Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Domestic violence - Parties not living together in shared household - Vague allegation that respondents are family members but they appear to be neighbours - Ingredients of domestic violence wholly absent - Petition rightly dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint - After divorce - There is no such rule that divorce between a couple would absolutely debar a wife from invoking provisions of PWDV Act and that in certain exceptional circumstances, a wife, despite her divorce, may still be able to make out a case for grant of relief...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Shared household - Right of maintenance and residence - Death of petitioner`s husband is not a factor which would disentitle petitioner to claim maintenance from those with whom she had resided in `shared household' and whose conduct had rendered her `aggrieved' but for getting such relief it is..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint - After divorce - Neither any complaint under PWDV Act nor any FIR u/ss 406, 498-A IPC or under any other penal provisions had ever been instituted before dissolution of marriage - Even, husband also expired before institution of application under PWDV Act - Thus, complaint filed by petitioner..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Shared household - In absence of evidence to hold that complainant was residing in a `shared household' with the respondents or that the respondents had committed any act of domestic violence so as to hold them responsible to pay maintenance or any amount towards rentals of residential accommodation to..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Jurisdiction of Court - Courts at place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by husband or his relatives, dependent on factual situation, also have jurisdiction to entertain complaint under the Act - In the..........
Limitation Act, 1963, Section 9, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Limitation - Complaint u/s 12 of the Act - Complaint filed after two years of judicial separation - Offence in question is continuing offence - Complaint is not barred by limitation...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Interim maintenance - Wife has made out a prima facie case that there was domestic violence - Even concurrent findings of facts recorded by Courts below that wife is entitled for interim maintenance - These findings appears to be in consonance with material placed on record - No..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27(1)(a) -- Application u/s 12 of the Act seeking relief u/ss 18 to 22 of the Act filed at place `B' - Jurisdiction - Wife residing with her parents at place `B'- Court at place `B' within the local limits of which the persons aggrieved permanently or temporarily resides is competent to grant protection..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468, 472 -- Domestic violence - Maintenance - Applicability of provisions of Ss.468, 472 Cr.P.C - Offence under PWDV Act is a continuing offence and demands are made and applications which are going to be filed are not barred by limitation and Court can grant..........
