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AMIT BORKAR
Vithal Manik Khatri – Appellant
Versus
Sagar Sanjay Kamble @ Sakshi Vithal Khatri – Respondent
JUDGMENT :
1. The challenge in this petition is to the order dated 5th October 2021 passed by learned Additional Sessions Judge, Baramati, in Criminal Appeal No. 75 of 2019 confirming the Judgment and Order dated 11th November 2019 passed by Judicial Magistrate First Class, Baramati in Miscellaneous Application No.573 of 2018.
2. Respondent No.1, who initially was Transgender, filed a proceeding under the provisions of the Domestic Violence Act, 2005 as a woman under the Domestic Violence Act. According to the case of respondent No.1, she converted her gender from Transgender to female by performing surgery on 1st June 2016. On 21st July 2016, there was a marriage between the petitioner and respondent. Due to differences between the parties, the respondent filed Criminal Miscellaneous Application No.573 of 2018 under the provision of the Domestic Violence Act, 2005. In the said proceedings respondent filed an application seeking interim maintenance. The Judicial Magistrate First Class, Baramati, by order dated 11th November 2019, directed payment of Rs.12,000/- per month from the date of application. Aggrieved thereby, the petitioner filed an appeal before the learned Additional Sess
The burden of proving the cessation of the relationship lies with the petitioner, and without evidence, it cannot be stated that the relationship has ceased to exist.
The Protection of Women from Domestic Violence Act applies to foreign citizens, affirming their right to seek protection under Indian law.
The main legal point established in the judgment is that the Protection of Women from Domestic Violence Act, 2005 is intended to protect any woman in a domestic relationship as an 'aggrieved person',....
The judgment established the importance of meeting the statutory requirements for maintaining an application under the Protection of Women from Domestic Violence Act, 2005 and emphasized the court's ....
(1) Even if a Muslim women has been divorced, she would be entitled to claim maintenance from her divorced husband, as long as she does not re-marry.(2) Quantum of maintenance – Wife is entitled to l....
The main legal point established in the judgment is the retrospective effect of the Protection of Women from Domestic Violence Act, 2005, and the entitlement of maintenance to the aggrieved person, e....
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