Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Every woman in a domestic relationship shall have right to reside in shared household, whether or not she has any right, title or beneficial interest in the same...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 12 -- Shared household - House in question is matrimonial home of wife wherein after her marriage she was residing with her husband and children - Wife is in domestic relationship with respondents/in-laws as defined in S.2(f) of PWDV Act - After the death of her husband, respondents subjected her to cruelty..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Two round of litigations - Lok Adalat award in the first round of litigation - In the second round of litigation order of interim maintenance passed - Wife cannot seek recovery of maintenance on the basis of compromise arrived at by parties before..........
Evidence Act, 1872, Section 45, Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 28(2) -- Voice sample - Proceedings u/ss 12, 18, 19, 20 & 22 Domestic Violence Act - Magistrate in the matters of domestic violence has power to adopt procedure as per S.28(2) of PWDV Act - If there is adequate material on record having potential to prove..........
Protection of Women From Domestic Violence Act, 2005, Section 31, 18, 19, 20, 21, 22 -- Offence u/s 31 of the Act - S.31 of the Act applies only to breach of protection orders mentioned in S.18 of the Act and not to residence orders mentioned in S.19 of the Act, monetary reliefs mentioned in S.20 of the Act, custody orders as per S.21 of the Act and compensation orders as..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Waiver of abandonment of right of maintenance by wife would not negate claim of maintenance by wife or by child...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Whether wife is having an independent income to live, as in the same standard of husband who is admittedly doing the job of pilot and assets for herself thereof, is a matter of evidence - Court cannot look into these aspects in detail while considering an interim application for..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(a) -- Domestic violence - Application u/s 12 of the Act at the instance of mother-in-law - Maintainability - If mother-in-law is harassed or physically or mentally tortured by daughter-in-law or any other member of family, she could be brought within the fold of aggrieved person and would have a right to..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(a) -- Domestic violence - Aggrieved person - Mother-in-law is the aggrieved woman who has shared household and lived together with daughter-in-law in a domestic relationship as a joint family - She therefore has a right to file application u/s 12 of the Act in case she is harassed or physically or mentally..........
Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law - Daughter-in-law obtained residence order u/s 19 of PWDV Act - Occupation or residence of daughter-in-law could only be a permissive occupation which does not amount to legal possession, as she is residing..........
