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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANJUSHA DESHPANDE
Harshad Suresh Sonawane – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MANJUSHA DESHPANDE, J.
1. This Criminal Application has been filed by the Applicant assailing the conditional order dated 30th September 2024 passed on Exhibit – 4, i.e. Stay Application filed in PWDVA Appeal No. 15 of 2024, by directing the Applicant to deposit Rs.5,00,000/- as a precondition for stay. Respondent No. 2 has filed Domestic Violence Complaint bearing No. DV/57/2020 before the 10th J.M.F.C., CBD Belapur, Navi Mumbai under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short “the D.V. Act, 2005”). The J.M.F.C. at Belapur has passed the order dated 20th April 2024 on an Interim Application filed by Respondent No. 2 directing the present Applicant to pay monthly maintenance of Rs.20,000/- alongwith monthly rent of Rs.10,000/- towards the residence order to Respondent No. 2 till the decision of the main application.
2. It is the case of the Applicant that after having seen the profile of the Applicant on Matrimonial Site and also from Facebook profile Respondent No. 2 has met him, and after that they have decided to marry. Accordingly, their marriage was performed on 30th September 2017 at Trambakeshwar, Nashik in presence of the prese
A marriage can only be declared void by a competent court; until then, maintenance obligations remain under the D.V. Act, affirming the necessity of legal recognition of marital status.
The Domestic Violence Act permits an aggrieved person to seek maintenance even after the dissolution of marriage, provided there is evidence of domestic violence, and the definitions of 'aggrieved pe....
The court upheld the broader definition of 'domestic relationship' in the Protection of Women from Domestic Violence Act, allowing maintenance claims from individuals in non-legally recognized marria....
There is no bar to seek maintenance under different statutes, and the amount awarded should not overlap and should be inclusive of maintenance under each jurisdiction and not exclusive.
The main legal point established in the judgment is the entitlement to relief under the PWDV Act based on the finding of a domestic relationship, and the permissibility of adjustment of maintenance a....
A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C., regardless of her marital status, emphasizing the husband's obligation to provide for his wife and children.
A woman in a live-in relationship is entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005, provided the relationship meets the definition of domestic relationship.
Maintenance and compensation – Female Live-in-Partner can be granted relief under provisions of Domestic Violence Act, 2005.
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