Court : Mumbai
..... the respondent no.1 has filed an application under section 12 of the protection of woman from domestic violence act (for short 'the d.v.act') which is pending before the judicial magistrate, first class at bhiwandi. ..... however, if the learned magistrate feels certain that he would be able to dispose of the main proceedings within a period of two months from today, he need not re-consider the question of grant of interim maintenance. 15. ..... act within a period of two months from today, he may not re-consider the question of grant of interim maintenance. 12. ..... it is not in dispute that in two other proceedings, the respondent no.1 wife is already getting maintenance from the petitioner. ..... act, and such interim order can be passed even ex-parte. ..... act. 7. ..... act, and such interim maintenance was granted by the learned magistrate by an order dated 23rd august 2011. .....
Tag this Judgment!Court : Mumbai
..... and other family members became rather strained and as such sometime in the mid of may 2012, the present appellant filed an application under the protection of women from domestic violence act, 2005 before the jmfc, chhatarpur, madhya pradesh against the present respondent and also against her elder son and daughter-in-law as well as against two daughters and son-in-laws. ..... without going into much details as to what happened subsequently, suffice it to say that the said learned jmfc, chhatarpur, madhya pradesh had disposed of the application under domestic violence act preferred by the present appellant vide order dated 22.7.2013 and thereby custody of the child was permanently directed to be given to the present appellant / then petitioner, however, ..... bring to the notice of the family court, bandra, pendency of the application preferred by the present applicant under domestic violence act and in which one of the prayers was also for custody of the child. 8. ..... bandra, mumbai and also not brought to the notice of jmfc, chhatarpur, madhya pradesh during pendency of the application preferred by the present appellant for action under domestic violence act. ..... the court record before learned jmfc, chhatarpur, madhya pradesh that the present respondent i.e the grandmother of the child did file appearance in the said matter of domestic violence and also filed written submission and it is also a factual position that the time was sought for handing over custody of the small child anjali to her .....
Tag this Judgment!Court : Mumbai
..... dv/25/2012 against the applicant and her family members before the learned metropolitan magistrate under the provisions of the protection of women from domestic violence act 2005. ..... that since the respondent was not qualified to enter into a legal marriage with the said deceased, the complaint filed by the respondent before the learned metropolitan magistrate under the provisions of the protection of women from domestic violation act 2005 itself is not maintainable and thus the respondent could not have invoked the provisions of the said act for making an application for certified copies of the proceedings before the learned prothonotary and senior master. ..... respondent has already filed a petition under the provisions of the domestic violence act against the applicant and the family members. ..... respondent has asserted her alleged rights under the provisions of domestic violence act. ..... no doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 act, but then it is not for this court to legislate or amend the law ..... our opinion not all live in relationships will amount to a relationship in the nature of marriage to get the benefit of the act of 2005. ..... see 'common law marriage' in wikipedia on google) in our opinion a 'relationship in the nature of marriage' under the 2005 act must also fulfill the above requirements, and in addition the parties must have lived together in a 'shared household' as defined in section 2(s) of the act. .....
Tag this Judgment!Court : Mumbai Goa
..... , the respondent filed complaint against the petitioner and his parents under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 (domestic violence act, for short), claiming total sum of rs.67,500/- for maintenance of herself and the two minor children. ..... court directed that a sum of rs.1,50,000/- should be paid by the respondent-husband to the petitioner-wife, for herself as well as for their minor son from the date of filing of the complaint under section 12 of the domestic violence act, 2005, till the said complaint is again disposed of by the trial court. 25. ..... shall pay to the respondent the amount of interim maintenance as directed by the trial court, vide the impugned order, by adjusting the amount of rs.50,000/- per month granted to the respondent under the domestic violence act, which is already paid as from 09/06/2011 and which would be paid, hereinafter. ..... that from august 2009, radhika was getting rs.50,000/- per month and rs.25,000/- per month under the domestic violence act. ..... dated 05/10/2012, passed on the application for maintenance under section 24 of the act, the trial court ordered the petitioner to pay to the respondent a sum of rs.75,000/- per month and to both children rs.50,000/- each, per month, towards maintenance, excluding the amount of rs.50,000/- granted to the respondent in domestic violence case and rs.25,000/- per month towards legal expenses from the date of filing of the application i.e. .....
Tag this Judgment!Court : Mumbai Goa
..... filed an application in the prescribed form i and ii under section 12 of the protection of women from domestic violence act, 2005 ('the domestic violence act', for short) alleging domestic violence and sought protection order as also monetary benefits by way of maintenance of rs. ..... is, however, further held in the aforesaid case that section 2(f) of the domestic violence act embraces a wider concept by affording protection not only to legally wedded wife but also to a woman who is having domestic relationship which may not strictly be marriage but is in the nature of marriage ..... it has been held that a relationship in the nature of marriage is akin to a common law marriage which requires, in addition to proof of the fact that parties had lived together in a shared household as defined in section 2(s) of the domestic violence act, the following conditions to be satisfied: (a) the couple must hold themselves out to society as being akin to spouses; (b) they must be of legal age to marry; (c) they must be otherwise qualified to enter into a legal marriage, including being ..... it was held that the application under section 12 of the domestic violence act, at the instance of the petitioner, in respect of the alleged acts of domestic violence which took place when she had resided with the respondent, prior to 26/10/2006, ..... , the aggrieved person need not ask for all the reliefs available under the domestic violence act and she can ask for any one or more of the reliefs, whichever she .....
Tag this Judgment!Court : Mumbai Aurangabad
..... filing the case there is stated to be based on the strength of section 27(1)(a) of the protection of women from domestic violence act, 2005. ..... has uncle residing at khamgaon, she appears to have gone there and filed the proceedings under the protection of women from domestic violence act, 2005. ..... filing the proceeding at khamgaon is the provision of section 27(1) (a) of the protection of women from domestic violence act, 2005. ..... jurisdiction is to be decided on the basis of section 27 (1)(a) of the protection of women from domestic violence act, 2005. ..... khamgaon under the protection of women from domestic violence act, 2005. ..... khamgaon, then she filed fir at under section 498a at jamner in september, 2012 (where it is submitted she was staying when she filed fir) and now she has filed proceedings under domestic violence act at khamgaon on 8th october, 2013. ..... documents, the counsel argued that the respondent is resident of neri digar and only with a view to harass the petitioner and his old parents, the proceedings under the domestic violence act are filed at khamgaon. 7. ..... , it is clear that the marriage took place at neri digar and the parties resided at neri digar and cause of action for which the domestic violence case has been filed also arose at neri digar. ..... incidents referred in the complainant did not take place at khamgaon, still, in view of this provision in favour of women, the respondent is entitled to maintain her complaint at khamgaon as she is temporarily residing there. .....
Tag this Judgment!Court : Mumbai Nagpur
..... section 28 of the protection of women from domestic violence act, 2005 can be pressed into service when there is no provision available for implementing a particular order passed under the protection of women from domestic violence act, 2005. ..... an application under section 12 of the protection of women from domestic violence act, 2005 before the learned magistrate. ..... of section 28 of the protection of women from domestic violence act, 2005 reads as under:- 28(2) ..... from the order of the learned magistrate that the learned magistrate was of the view that he could formulate his own procedure under section 28(2) of the protection of women from domestic violence act, 2005 ..... section 125(1)(a) of the code of criminal procedure are analogous to the reliefs available under section 20 of the protection of women from domestic violence act, 2005. ..... getting compliance of the orders passed by the magistrate under section 125(1) of the code will have to be followed for executing the orders passed by the magistrate under section 20 (monetary reliefs) of the protection of women from domestic violence act, 2005. ..... if sooner made: provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the date on which it became due: provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such magistrate may consider .....
Tag this Judgment!Court : Mumbai Goa
..... an application has been filed by the applicant under section 12 of the protection of women from domestic violence act, 2005 (the act? ..... to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to, - (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an ..... means any women 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. ..... - for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it- (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and ..... section 3 of the act defines domestic violence? ..... after considering the entire material on record, the learned trial magistrate, by order dated 16.01.2012, held that prima facie it was shown that the applicant and the opponent are in domestic relationship with each other and that the applicant has been subjected to domestic violence by the opponent. .....
Tag this Judgment!Court : Mumbai Goa
..... petition involves a question of law as to whether subsistence of marriage is sine qua non for maintainability of a complaint under section 12 of the offence under the protection of women from domestic violence act, 2005? 2. ..... /husband stopped paying the said amount, from august 2011, the petitioner filed application under section 12 of the protection of women from domestic violence (d.v. ..... defintion of domestic violence for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) harms or injures or endangers the health, safety, life limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and ..... section 3 of the said act covers different types of domestic violence which is physical abuse, sexual abuse, emotional abuse and so also various types of harassment threats, endangering lives verbal ..... of the chapter ii of the act which is captioned as domestic violence?. ..... no doubt that within the purport of domestic violence? ..... the term domestic violence? ..... domestic violence? ..... domestic violence ..... means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act; provided that an aggrieved wife or female living in a relationship in the nature of marriage may also file a complaint against the relative of the husband or .....
Tag this Judgment!Court : Mumbai
..... (such a right is not available to a wife of a coparcener except for enjoyment and possession of a property which is her matrimonial home or shared residence) (see section 17 of the protection of women from domestic violence act, 2005 (d.v. ..... consequently a wife has no share, right, title or interest in the huf in which her husband is a coparcener with his brothers, father or sons (and after the amendment of section 6 of the hindu succession act in 2005 with his sisters and daughters also). 14. ..... it was further held in para 4 of the judgment that a hindu joint family consisted of a person lineally descended from a common ancestor and includes their wives and unmarried daughters unlike a hindu coparcenary which would be a narrower body and included only persons who acquired, by birth, interest in the joint or coparcenary ..... pending that the garage must be protected against alienation and sale. 7 ..... even after the amendment of 2005 to section 6 of the hindu succession act a wife would not be a coparcener; only a daughter of a coparcenar would be a coparcener ..... judgment considered the hindu women's right to property act, 1937. ..... deceased did not get the share which belonged to her husband in the huf upon her husband's death as per section 3 of the hindu women's right to property act, 1937. ..... female cannot be a coparcener although she may be a member of a joint hindu family (the position in law has changed upon the amendment to section 6 of the hindu successions act, 1956 by the amendment of 2005. .....
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