the amount of maintenance at the rate of rs.7,000/- per month till 20/02/2015 and from 20/02/2015 petitioner shall deposit the amount of maintenance at the rate of rs.6,000/- per month. ..... notice was sent to the protection officer and the report did not bear the signature or seal of the office of the protection officer and therefore according to the appellate court, summons were not duly served in accordance with law and hence, the impugned order dated 25/04/2013 was quashed and set aside by an order dated 27/09/2013. ..... today, in the course of hearing of the present petition, learned counsel for the petitioner, upon instructions from the petitioner who is present in the court submits that respondent is earning sufficiently. ..... the same shall be executed within a week from the receipt of this order. ..... matter was adjourned from time to time and the interim relief was extended. ..... the income from running the beauty parlour may not be stable income which would be sufficient for her survival. 8. ..... (iii) petitioner shall clear the arrears within 6 weeks from today. .....
Tag this Judgment!Court : Mumbai
..... firstly, that under section 12 of the protection of women from domestic violence act, 2005 (for short, the d.v. ..... the object of the act was, therefore, keeping in view the rights guaranteed under articles 14, 15 and 21 of the constitution and to provide for a remedy under the civil law which is intended to protect women from being victims of domestic violence. 20. ..... 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. 17. ..... since, the 2005 act is aimed at protecting women against domestic violence, the submissions of the petitioners, if are accepted, would create an insulation to the female members of the husband's family who may go unpunished for acts amounting to domestic violence. 16. ..... the 2005 act has been introduced to protect women against domestic violence which is undoubtedly a human rights issue and is a serious deterrence to ..... it empowers the magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence. .....
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