Criminal Procedure Code, 1973, Section 125 -- Maintenance - Refusal to grant - Validity - Factum of existence of marriage of "K" with "T" uptil 1998 is itself evident from her own statement - In such a situation, she could not be said to be a legally wedded wife of "N" although she might be living with him since 25.01.1994 - Held, her status, at best, if any, can only be..........
Protection of Women From Domestic Violence Act, 2005, Section 20, 22, 23 -- Recovery of marriage expenses - Claim for various expenses incurred for purchase of clothes, making cash presentations, purchase of utensils and sarees, etc. - Also claim made towards actual marriage expenses include expenditure incurred right from getting the wedding cards printed till the..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings under the Act - Can be initiated on the basis of an application filed by aggrieved person or from a protection officer or any other person on behalf of the aggrieved person - Only certain particulars are to be stated as regards the claim raised and no specific pleading with respect to any..........
Protection of Women From Domestic Violence Act, 2005, Section 3, 12 -- Domestic violence - Among others, takes in economic abuse also...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Grant of - Husband was not granted any opportunity to meet case of wife before passing adverse order against him - Written request was made by husband to file objections - Final order passed without providing any opportunity to husband - Held, when husband appeared before court after..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings initiated u/s 12 of the Act - Nature of - Held, merely because jurisdiction to entertain application u/s 12 has been conferred upon Magistrate, the said Act cannot be termed as a penal statute and proceedings under the said Act cannot be treated as criminal proceedings - Power under the Act..........
Protection of Women from Domestic Violence Act, 2005, Section 2(a) -- Aggrieved person - Divorced wife - No matrimonial relationship exists between parties - Marriage stood annulled - Held, status of respondent cannot be equated with woman who has been in domestic relationship as envisaged in the definition provided u/s 2(a) of the Act - She cannot be said to be..........
Evidence Act, 1872, Section 112, 114 -- Paternity of child - Presumption as to - Held, in a case based on paternity claim, it would be unsafe to reach a conclusion solely on mother's assertion on paternity of child, without independent corroboration of mother's testimony - Merely because first party (mother) was engaged for domestic chores in house of petitioner, can't..........
Protection of Women from Domestic Violence Act, 2005, Section 12 -- Domestic violence - Mother-in-law can take recourse to the proceedings u/s 12 of the Act to file a complaint against daughter-in-law - A mother who is being mal-treated and harassed by her son would be an 'aggrieved person' - If the said harassment is caused through the female relative of the son i.e. his..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Maintenance - Decree of restitution of conjugal rights granted in favour of husband - Wife neither complied with the decree nor challenged the same - Subsequently a decree of divorce on the ground of desertion passed in favour of husband - Held, wife who neither complied with the decree of restitution..........
