Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings under the Act - Nature of proceeding u/s 12 of the Act is a civil proceeding and application u/s 12 of the Act is not the complaint as mentioned in S.2(d) Cr.P.C - Procedure for cognizance set out u/s 190(1)(a) Cr.P.C followed by procedure set out in Chapter XV Cr.P.C for taking cognizance will..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings under the Act - Issuance of notice u/s 12 of the Act is not a summon as mentioned u/s 61 Cr.P.C and while issuing such notice, Magistrate does not take cognizance of any offence - Therefore, procedure of Ss.200, 202 Cr.P.C does not apply in proceeding u/s 12 of the Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of proceedings - Offence u/ss 498-A, 406, 34 - Complaint filed against husband after taking divorce by wife - Proceedings initiated by wife under Domestic violence Act also which culminated in dismissal of proceedings on merits - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While deciding criminal revision against order passed u/s 125 Cr.P.C or corresponding section under Domestic Violence Act, Court shall take into consideration the present income of husband and wife for determining maintenance payable to wife and children...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Only statutory deductions as well as income tax can be taken into consideration while determining the net salary of husband - Payments made on other heads cannot be deducted from his gross salary...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband admitted that wife and his son is living separately at her parental home for the last two years and maintenance and educational expenses of son is born by her parents - Gross salary of husband is Rs.97,227 p.m - However, trial Court after taking into account the various..........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Filing of affidavit of assets and liabilities at the appellate stage after final adjudication - Not permissible...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance - Application u/s 125 Cr.P.C. or u/s 12 D.V. Act or an application u/s 24 Hindu Marriage Act - Order of maintenance should be passed from date of application and not from date of order...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance - Application u/s 125 Cr.P.C. or u/s 12 D.V. Act or an application u/s 24 Hindu Marriage Act - Affidavit of assets and liabilities - Specific order should be passed asking parties to file affidavit of disclosure..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Maintainability - Wife had lived in a domestic relationship with husband, before they started living separately - They were related by marriage till the marriage was declared to be null and void - Wife is thus, an aggrieved person within meaning of the Act and she has a..........
