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
..... 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 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 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 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. .....
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
..... 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
..... 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 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
..... 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. .....
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