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..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Territorial jurisdiction - Complaint u/s 12 of the Act - Wife is residing at Kannur, at the residence of her sister - Such fact is not disputed by husband - Wife though temporarily residing at Kannur, Court at Kannur thus, has got jurisdiction to entertain and try the petition...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(f) -- Domestic violence - Domestic relationship - Marriage of parties does not stand proved - However, parties were living together in a relationship, which was in the nature of marriage, as per material placed on record - Domestic relationship thus, exist between parties and wife being an aggrieved person..........
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..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - S.12 of the Act provides that even an aggrieved person can prefer an application through protection officer seeking relief under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(a) -- Application u/s 12 of the Act - Maintainability - Wife is resident of Jodhpur for last about 25 years and after having solemnized marriage with husband, incident which is reported in complaint took place at Jodhpur - Application at the instance of wife held, maintainable in view of Ss.2(a), 12 of the..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Compliance with forms under PWDV Act is merely directory and not mandatory - Forms are only meant to aid an aggrieved woman to claim reliefs in clear terms - Departure from same cannot have effect of disentitling an aggrieved woman from claiming reliefs under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence committed outside India - Relevancy of foreign investigation - There is no bar in collecting evidence from abroad or from examining witnesses in such respect - However, result of foreign investigation de hors any judicial order passed even by a foreign Court on a similar law, cannot be..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Taking away stridhan articles from a married woman by mother-in-law amounts to a serious domestic violence apart from constituting an offence of criminal breach of trust under IPC...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Clear averments about abusive and aggressive behaviour by husband on numerous occasions and misdemeanor in front of family members - Even, in US during short stay with husband, wife allegedly had to put up with misbehavior from husband - Infact, wife was constrained to seek police help..........
