Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to wife - No evidence on record to establish income of husband - Court has to make a rough estimate as to what his income could be - It has not been established that husband is owning a ready made garments shop - At best it could be held that he was..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19 -- Domestic violence - Even if it is presumed that wife has taken divorce, even then petition under the Act is maintainable even when wife was subjected to domestic violence before coming into force of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Shared household - Where family member leaves shared household to establish her own household, she cannot claim to have a right to move an application u/s 12 of the Act on basis of domestic relationship - If at all complainant is having any right over property, she can file a suit for partition -..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Shared household - Property neither a joint family property nor property of husband - Wife is not entitled to shared household and she cannot file an application u/s 12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 26, 12 -- Domestic violence proceedings - Transfer to Family Court where divorce proceedings are pending - Family Court does not lack such jurisdiction to hear two proceedings together - In domestic violence proceedings an appeal lies to High Court and no party will be loosing his/her right of appeal - What is..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Marriage between parties stood dissolved by decree of divorce - Still, wife entitled to file proceedings u/s 12 of the Act in respect of past domestic violence...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Parties cohabited in same household even after taking divorce - Wife entitled to file proceedings u/s 12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Nature of proceedings under the Act - Proceedings under the Act are predominantly civil in nature and in case of violation of order it takes character of criminal proceedings...........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Inherent powers of Court - Domestic violence - Right of appeal is provided u/s 29 of PWDV Act as well as alteration of orders at the instance of aggrieved party - Parties need to refrain from approaching High Court straightaway every time with aid of S.482 Cr.P.C..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Inherent powers of Court - Domestic violence - Mere issuance of notice, which cannot be equated with summons, when Magistrate is only dealing with its ministerial function, respondent cannot rush to Court by invoking inherent powers of Court u/s 482 Cr.P.C...........
