Protection of Women From Domestic Violence Act, 2005, Section 29, 23, 12 -- Interim relief - Even in absence of Domestic Incident Report a Magistrate is empowered to pass ex parte or interim relief as well as final order under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 29, 23, 12 -- Interim maintenance - Though husband may have personal financial commitments, those cannot override his primary duty to maintain his wife - Maintenance rightly granted...........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order u/s 29 of PWDV Act - Revision - Maintainability - Person aggrieved by an order of Sessions Court u/s 29 of PWDV Act can prefer a criminal revision petition, as procedure prescribed for an application u/s 12 of PWDV Act is as per Cr.P.C and appeal..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Constitution of India, 1950, Article 227 -- Order u/s 29 of PWDV Act - Writ petition - Maintainability - Writ petition u/art 227 of Constitution cannot be preferred against a final order or judgment passed by Sessions Court in an appeal u/s 29 of PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Filing of affidavit of assets and liabilities at the appellate stage after final adjudication - Not permissible...........
Protection of Women From Domestic Violence Act, 2005, Section 29, 12 -- Appeal - Ex parte maintenance order - Husband has been appearing before Magistrate and had on its own volition stopped appearing and was proceeded ex parte - It cannot be said that he was not aware of proceedings - Explanation provided by husband for his non-appearance before Magistrate is unmerited -..........
Protection of Women From Domestic Violence Act, 2005, Section 29, 23 -- Appeal against interim order passed u/s 23 of the Act is maintainable u/s 29 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Appeal - Appellate Court while exercising power u/s 29 of the Act, has power to pass interim order...........
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 is..........
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...........
