Showing : 61-70 of 84 Results

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..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Protection of Women from Domestic Violence Act, 2005, Section 23, 29-- Interim order - Restoring possession of shared household to wife - Appeal against - Appellate court would interfere with interim order only when order is arbitrary, capricious, perverse or contrary to the settled principles of law regarding grant of interim relief - Appellate court cannot set..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Protection of Women From Domestic Violence Act, 2005, Section 17, 19-- Injunction - Right of woman to reside in shared house - It can be any household whether owned or tenanted, either jointly or by either of them - It is the household in which the victim and the violator may be having rights, singly or jointly - Consequently, they may or may not have title to the..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Protection of Women From Domestic Violence Act, 2005, Section 17, 19-- Injunction - Right of woman to reside in shared house - Order of restraint can be passed against violator having title to the property from alienating or disposing of or encumbering the shared household or the matrimonial home in which the victim has been granted the right of peaceful residence..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Protection of Women From Domestic Violence Act, 2005, Section 17, 19-- Protecting possession of matrimonial home - Interim relief - Father-in-law purchased flat and husband paid some EMI's from his account and claimed tax relief - Denied by father-in-law - Fact of ATM transactions and mode of payments between father son for whatever motive was specifically within the..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Protection of Women From Domestic Violence Act, 2005, Section 9(1)(b)-- Physical violence - Protection Officer is required to prepare a domestic incident report - However, it is not necessary to prepare a report in case of domestic violence other than physical violence e.g. verbal or emotional abuse...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Protection of Women From Domestic Violence Act, 2005, Section 19-- Right of wife to reside exclusively and peaceably in alternative premises - Should be of the same level - Since it would be unencumbered residence, exclusive for the wife, it would require to be about half the area of the shared residence of the parties...........

Showing : 61-70 of 84 Results