Showing : 331-340 of 819 Results

GUJARAT HIGH COURT
Year of decision: 2015
Details
Protection of Women from Domestic Violence Act, 2005-- Scope - Provisions of the Act provides for remedial measures for civil rights of women but machinery provided is through criminal Court...........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23-- Once proceedings u/ss 12, 18 to 23 of Act are or is initiated either jointly or independently by order passed by Magistrate or Metropolitan Magistrate, as the case may be, provisions of Cr.P.C. are applicable coupled with power of Court u/ss 28(2), 23(2) of the Act...........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Constitution of India, 1950, Article 226-- Writ petition - Any person affected by any proceedings under Protection of Women from Domestic Violence Act, 2005, prior to initiation of proceedings u/s 12 of said Act, may prefer Special Criminal Application u/art 226 of Constitution if proceedings are beyond the scope and ambit of Act or..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 2(a), 12-- Aggrieved person - There is severance of status of husband and wife after passing of decree of divorce and not when decree for judicial separation is passed - Legal relationship of husband and wife continues even after passing of decree of judicial separation...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Return of Stridhan - Petition filed after decree of judicial separation - Wife has every right to file petition u/s 12 of the Act for return of her stridhan after passing of decree of judicial separation as legal relationship of husband and wife continues even after passing of decree of judicial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Divorce - Desertion by wife - Wife residing in the matrimonial house and instituted the proceedings under Protection of Women From Domestic Violence Act that she may not be ousted - She also lodged criminal proceedings against husband and her i, laws, with regard to occurrence in which she..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 31(3)-- Breach of interim protection order - S.31(3) of Act, would override the other cognate provisions found in Cr.P.C. - Even if summary procedure is adopted, Court would have to frame charges for breach of interim protection order in terms of S.31 of Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 23, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 21, 22-- Residence order - Interim order to stay in the suit property passed in favour of wife - Eviction order passed under Act of 2007 - A parent who invokes the provisions of Act of 2007 cannot create a situation that makes irrelevant the right of a female for securing a protection which is guaranteed..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 17-- Right of residence - One of the main object of enacting the Act is to provide the right to women to reside in matrimonial home or shared household, irrespective of whether she has any title in such home or household...........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 2(f)-- Domestic relationship - Words `live or have at any point of time lived' appearing in S.2(f) of the Act includes `right to live' - Wife, who has a right to live with husband in shared household or in matrimonial home in view of existence of her marital tie with husband must be considered to have..........

Showing : 331-340 of 819 Results