Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Expeditious disposal of application - Disposal of application within 60 days is not possible or practical, but endeavour should be made for expeditious disposal without depriving any of parties of effective hearing - If unnecessary or long adjournments are granted to either..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Allegation against married sister-in-law - Petitioner No.4 is living at her matrimonial house - No averment was made in application that she was living in share household with husband and wife at any time - Ingredients of S.12 of the Act would not apply against married..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Allegation against family members of husband - Wife with a view to pressurize petitioners to settle the matter or to harass them has impeded petitioner Nos.2 to 4 in the application - No specific role attributed to petitioner Nos.2 to 4 - Unnecessary implicating petitioners in..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Stridhan, inherited property or gifts received by a woman from her parents or relatives cannot be construed as a source of income so as to defeat her claim for maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage and not on the financial status of her natal family...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Financial position of parents of wife is immaterial in determining quantum of maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Mere fact that wife is educated or has some source of income does not by itself, disentitle her from seeking maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife's educational qualifications or notional earning potential cannot by itself, constitute a valid ground to deny her interim maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - While adjudicating issue of maintenance to be granted to a wife, Court takes into consideration not only income and assets of husband from regular sources but also earnings and profits derived from any family business in which he has a share or interest - This includes profits,..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Maintenance is not to be determined by arithmetic precision but by ensuring that dependent spouse can live with reasonable comfort, consistent with status enjoyed during matrimony...........
