Court : Mumbai
..... on 27th december 2012 the petitioner also filed a proceeding under sections 12, 18, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the court of additional chief metropolitan magistrate, 40th court at girgaum, mumbai being cc no.637/ss/2012, [hereinafter referred to as "dv act proceedings"]. ..... taking totality of the facts and circumstances of the case into consideration especially the deposits and withdrawals of amounts by the respondent as disclosed from the bank statement and debit card statements and statement made by the respondent in his reply in the dv act proceedings, in my opinion, the ends of justice would be met if the respondent is directed to pay to the petitioner interim maintenance @ rs.1 lac per month from the date of the impugned order. 19. ..... act 2005, the respondent denies that the applicant has been subjected to any expense or loss suffered in monetary terms. ..... act 2005 the respondent submits that this prayer of the applicant has to be taken into consideration in the light the suit which the respondent has filed against the applicant in the family court at new delhi seeking ..... this writ petition arises from an interim maintenance proceedings under section 18 of the hindu adoptions and maintenance act, 1956. .....
Tag this Judgment!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
..... 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. .....
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. .....
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