Protection of Women From Domestic Violence Act, 2005, Section 23 -- Monetary relief as an interim measure - Cannot be denied merely on the ground that petitioner was being paid maintenance pendente lite under the orders of competent Court in divorce proceedings - Relief under the Act is in addition to any other relief which may be granted by any Court of law to the..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - When neither party produced authentic reliable prima facie evidence before Magistrate on the question of income of husband then there was no alternative before Magistrate to assess the income excepting by guess from attending circumstances and to fix the amount of monetary relief..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim by wife and her child - Husband failed to produce prima facie evidence regarding his income - Evidence on record shows that husband had higher middle class status having petrol pump business - Monetary relief of Rs.10,000 p.m to wife and Rs.5,000 p.m to child rightly granted...........
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..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband unemployed and has no income - Amount of Rs.4,000 p.m instead of Rs.5,000 p.m fixed as interim maintenance till the final amount of maintenance is decided by Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Divorced wife - Interim maintenance - Wife subjected to an act constituting domestic violence while she was in domestic relationship with the respondent during subsistence of marriage - Held, application is maintainable - Award of Rs.5000/- as interim maintenance against husband whose take home income..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 23 -- Domestic violence - Interim maintenance - Wife ousted from matrimonial home by husband after giving severe beatings - Wife has no resources to maintain herself - Husband getting salary to the tune of Rs.30,963 p.m - Once salary of husband is proved to be Rs.30,963 p.m and income from..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - Requirement - Prima facie satisfaction about an act of domestic violence having been committed or that there is likelihood of such an act being committed, is not required for passing an order of interim maintenance as such a requirement is mandated for passing an ex-parte order for..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - Order of maintenance passed after consent of parties - Plea of interpolation and over writing in order - Appellate Court upon examination of record categorically recorded that over writing has been duly initiated by Presiding officer - Parties have put their signatures on order..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - Order of maintenance passed after consent of parties - Husband contended that he had not given any consent to the said order - This aspect is purely factual controversy which cannot be determined by this Court - It is only the Court which recorded the consent of husband in its..........
