Showing : 61-70 of 90 Results

BOMBAY HIGH COURT
Year of decision: 2013
Details
Protection of Women From Domestic Violence Act, 2005, Section 19-- Wife staying away from husband for more than four years prior to filing of complaint - Wife can have no claim to the house when husband himself had no legal right thereto - Wife initiated the proceedings as a counter blast to the proceedings of divorce initiated by husband - Any residence for..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Protection of Women From Domestic Violence Act, 2005, Section 19-- Dispute between husband and wife resulting in their separation - Wife is entitled to an equal share in the matrimonial home - Sale proceeds of a Flat deposited in Writ Court - Husband assured that out of sale proceeds he will purchase another flat where he proposed to stay with his wife and..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Protection of Women From Domestic Violence Act, 2005, Section 17, 2(s)-- Shared household - The house which neither belongs to the husband, nor belongs to the joint family of which he is a member, not covered by the term `shared household'...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Protection of Women From Domestic Violence Act, 2005, Section 19-- Alternate accommodation - Interim and temporary arrangement - Flat in question owned by father of husband which was his self acquired property - Not a shared household - Keeping in view the circumstances that wife had initiated criminal proceedings against husband and his relatives and also..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Protection of Women From Domestic Violence Act, 2005, Section 23, 12, 17, 18, 19, 20, 22, 21, Criminal Procedure Code, 1973, Section 468-- Application for protection order - Filed after 3 years of desertion - Not barred - S.468 Cr.P.C. not applicable as on the date of alleged desertion there was no protection order and as such there could be no breach of it translating the said occurrence into a crime as spelt out u/s 31 of the Act -..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Domestic violence - Report of Protection Officer - Word `Shall' in the provision cannot and should not be allowed to defeat the scheme of the Act - Held, calling of Domestic Violence Report from a Protection Officer: (a) would advance the cause of justice; (b) is not a mandatory rule of law; (c)..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Proceedings initiated u/s 12 of the Act - Nature of - Held, merely because jurisdiction to entertain application u/s 12 has been conferred upon Magistrate, the said Act cannot be termed as a penal statute and proceedings under the said Act cannot be treated as criminal proceedings - Power under..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Domestic violence - Applicability of the Act - Held, protection under the Act becomes available to wife/applicant who was driven out from her husband's shared household prior to coming into effect of the Act of 2005 if the deprivation continued even after the Act came into force...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Domestic violence - Application before Magistrate - Procedure to be followed - Held, an aggrieved person is not necessarily required to approach service provider or protection officer - It is left to the choice of aggrieved person to approach Magistrate with an application u/s 12 of the Act -..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Protection of Women from Domestic Violence Act, 2005, Section 12, 22-- Denial of access to shared household prior to coming into force of the Act continued thereafter - Continued deprivation of economic or financial resources and continued prohibition or denial of access for the shared household to the aggrieved person is a domestic violence - Protection under the..........

Showing : 61-70 of 90 Results