Protection of Women From Domestic Violence Act, 2005, Section 19 -- Residence order u/s 19(4) of the Act - Can be treated as an order under Chapter VIII Cr.P.C - However, recourse to said chapter of Cr.P.C cannot be an effective remedy...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternative accommodation - Can be ordered to be provided only in a case where shared household is not available...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternative accommodation - If an order of residence would result in total negation and annihilation of rights of respondents and an alternative arrangement would reasonably protect right of residence and interest of both the parties, Court shall lean in favour of such an alternative arrangement...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Property in question is mortgaged to bank - Amount of loan remains overdue and action by bank for recovery of same is imminent - It was just and appropriate to order respondents to provide alternative accommodation to petitioner and to vacate the residence order -..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Divorced woman cannot claim right of residence in a shared household - But divorced woman staying in a shared household at the time of divorce or after divorce shall not be evicted or excluded from shared household or any part of it by respondent save in accordance..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Even if an aggrieved person is not in a domestic relationship with respondent in a shared household at the time of filing of an application u/s 12 of the Act, but has at any point of time lived so or had right to live and has been subjected to domestic violence or is later subjected to..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Abundant material to demonstrate prima facie that there was domestic violence by the respondents - A notice in the least or an enquiry in the least ought to have been conducted by the concerned Court - Since no notice was even issued to the respondents as such impugned order..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Cannot be treated as complaint for initiation of prosecution...........
