Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Divorced wife - Existence of domestic relationship is not needed to execute order granted u/s 12 of the Act - Divorced wife who got an order of maintenance and other relief under the Act prior to decree of divorce is entitled to execute the same if she is unable to maintain herself and she..........
Protection of Women From Domestic Violence Act, 2005, Section 25(5), Criminal Procedure Code, 1973, Section 127 -- Expression `change in circumstances' under both the provisions i.e under Cr.P.C and under PWDV Act are used in connection with alteration of an order of maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Maintenance to divorced wife - Domestic relationship between husband and wife very much alive when wife made complaint of domestic violence - Order of maintenance and rent for alternative accommodation was passed in favour of wife will continue unless and until there is change in circumstances as mentioned..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance is fixed on taking prima facie view of matter - Serious disputed questions of facts raised at that stage requiring evidence cannot be gone into - Unless undisputed evidence is produced by husband clearly establishing that wife is gainfully employed, relief of interim maintenance..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - Where there is a dispute as to whether wife is gainfully employed or not, Court cannot assume that because she is educated or was employed prior to her marriage, she would be gainfully employed...........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Interim maintenance - No material produced by husband either before trial Court, Appellate Court or before High Court to show that wife in fact had secured any employment or was receiving any salary or income - Pleas raised by husband would be required to be established at trial - Till, husband..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband in order to deprive wife from residential accommodation transferred his property in the name of his father - Act of husband needs to be deprecated out rightly - Argument that husband has no income at all cannot be accepted, more particularly when he is an MBBS doctor by..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Normally to be awarded from date of application - For awarding maintenance from date of order there have to be compelling circumstances - However, there has to be adjustment of amount already paid in terms of order passed u/s 125 Cr.P.C. and interim order passed by High Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Domestic violence - Residence order - Husband left for abroad leaving his wife in house of his parents - Subsequently, parents disowned their son and refused to maintain daughter-in-law/wife - Wife has no other source of income and no place to stay - Order of granting maintenance @..........
Protection of Women From Domestic Violence Act, 2005, Section 12 - - Refusal to grant maintenance - Applicant was having only source of income from business in question after death of her husband - Son of applicant not doing any business - After death of husband of applicant, respondent took over possession of said business and deprived the applicant from financial..........
