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..........
Criminal Procedure Code, 1973, Section 127 -- Enhancement of maintenance awarded under Protection of Women From Domestic Violence Act - There being no determination of maintenance u/s 125 Cr.P.C. petition u/s 127 Cr.P.C. is not maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Right of a woman to secure a residence order in respect of a shared household cannot be defeated by simple expedient of securing an order of eviction by adopting summary procedure under Maintenance and Welfare of Parents and Senior Citizens Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22, Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Eviction of daughter-in-laws - Property in question is self acquired property of senior citizen, does not constitute a shared household u/s 2(s) of PWDV Act - Daughter-in-laws rightly evicted...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Ex parte order of maintenance - Husband was proceeded ex parte by Magistrate - However, husband filed appeal against such ex parte order with a huge delay of 334 days - Appeal was dismissed, as there was no plausible explanation given by husband for condoning such a huge delay - Even, husband further made..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 -- Protection of Women from Domestic Violence Act, 2005 - Both the acts are to be read simultaneously - A wife cannot be ousted from her matrimonial home on the basis of summary proceedings under Senior Citizens Act, 2007...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 18, 19, 20, 21, 22 -- Relief u/ss 17 to 22 of the Act - Limitation - There is no limitation prescribed under the Act to institute claim seeking relief u/ss 17 to 22 of the Act - Moreover, providing maintenance is a continuous cause of action and even if wife did not claim maintenance for herself or her..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Husband was in a relationship with wife as he married her - Question whether marriage would be void or not is a matter of trial - Even otherwise, there is no dispute to the fact that till the time wife was residing with husband, she was in a `domestic relationship' with him in a..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Monetary relief - If wife earns something which is very nominal, it does not preclude her from claiming maintenance from husband...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Wife was subjected to maltreatment and beatings by husband - Injuries suffered by wife duly established with opinion rendered on record by Medical Officer - Marriage between parties not disputed and obligation is cast upon husband to maintain wife and minor child - Husband is a private driver..........
