Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Marital discord is ongoing between son and daughter-in-law which is a constant source of discomfort and stress for mother and her husband - Though one year later daughter-in-law filed complaint under Domestic violence Act,..........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternative accommodation - Husband does not have a right to seek any relief under the Act - However, Court can in exercise of its power u/s 19(1)(f) of the Act, still issue appropriate orders to him or other respondents before it, to provide alternate accommodation to aggrieved person...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable - Interim maintenance granted to wife is ordinarily to be granted with effect from the date of filing application for such maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable not mentioned - On an application filed by wife, it was ordered that interim maintenance is payable from the date of application - Magistrate has powers to take supplementary measures and pass the impugned order and it does not amount to review of order...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Relationship in the nature of marriage - Parties to the relationship in the nature of marriage must be persons qualified to enter into a legal marriage, including being unmarried...........
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 12, 23 -- Interim maintenance to wife and two daughters - Elder daughter attained majority and her marriage was solemnized on the behest of husband - Husband cannot be fastened with such an obligation - However, maintenance @ Rs.5,000 each to wife and other daughter is proper...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Return of gold ornaments and money - Wife did not bring in any trustworthy evidence or claims for return of gold ornaments and money - Therefore, rejection of that claim cannot be found fault with - However, in case of claim for compensation, Courts below did not make a meticulous scrutiny of evidence to..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Proceedings u/s 12 of the Act of 2005 - Quashing of proceedings - Application u/s 482 Cr.P.C challenging the proceedings u/s 12 of PWDV Act is not maintainable...........
