Showing : 1-10 of 764 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 19-- Domestic violence - Right of residence and maintenance - Shared household - Wife entitled to claim residence in shared household only if she establishes domestic violence - Since there is no evidence to prove domestic violence, wife not entitled to right of residence - However, child has to be..........
DELHI HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 19, 20, 31-- Shared household - Residence order in favour of daughter-in-law - Sale of property by mother-in-law to third party - Order of residence in favour of daughter-in-law in force neither vacated nor modified by Courts - Mother-in-law sold the house in question - Action of mother-in-law in selling house..........
DELHI HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 19, 20, 31-- Shared household - Residence order in favour of daughter-in-law - Sale of property by mother-in-law to third party - Action of mother-in-law in disposing of property by way of registered sale deed no doubt caused loss to daughter-in-law, however, since there was no order restraining mother-in-law..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Complaint u/s 12 of the Act - Quashing of complaint - Barred by limitation - Non-providing of maintenance is a continuous cause of action - Even if for 3 years wife did not claim maintenance for herself or for child, same would not debar her from seeking maintenance u/s 12 of the Act - Complaint..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 19(f)-- Right of wife to reside in matrimonial home - To be entitled to a right of residence in a house, wife has to show that same is a shared household in which her husband has a right to reside - It is not sufficient to merely show that house in which wife claims residence is a shared household, in..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 19(f)-- Right of residence - Right of wife to reside in matrimonial home - Wife to show that husband has right in property - Property in question allotted to father of husband - Nothing on record that husband has any right or interest in subject property nor property in question is a joint family property..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 21-- Visitation rights - Application filed by father - Maintainability - Child was in custody of mother - Father of child seeking visitation rights - Court has to consider that child shall spend equal and substantive time with each parents while making parenting order - Application u/s 21 of the Act at..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 21-- Interim custody of child - Application u/s 21 of the Act seeking interim custody is maintainable before Magistrate exercising jurisdiction in relation to area where family Court is established and Magistrate has jurisdiction to decide such an application in accordance with law...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 3, 20-- Maintenance - Even assuming that appellant is not the legally wedded wife and therefore not entitled to maintenance u/s 125 Cr.P.C. has efficacious remedy to seek maintenance under the provisions of Domestic Violence Act as victim i.e. estranged wife or live-i, partner would be entitled to more..........
PATNA HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 19-- Right of residence - Intended beneficiary of the Act is not only a woman who is in domestic relationship with respondent but a woman who has been in domestic relationship with respondent...........

Showing : 1-10 of 764 Results