Showing : 41-50 of 130 Results

UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Guardians and Wards Act, 1890, Section 25, Protection of Women From Domestic Violence Act, 2005, Section 23-- Custody of minor - Custody u/s 23 of PWDV Act is only interim subject to commission of Domestic Violence - Whereas, custody of child u/s 25 of G&W Act is not interim, rather it only intends to take away a ward from the custody of either of spouse or guardian and taking into consideration the..........
DELHI HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Domestic violence - Once act of domestic violence is committed, subsequent decree of divorce does not absolve husband from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Act including monetary relief u/s 20, Child Custody u/s 21, Compensation u/s..........
DELHI HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 23-- Interim maintenance - Prima facie case of domestic violence on record - Wife forced to leave the matrimonial home with her daughter and she is completely dependent on her parents - Husband cannot shy away from his statutory obligation of maintaining his legally wedded wife and his minor daughter..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 19(1)(b)-- Domestic violence - House jointly owned by husband and wife - Wife seeking mandatory injunction to direct husband to move out of matrimonial house - Held, Magistrate on being satisfied that domestic violence has taken place can remove spouse from the shared household - Family Court rightly..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 21-- Claim of visitation rights by mother - Interim custody of children is with father - Merely because mother is having her different place of abode cannot be a significant factor for denying her right to visit her children - Both the Courts below committed error of law and fact in declining the..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 23-- Interim maintenance - Award of Rs.30,000/- as per compromise between parties - Award of Rs.40,000/- as interim maintenance by appellate Court, set aside - Order of payment of interim maintenance of Rs.30,000/- upheld...........
DELHI HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 21, 12-- Interim custody of child - Petition by father - Court u/s 21 of the Act can pass order granting temporary custody of child - However, Act is not a final remedy for custody and guardianship issues of a minor child - S.7 of Family Courts Act vests jurisdiction in Family Court to decide suits or..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 23-- Interim maintenance - It is not mandatory to obtain report from Protection Officer before deciding application u/s 23 of the Act - However, such report is required before passing order on application filed u/s 12 of the Act...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 23-- Interim maintenance - Cannot be denied merely on ground that wife is living separately from her husband, particularly, when wife specifically pleaded that husband solemnized second marriage and for that reason it is not possible for her to reside with him...........
DELHI HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 23-- Interim maintenance - Husband has no objection to pay interim maintenance of Rs.5,000 to wife, as directed by Trial Court - As regards claim of maintenance on merits pertaining to rental accommodation, maintenance to daughter and other benefits are concerned the same requires proving of facts and..........

Showing : 41-50 of 130 Results