Showing : 1-10 of 752 Results

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..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13-- Divorce petition filed by husband - Transfer of petition - Wife lodged FIR u/ss 406, 498-A IPC and initiated proceedings under Domestic Violence Act and u/s 125 Cr.P.C. against husband at Jalandhar - Thereafter husband filed petition u/s 13 Hindu Marriage Act at Ludhiana - Wife having no..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 3, 7, 19-- Scope - Essential ingredients for applicability of the Act are : (i) Claimant must be a person aggrieved i.e. a woman who is or has been in a domestic relationship; (ii) Domestic relationship should be between 2 individuals who live or have lived in a shared household, related by blood, marriage..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 3, 7, 19-- Maintenance - Petition by grand daughter against her grand father - She claims to have lived and is living in the shared accommodation with the applicant - She alleges that after her father's death applicant neither provided any financial support and on the contrary inflicted physical/mental..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Rule 23, Protection of Women From Domestic Violence Act, 2005, Section 12-- Senior citizen - Eviction order passed on 27.10.2017 - Possession of one room delivered - Judicial Magistrate passed an order on 27.02.2018 u/s 12 of Protection of Women from Domestic Violence Act so as to protect possession of wife of respondent - Held, order passed under Domestic Violence Act..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 28(2), 12-- Domestic violence - Referred to process of mediation - Settlement arrived at in between parties - However, wife was subjected to domestic violence, thereafter - Grievances of wife after settlement have to be seen, examined, construed and adjudicated upon in the light of past alleged conduct -..........
DELHI HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 28(2)-- Proceedings under the Act - Proceedings are governed by provisions of Cr.P.C. - However, it does not prevent Court from laying down its own procedure...........
KERALA HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 26-- Application u/s 12 of the Act - Can be considered only by Magistrate and cannot be considered by Family Court or Civil Court or any other Court - However, reliefs that can be granted u/ss 18 to 22 of PWDV Act can be granted by other Courts while dealing pending disputes...........

Showing : 1-10 of 752 Results