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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Husband contended that he has obtained an ex-parte decree of divorce against wife in U.K thus she is not entitled to any relief under the Act - Contention rejected as ex-parte decree has not become final and same will not defeat rights of wife under local law i.e PWDV Act - Wife, held,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 23(2) -- Domestic violence - Maintenance - Merely because wife is capable of earning, being a doctor, husband will not be absolved of duty to maintain wife and provide residence - Court below committed error by not giving any sufficient reason for reducing the amount of interim maintenance..........

GUJARAT HIGH COURT

Year of decision: 2015
Details

Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Petition u/s 125 Cr.P.C. - Parallel proceedings - Maintainability - Divorced Muslim wife initiated proceedings for maintenance under provisions of Muslim Women Act and Domestic..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - When a women is subjected to cruelty by her husband or his any relative, it is an offence u/s 498-A IPC - But in order to provide remedy in civil law for protection of women from being victim of domestic violence and to prevent occurrence of domestic violence the PWDV Act is enacted...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Husband contended that he has obtained an ex-parte decree of divorce against wife in U.K thus she is not entitled to any relief under the Act - Contention rejected as ex-parte decree has not become final and same will not defeat rights of wife under local law i.e PWDV Act - Wife, held,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 23(2) -- Domestic violence - Maintenance - Merely because wife is capable of earning, being a doctor, husband will not be absolved of duty to maintain wife and provide residence - Court below committed error by not giving any sufficient reason for reducing the amount of interim maintenance..........

GUJARAT HIGH COURT

Year of decision: 2015
Details

Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance - Petition u/s 125 Cr.P.C. - Parallel proceedings - Maintainability - Divorced Muslim wife initiated proceedings for maintenance under provisions of Muslim Women Act and Domestic..........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of proceedings - Relatives of husband - When only a casual reference is made to the relatives of husband and there is absence of specific allegations of active involvement in the matter and when allegations made are omnibus and vague..........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Vague and general allegations against petitioners - Petitioners are distantly related to husband of respondent No.2 - No averment in the petition nor any material placed on record to show that petitioners are having or had any domestic..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

East Punjab Urban Rent Restriction Act, 1949, Section 12 -- Eviction of tenant - Maintainability - Expert report states that there is growth of vegetation on walls and damage is also caused to roof on account of storage or rain water for long time on account of damage to rain water pipe - Location of tap which was bone contention between parties is on other side of the..........

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