Showing : 1-10 of 49 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Interim maintenance - Normally to be awarded from date of application - For awarding maintenance from date of order there have to be compelling circumstances - However, there has to be adjustment of amount already paid in terms of order passed u/s 125 Cr.P.C. and interim order passed by High..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Interim maintenance - Deceased husband and his brother were carrying joint business and drawing Rs.30,000/- p.m. each - House where complainant and her husband resided belong to a joint family - Whether requirements of S.2(f), S.2(q) and S.2(s) of the Act are fulfilled is a matter of evidence..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Interim maintenance - Jurisdiction - Issue of jurisdiction dealt with in most cursory manner without looking into material adduced on record by husband - Wife served in the present case at a address in a different district - Husband also placed on record certain documents, perusal of which shows..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 23-- Interim maintenance - Husband is conductor of magic taxi - However, taxi of husband seized by Finance company due to no, deposit of installments, as he had taken the taxi on loan - Husband has no means, as he could not even retain his vehicle and was unable to pay installments - Total amount..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
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..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Domestic violence - Claim of maintenance - Marriage between parties not solemnized as per law - Failure to produce any documents or photographs etc. in this regard - Prima facie no evidence to establish that they were living together since long - It cannot be presumed that they were living as..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Interim maintenance - Grant of Rs.2.50 lakhs by trial Court - Appellate Court reduced it to Rs.50,000/- per month - Both trial Court and Appellate Court arrived at a figure of maintenance on the basis of affidavits filed by both the parties along with their respective documents - In such..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 26, 20(1)(b)-- Maintenance - Adjustment of amount awarded under provisions of PWDV Act - Interim maintenance awarded under PWDV Act is not in addition to amount already granted in any other civil or criminal proceeding, same is certainly liable to be adjusted against amount of maintenance finally awarded u/s 125..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 20, 26-- Interim maintenance - During pendency of proceedings relating to dissolution of marriage under Dissolution of Muslim Marriage Act - Maintainability - Claim of interim maintenance filed by wife cannot be said to be completely alien to provisions under which she has approached Court by way of main..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 20, 26-- Interim maintenance - Divorced Muslim wife - Husband pronounced Talaq - However, factum of Talaq not proved by husband and merely because Talaqnama is tendered in Court, marriage cannot be said to have been dissolved - Even otherwise, if marriage between parties is dissolved, husband cannot..........

Showing : 1-10 of 49 Results