Court : Mumbai Nagpur
..... applicant prabha arora has moved the court of judicial magistrate first class for certain reliefs under the protection of women from domestic violence act, 2005. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 141/2008 filed under section 12 of the domestic violence act, 2005 [hereinafter referred as the "act" for short] is allowed by the sessions court. ..... having regard to the provisions of domestic violence act, 2005? 3. ..... the definition of the term 'aggrieved person' is given in section 2 (a) of the act and it is as under:- "(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; " the term 'domestic relationship' is defined in section 2 (f) of the act and it is as under:- "(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 ..... all this evidence has created a probability that the respondent married with the petitioner as he was not having issue from the first wife, but the petitioner did not conceive and so the dispute started. ..... she had claimed relief like protection order, allowance for making payment of rent and compensation amount. ..... therefore, women in live-in relationships are also entitled to all the reliefs given in the said act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the application is filed for transfer of criminal case no.9 of 2011 filed under section 12 of the protection of women from domestic violence act 2005, by the present respondent. ..... though it is true that the judge will not get influenced only because his staff, is involved as party to the proceeding, this circumstance needs to be considered from the view point of other side and the judge is required to step in the shoes of the party and then think about the matter. 4. ..... the new court is to take care and see that, in any case, the main matter itself is disposed of within three months from the date of receipt of this order. ..... , within 15 days from today. .....
Tag this Judgment!Court : Mumbai Goa
..... the respondent herein filed criminal miscellaneous application no.159/2009/a before the judicial magistrate, first class, mapusa under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 ('the act' for short). ..... learned sessions judge, north goa, panaji dismissed the appeal filed by the petitioner herein, but partly allowed the appeal preferred by the respondent and held that she would be entitled to the amount from the date of the application till the decision of the proceedings on merits. 6. ..... the appellate court shall decide as to the date from which the order shall come into effect inasmuch as learned magistrate had not stated as to the date from which the order shall come into effect. 9. ..... considering that the matter pertains to grant of monetary relief in favour of the complainant under the act, learned sessions judge shall dispose of the appeal expeditiously. ..... the respondent also claimed maintenance at the rate of rs.67,500/- per month from the date of filing of the application i.e. ..... from a bare perusal of the impugned judgment, it is obvious that the lower appellate court has failed to exercise jurisdiction in accordance with settled law. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... dispute that the proceedings which are initiated by the applicant under the provisions of protection of women from domestic violence act, 2005, at aurangabad, and the respondent has attended and participated in those proceedings. ..... invited my attention to the averments in the application and in particular paragraphs 6 to 10 of the application and submitted that the respondent is attending the proceedings filed by the applicant under the provisions of protection of women from domestic violence act, 2005 in the court of learned j.m.f.c. ..... certain relief under the provisions of protection of women from domestic violence act, 2005 in the court of learned j.m.f.c ..... is mental and physical harassment to the respondent-husband at the hands of the applicant-wife and her family members, as stated in detail in written statement, filed in the proceeding initiated under the provisions of protection of women from domestic violence act, 2005 i.e. m.a. ..... the learned counsel appearing for the respondent relying upon the affidavit in reply, submits that there are threats to the respondent from the applicant and her relatives and if the respondent comes at aurangabad for attending the proceedings, there is danger to his ..... 26-4-2011 at exh.59 wherein she had prayed to direct the respondent-husband to pay amount of ad interim maintenance and until the payment of amount of ad interim maintenance is made, the respondent-husband be restrained from participating in further proceedings in the above said matter. .....
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 Goa
..... , sanguem, dated 18.03.2010, whereby the interim relief sought by the petitioner under section 23 of the protection of women from domestic violence act, 2005, came to be dismissed. ..... shri rodrigues, learned counsel appearing for the petitioner, upon instructions from the petitioner, is agreeable to provide visitation rights to the respondent and that such visitation rights shall initially be on every working saturday in the court of the learned j.m.f.c. ..... , i pass the following : order (i) the impugned orders passed by the courts below are modified and the respondent shall pay interim maintenance to the petitioner and her minor child at a sum of rs.6,000/- per month, from january, 2012 until the disposal of the main petition. ..... dessai, learned counsel appearing for the respondent, upon instructions, has agreed to pay a sum of rs.6,000/- per month as interim maintenance from january, 2012 onwards. ..... the amounts from january, 2012 upto july 2012 shall be paid after deducting any amount which at all paid by the respondent to the petitioner. ..... , sanguem, from 3.00 p.m. to 5.00 p.m. 7. .....
Tag this Judgment!Court : Mumbai Goa
..... , sanguem, dated 18.03.2010, whereby the interim relief sought by the petitioner under section 23 of the protection of women from domestic violence act, 2005, came to be dismissed. ..... shri rodrigues, learned counsel appearing for the petitioner, upon instructions from the petitioner, is agreeable to provide visitation rights to the respondent and that such visitation rights shall initially be on every working saturday in the court of the learned j.m.f.c. ..... , i pass the following : order (i) the impugned orders passed by the courts below are modified and the respondent shall pay interim maintenance to the petitioner and her minor child at a sum of rs.6,000/- per month, from january, 2012 until the disposal of the main petition. ..... dessai, learned counsel appearing for the respondent, upon instructions, has agreed to pay a sum of rs.6,000/- per month as interim maintenance from january, 2012 onwards. ..... the amounts from january, 2012 upto july 2012 shall be paid after deducting any amount which at all paid by the respondent to the petitioner. ..... , sanguem, from 3.00 p.m. to 5.00 p.m. 7. .....
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
..... 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. .....
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