Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic relationship - Number of photographs produced - There were statement of witnesses recorded by police about relationship between the parties as husband and wife or that they lived as husband and wife - Held, impugned order whereby maintenance was granted was passed only as an interim arrangement on..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Husband alleged marriage void as wife was already married - Marriage certificate issued u/s 13 of Special Marriage Act, 1954, produced on record - Marriage certificate by itself not sufficient for a complete and effective decision with regard to marital status of parties and that too..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, 43 -- Maintenance - Ex parte interim maintenance - Appeal and not revision against the order is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 23(2) -- Maintenance - Ex parte interim maintenance - Can be granted even without issuing notice - However, said order is to be made absolute with or without modification, after service notice on the respondent - For passing ex parte interim order, Magistrate has to subjectively satisfy himself as to the..........
Protection of Women From Domestic Violence Act, 2005, Section 24 -- Maintenance - Ex parte interim maintenance - U/s 24 onus is on Judicial Magistrate to ensure that copies of any order passed under the Act is furnished to the parties as well as others mentioned in S.24 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternate accommodation - Interim and temporary arrangement - Flat in question owned by father of husband which was his self acquired property - Not a shared household - Keeping in view the circumstances that wife had initiated criminal proceedings against husband and his relatives and also initiated..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Magistrate can grant interim maintenance ex parte on basis of affidavit...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Income of husband Rs.28738/- per month - Grant of interim maintenance Rs.5,000/- per month - Petitioner has not denied the fact of marriage or income or fact of separate living - Held, order of interim maintenance passed after examining attending circumstances cannot be said to..........
Protection of Women From Domestic Violence Act, 2005, Section 23,31 -- Interim maintenance - Implementation - Order passed u/s 23 of the Act cannot be implemented under S.31 of the Act - Power is given u/s 28 of the Act for implementation of order of interim maintenance - Moreover Rule 6(5) of Rules framed u/s 37 of the Act also lays down the procedure - Held, in view of..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance to son - Reduction of - Validity - Wife is working woman and her minor son is aged about 8 years - Wife has pleaded that on account of various details enumerated on record per month Rs.12000 was child's expenses - Magistrate has only awarded Rs.4000 as an interim maintenance which..........
