Protection of Women From Domestic Violence Act, 2005, Section 3 -- Economic abuse - Disposal of household effects to which wife had an interest and was entitled to use by virtue of domestic relationship brings the case within ambit of economic abuse as provided u/s 3 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife cannot be denied benefit of interim maintenance under the Act merely on the basis of allegations of illicit relationship which are yet to be proved during course of trial...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Quashing of proceedings - Non-consideration of Domestic Incident Report (DIR) - Where the complaint u/s 12 of the Act was filed by wife on her own through counsel, there could not have been any occasion for filing DIR by Protection Officer or Service Provider at the said stage -..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Quashing of complaint - Husband after disposing properties shifted to rented accommodation without making any provision for maintenance of wife and children - Prima facie acts and conduct of husband constitute domestic violence - Wife does not have any source of income for maintenance..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Family Court while passing impugned order in favour of wife relied upon findings passed in petition for restitution of conjugal rights that wife attempted to commit suicide due to cruelty meted out to her - However, in said order there is also clear finding that alleged physical assault..........
Protection of Women From Domestic Violence Act, 2005, Section 31 -- Order of maintenance - Not a `protection order' - Violation of same does not attract provision of S.31 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife having no independent source of income, but has reasonable educational background - She voluntarily undertaken social work as claimed despite there being no impediment for undertaking a meaningful employment - Maintenance pendente lite @ Rs.21,000 pm as awarded under Domestic violence Act would be..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Decision taken in a case u/s 125 Cr.P.C. and u/s 12 of the D.V. Act have no binding effect on each other...........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance petition u/s 125 Cr.P.C. - If rejected then wife is not precluded from claiming maintenance or other monetary remedy under D.V. Act...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband failed to produce any evidence regarding his income - However, he is capable of earning being an MBA qualified person who was previously employed in a private company - Husband also paid amount awarded by Magistrate in proceedings under Domestic Violence Act - Therefore, in absence of ascertainment..........
