Protection of Women From Domestic Violence Act, 2005, Section 19, 23(2) -- Interim residence order - Quashing of order - Wife not disclosed the order granting maintenance @ Rs.15,000 p.m in her favour u/s 125 Cr.P.C - Said maintenance being regularly paid by husband not denied by wife - More so, residence order in favour of wife passed on the same day of moving application..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Rule 23, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Senior citizen - Eviction order passed on 27.10.2017 - Possession of one room delivered - Judicial Magistrate passed an order on 27.02.2018 u/s 12 of Protection of Women from Domestic Violence Act so as to protect possession of wife..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 125, 399, 401 -- Order granting interim maintenance u/s 23 of PWDV Act and S.125 Cr.P.C. - Appeal u/s 29 of PWDV Act and revision u/ss 399, 401 Cr.P.C respectively is maintainable against said order and will be heard without any pre-condition of deposit of arrears..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Implementation of order - Where relief granted in favour of aggrieved person is modified, varied or vacated, Magistrate is competent to pass such orders to give effect to its own order by invoking S.23(1) of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Provision of S.23(1) of the Act, can be invoked in appropriate cases to pass orders even against aggrieved person if Court deems it just and proper...........
Protection of Women From Domestic Violence Act, 2005, Section 23(1), 19, 28 -- Ex parte residence order - Vacating the order - Held, when ex parte residence order is vacated, Magistrate shall invariably direct the aggrieved person to vacate the disputed house within a specified time to be fixed by the Magistrate and in case of failure to comply with that direction, to pass..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1), 19, 28 -- Ex parte residence order - Vacating the order - Magistrate is competent to enforce its order vacating the ex parte order and necessary directions can be issued to the jurisdictional SHO to enforce its order...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Income tax returns of husband taken into consideration while granting interim maintenance - Wife having degree and preparing for Phd. - Without evidence being led by parties, conclusion about their income cannot be drawn - But looking to necessity to meet day to day expenses by wife,..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 19 -- Maintenance - Total salary of husband is taken to be 3 lakhs p.a - Keeping in view the fact that cost of living is increasing as well as requirement of minor female child who is looked after by wife, interest of justice would be met, if Rs.15,000 p.m is awarded to wife as maintenance inclusive of..........
Protection of Women From Domestic Violence Act, 2005, Section 27, 12, 17, 18, 19, 20, 22, 23, Indian Penal Code, 1860, Section 498A, 406, 34 -- Territorial jurisdiction - Complaint u/ss 27, 12, 17, 18 to 20, 22 & 23 of PWDV Act and FIR u/ss 498-A, 406, 34 IPC - Quashing of complaint and FIR - Complainant is the aggrieved person who is resident of Delhi, where..........
