Court : Mumbai Aurangabad
..... that since shri vijay yashwant bhosale harassed the respondent no.1, the respondent no.1 invoked the provisions of the protection of women from domestic violence act, 2005 by filing criminal case no.18 of 2010 under sections 18, 19, 20, 21 of the protection of women from domestic violence act, 2005 in which the respondent no.1 impleaded the present petitioner in the capacity of friend of husband of the respondent ..... 482 of the code of criminal procedure, 1973 read with article 227 of the constitution of india praying for quashing the proceedings of the application made by the first respondent under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as "the act"). 2. ..... is required to be filed in accordance with the format prescribed by rule 6 of the protection of women from domestic violence rules, 2006 (hereinafter referred to as "the said rules"). ..... the preamble of the act shows that the same has been enacted to provide more effective protection to the rights of women guaranteed under the constitution of india who are victims of violence of any kind occurring within the family and matters connected therewith ..... various reliefs which can be granted under the said act are as under : (a) under section 18, protection order can be passed in favour of the aggrieved person; (b) under section 19, residence order can be passed in favour of the aggrieved person; (c) section 20 provides for grant of monitory relief of maintenance, medical expenses .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicant herein has filed criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad on 22nd july, 2011 and those proceedings are pending before the said ..... criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad. ..... that, prior to filing this miscellaneous civil application, the respondent has filed proceedings bearing miscellaneous criminal application no.113 of 2012, before the principal seat of this court for transfer of proceedings from aurangabad to panvel court, but the applicant only with a view to counter blast the miscellaneous criminal application no.113 of 2012, has filed the present miscellaneous civil application by suppressing the material ..... it is true that, the respondent has filed the application for transfer of those proceedings from aurangabad to mumbai, however, said application is yet pending at principal seat of this court at bombay, however, the respondent has not invited any order staying aforesaid ..... being matrimonial proceedings, the family court, aurangabad on transfer, should decide hindu marriage petition no.8 of 2011 as expeditiously as possible, however, within six months from the first date of hearing, which will be fixed by the family court, aurangabad. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 2011 for orders under section 23 read with section 12, 17, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 (hereafter referred to as d.v. ..... the application made by the applicant under the domestic violence act for protection order can not be viewed as a complaint of the offence u/s 31 of the domestic violence act. ..... 31 of the domestic violence act makes a breach of protection order, final or interim, an offence under the said act. ..... gives freedom to the court dealing with the applications under section 12 or under subsection (2) of section 23 of the domestic violence act to lay down its own procedure for its disposal. 9. ..... section 28 of the domestic violence act reads as under: ..... criminal procedure, 1973 prescribing bar to taking cognizance after the lapse of the period of limitation prescribed therein would only arise at the time of taking cognizance of such an offence as spelt out under section 31 of the domestic violence act. ..... in the instant case, learned magistrate passed an interim protection order granting maintenance which by itself does not constitute ..... date of the alleged desertion of the respondents, there was no protection order and as such there could be no breach of it translating the said occurrence into a crime as spelt out under section 31 of the said act. ..... magistrate (first class), ahmednagar ordered an inquiry and called for its report from tahsildar, ahmednagar as per the provisions of the said act vide order dated 07/07/2011. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... has also initiated the proceedings under the provisions of the protection of women's from domestic violence act, 2005 before the chief judicial magistrate, amravati and same is ..... 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. ..... rejoinder affidavit in paragraph-5 that, after the incident of mental blow by the respondent, the life of the applicant has become miserable and on every walk of the life, the applicant needs the support from her parents, therefore, the applicant has decided to stay alongwith them at amravati and the applicant is totally depending on her parents despite the fact that she is also a doctor. 6. ..... transfer of the hindu marriage petition no.377 of 2011, initiated by the respondent-husband under the provisions of section 12(1)(c) of the hindu marriage act, 1955, from the court of the civil judge, senior division, ahmednagar, to the court of the civil judge, senior division, amravati. 3. ..... it is further stated that, the applicant will have to travel from amravati to ahmednagar, distance from amravati to ahmednagar is more than 500 kms, which would cause inconvenience ..... the applicant, that the father of the applicant has lodged complaint with the police station frazerpura, amravati on 12th august, 2011 since the threats were extended to the father of the applicant from the respondent and brother of the respondent and other in-laws. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... applicant herein has filed criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad on 22nd july, 2011 and those proceedings are pending before the said ..... criminal miscellaneous application no.1106 of 2011 under sections 12, 18, 19, 20, 22 and 23 of the protection of women from domestic violence act, 2005 before the judicial magistrate first-class, at aurangabad. ..... that, prior to filing this miscellaneous civil application, the respondent has filed proceedings bearing miscellaneous criminal application no.113 of 2012, before the principal seat of this court for transfer of proceedings from aurangabad to panvel court, but the applicant only with a view to counter blast the miscellaneous criminal application no.113 of 2012, has filed the present miscellaneous civil application by suppressing the material ..... it is true that, the respondent has filed the application for transfer of those proceedings from aurangabad to mumbai, however, said application is yet pending at principal seat of this court at bombay, however, the respondent has not invited any order staying aforesaid ..... being matrimonial proceedings, the family court, aurangabad on transfer, should decide hindu marriage petition no.8 of 2011 as expeditiously as possible, however, within six months from the first date of hearing, which will be fixed by the family court, aurangabad. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... is the case of the applicant that, the respondent started ill-treating the applicant and therefore, she was constrained to file complaint against the respondent under sections 2, 12, 19, 20 and 22 of the protection of women from domestic violence act, which is pending in the court of the judicial magistrate, first class, raver. ..... there are two children, aged 6 and 11 years and they are taking education at raver and therefore, if the proceedings are not transferred from aurangabad to jalgaon, there is every possibility that, it will cause great inconvenience to the applicants. ..... proceedings are matrimonial nature, it is desirable that the concerned court to dispose of the said proceedings, as expeditiously as possible, however, within six months from the first date of hearing to be fixed by the concerned court. 8. ..... it is not in dispute that, except the maintenance amount, the applicant has no financial source to travel from raver to aurangabad. ..... is paying handsome amount of rs.5000/- towards maintenance to the applicants and therefore, the applicant has financial source to travel from raver to aurangabad. ..... appearing for the applicant submits that, the applicant has no financial source to travel from raver to aurangabad. ..... 290 of 2011 from the family court, aurangabad to the court of the civil judge, senior division, jalgaon ..... court to take necessary steps to transfer the proceedings pending before it to the court of the civil judge, senior division, jalgaon, within two weeks from today. .....
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