Showing : 221-230 of 747 Results

CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401-- Order passed by Magistrate under Act of 2005 - Revision against - Not maintainable - Remedy against such an order is of appeal only u/s 29 of Act of 2005 - Revision cannot be filed against same as in case of any special enactment when in force, then provision of such enactment has to be compiled..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005, Section 20(3)-- Monetary relief - Can be either lump sum amount or monthly payment but not both...........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005, Section 29-- Revision instead of appeal - Court however, did not consider any matter beyond scope of determination of appeal - When substance of revisional application is entertainable in law and is considered judicially by Competent Court, defect in presentation of application does not vitiate entire..........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 12-- Maintenance - Parties settled their dispute as per terms of memorandum of understanding (MOU) including wife's right to maintenance - Terms of MOU breached - Original cause of action is not revived - Wife can enforce terms of memorandum of understanding and can also seek further reliefs of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 29-- Order passed by Magistrate - Appeal lies thereagainst - Order passed by Sessions Court in appeal is revisable u/s 397 read with S.401 Cr.P.C...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005-- Merely because various litigations like criminal prosecution, civil suit and other matter in relation to Hindu Marriage Act are pending between parties, there is no bar for continuation of any proceedings under the Act, as the Act is for protective orders and same is not regarding any offence...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Application u/s 12 of the Act - Magistrate has to consider the domestic incident report before passing any order - However, legislature has not made bar for taking cognizance i.e hearing of matter and issuance of notice prior to said report - Magistrate is not bound by the report only and can take..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 23, 26, Criminal Procedure Code, 1973, Section 468-- Cognizance of offence - Applicability of S.468 Cr.P.C - Provisions of Ss.12, 18, 19, 20, 22, 23, 26 of the Act of 2005, are not in definition of offence as they are in relation to protective and other jurisdiction - S.468 Cr.P.C. therefore, is not applicable to the same...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Maintenance - Wife driven out from matrimonial home claiming maintenance for herself and for her child - However, wife is educated and holds a degree of M.A and B.Ed and even working as a teacher but she has not disclosed the information relating to her employment - Wife not entitled to any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 17-- Right of residence - Wife claiming residence in the house owned by husband - However, said house is being rented out, possession of the same cannot be handed over - Sum of Rs.2,000 p.m in lieu of residence is awarded to wife...........

Showing : 221-230 of 747 Results