Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 22, 23 -- Domestic Violence - Protection and maintenance order - Dispute arose on wife going to attend marriage of her brothers - When wife came back to matrimonial house with her father, husband refused to allow entry in house as he re-married and demanded Rs.25,000 for re-entry - Husband denied..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20 -- Wife driven out of matrimonial home about fifteen years before filing of petition under the Act - Domestic relationship between parties clearly established on record - Held, High Court erred in law in quashing the proceedings - Impugned order quashing proceedings set aside...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 12 -- Shared household - Daughter-i, law ousted from shared household after death of her husband - It amounts to domestic violence - Daughter-i, law, held, entitled to use, enjoy and access to the shared household, whether or not she has any right, title or beneficial interest in the same - Application..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 2(s) -- Shared household - Means - House belonging to or taken on rent by husband or house which belongs to joint family of which husband is a member...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 12, 2(s) -- Shared household - Wife living separately from her husband with her father - Whereas, husband living in joint family comprising his two married sons - Wife alleged to be of quarrelsome nature and if she is allowed to live along with joint family, peaceful matrimonial life of joint family can be..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 17 -- Domestic violence - Residence order - Husband admitted the fact that wife has been driven out from the shared house hold and presently she is living in the rented house - Courts rightly held that if husband is not willing to accommodate wife in shared house hold along with him, he is liable to pay..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 12 -- Shared household - Wife living separately with her husband - Death of husband - Wife has no right against father-i, law to occupy any portion of self acquired property of father-i, law against his wishes...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Right of residence in a shared household can only be appreciated if the house belong to or taken on rent by husband or house belongs to joint family to which husband is a member - Shared household does not mean that wherever the husband and wife lived together in the past, the same will..........
Protection of Women From Domestic Violence Act, 2005, Section 17, Hindu Adoptions and Maintenance Act, 1956, Section 4 -- In view of non obstante clause in terms of S.4 of 1956 Act, provisions of Act alone are applicable and anything and any liability in respect of maintenance of daughter-i, law on death of son cannot be fastened from the self-acquired property of parents...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of Act of 2005 - Limitation - S.468 Cr.P.C. has no application to S.12 of Act of 2005 as it is not a complaint and does not provide punishment...........
