Protection of Women From Domestic Violence Act, 2005, Section 19 -- Eviction suit against daughter-in-law - Impleadment of husband - Shared household - Where shared household is admitted by father-in-law, there was no need to implead husband, particularly when he has not claimed any right in suit property...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Right of residence - Shared household - Right of residence u/s 19 of the Act is not a indefeasible right of residence in a shared household, especially, when daughter-in-law is pitted against aged father-in-law and mother-in-law - Daughter-in-law rightly evicted from shared household, since there exist a..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22, Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Eviction of daughter-in-law - Shared household - Property in question has been found to be in ownership of parents-in-law - Status of daughter-in-law appears to be that of licensee - It has no where found to be a shared..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of widowed mother - Eviction of son and daughter-in-law - Property in question is the ownership of widowed mother by virtue of Will from her husband - Part of property has been handed over to petitioners for opening their factory premises and which certainly cannot overrun Will in..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 2(f) -- Shared household - Domestic relationship - Mere fact that daughter-in-law moved out and started living separately and at the time of filing of complaint was living separately, would not make the case fall outside the ambit of Ss.2(f), 2(s) of the Act, particularly when allegations levelled pertain..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation against mother-in-law - Reduction of sentence - When an offence has been committed by a woman/mother-in-law by meting out cruelty to another woman i.e daughter-in-law, it becomes more serious offence - No leniency is required to be shown to accused - However, since the incident is of year 2006 and accused is..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Ex parte order granting maintenance to widowed daughter-in-law - Notice was sent to father-in-law initially by ordinary post and thereafter by registered post - Service was presumed to have been effected upon father-in-law as per endorsement of postman on..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction of daughter-in-law - Matrimonial home - Petitioner/daughter-in-law was living on ground floor of property along with her son - Categorical statement is given by petitioner that she is neither interfering in lives or movements of persons living above ground floor nor any of them is a..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder and conspiracy - Proof - Accused while in jail hatched criminal conspiracy with co-accused and committed murder of deceased by firing gun shot and blasting bomb - Conspiracy by accused not proved, as though wife of deceased deposing about threats given by accused to kill his husband in..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father-in-law - Eviction of son and daughter-in-law - Son was not helping his parents but was supporting his wife - Provisions of the Act thus, not misused for purpose of throwing out a daughter-in-law - Son and daughter-in-law rightly evicted...........
