Showing : 1-10 of 717 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Protection of Women from Domestic Violence Act, 2005-- Criminal Procedure Code, 1973, S.125 - Domestic violence - Mere passing of an order u/s 125 Cr.P.C does not preclude respondent from seeking appropriate reliefs under Domestic Violence Act...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 23-- Maintenance to divorced wife - Domestic relationship between husband and wife very much alive when wife made complaint of domestic violence - Order of maintenance and rent for alternative accommodation was passed in favour of wife will continue unless and until there is change in circumstances as..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Maintenance - Divorced wife - Existence of domestic relationship is not needed to execute order granted u/s 12 of the Act - Divorced wife who got an order of maintenance and other relief under the Act prior to decree of divorce is entitled to execute the same if she is unable to maintain herself..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 25(5)-- Alteration/modification of order passed under the Act - Order passed under the Act is not perpetual in nature in view of S.25(2) of the Act, as it may be altered, modified or revoked if there is a change in circumstances and for that purpose aggrieved person or respondent may approach Magistrate..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 25(5), Criminal Procedure Code, 1973, Section 127-- Expression `change in circumstances' under both the provisions i.e under Cr.P.C and under PWDV Act are used in connection with alteration of an order of maintenance...........
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..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 29-- Maintenance to wife and children - Purported payments made by husband to wife irregularly, in an ad hoc manner although of his own volition, but not in terms of order passed by Court, cannot be adjusted by executing Court with arrears of maintenance allowance payable...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 29-- Maintenance to wife and children - Relief granted to a woman or a female child cannot be disturbed or delayed by raking up technical irregularities, especially when purported irregularity had remained unchallenged and in fact had not taken its supposed toll so far as period for which dues accrued..........
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..........
KERALA HIGH COURT
Year of decision: 2019
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 23(2)-- Proceedings u/s 12 or S.23(2) of the Act - Evidence by way of affidavit - Court in its discretion can allow evidence on affidavit and permit cross examination to test veracity of the evidence...........

Showing : 1-10 of 717 Results